Neighbors of an alleged Oregon Street drug-dealing two-house complex say they never suspected any illegal activity at the residences, but call it a “problem property” that they now want the owner to sell. 

A UC Berkeley senior died at Alta Bates Summit Medical Center last Friday after losing consciousness in the house at the rear of the property at 2136 Oregon Street in South Berkeley. He’d been brought to the Alta Bates Emergency Room by two of his roommates. The Alameda County Coroner’s Office has not yet determined the cause of death of 22-year-old Patrick McCann, who was a university water polo player. 

A spokesperson for the Berkeley Police Department says that homicide or foul play are not currently suspected. 

Shortly afterward being notified of McCann’s death, investigating Berkeley police officers found what they called “evidence of marijuana cultivation” at McCann’s home. 

Berkeley police spokesperson Steve Rego said that a later raid under search warrant netted 14 pounds of marijuana, over 100 methadone pills packaged for sale, and materials consistent with a drug sale operation, including a Pay-Owe sheet listing transactions. In addition, police say they found throwing knives and four unregistered firearms—two semiautomatic pistols, a 12-gauge shotgun, and an assault rifle. The assault rifle is illegal under California law. 

Berkeley police later arrested four of McCann’s roommates on charges of cultivation and possession of marijuana for distribution. One of the roommates, Casey Lanzon, was also charged with illegal possession of the assault weapon.  

Three of the arrested students—22-year-old Matthew Morrison, 21-year-old Babatunde John Oyelowo, and 22-year-old Thatcher Hillegas—have been identified as UC Berkeley students. Hillegas is a former illustrator for The Daily Californian newspaper. The fourth arrestee, 23-year-old Casey Lanzon, is reported as having last attended UC Berkeley in 2003. Bail for all four students was set at $20,000 each, which their attorneys said was standard for the charges. The four students are due back in court in Oakland on Nov. 4. 

UC Berkeley spokesperson Marie Felde called the death and arrests “the most serious situation involving UC Berkeley students and drugs that anyone here can remember.” 

Hillegas is being represented by Berkeley attorney Elena Condes and Lanzon is being represented by Oakland attorney Dennis Roberts. Oyelowo’s case has been referred to the Alameda County Public Defenders office, while Morrison’s attorney was not identified in court records. 

Rego said police had not had any complaints about the address prior to the arrests.  

The two gray stucco houses are owned by Dr. Cynthia LeBlanc, Chief Academic Officer of the West Contra Costa Unified School District. The houses sit in a quiet, residential neighborhood within a half a block of both the LeConte Child Development Center and the Elmwood Care Center, a long-term adult care facility operated by Sutter Health. On Wednesday evening the houses looked little different from any of the other single-family dwellings on the block, quiet and undistinguished, except for an open front screen door on the front house, and a television crew standing across the street filming the property as background for a news reporter. 

One pre-school-age neighborhood child, after learning that the man talking to her mother was a newspaper reporter, said she knew exactly why he was on the street. “To talk about that house over there,” she said, pointing to the LeBlanc property. 

Five days earlier, neighbors stood outside and watched as police cordoned off the property and pulled out boxes of evidence. “It didn’t really bother us until they brought out the guns,” one neighbor said. “We’re really up in arms about that. There are small children living on both sides of the house. There are 10 families with children on this block. That’s got us really upset.” 

Neighbors, who asked not to be identified, said that the two houses on the property have had “problem tenants” for several years predating the tenancy of the arrested students, and the situation has prompted neighbors to make what they call “several complaints” to owner LeBlanc. “The only time we’ve had anyone good in there is when there were two graduate students who we recommended,” one neighbor said. “And they moved out because they had problems with the tenants in the back house.” The neighbors said that LeBlanc has been unresponsive to their concerns, and said they are now working with “city authorities” to try to get her to release the property. 

LeBlanc did not return telephone calls in regards to this article. 

Neighbors said that the present problems began in May when the two recommended graduate students moved out. They say that three of the arrested roommates then moved from the back house to the front house, and McCann and the other arrestee, which one was unclear, then moved into the back house. 

“There was apparently some connection between the two houses,” one neighbor said. 

One woman described the students as “really rough people” who generated complaints from other residents, another woman called them “normal complaints. Noisy parties and stuff. They were college students, and a lot of us used to be college students. We’re pretty tolerant. We understand.” 

But although residents say they were unaware of any illegal activities on the property, several of them said that in hindsight, they should have been. 

“Now I kick myself, because I didn’t pay attention that I never saw them walking down the street with a backpack or anything,” one woman said. “How could they be college students?” 

She said she also should have been suspicious that “they spent a lot of time at home during the day, watching television. Actually, it was pretty quiet over there. Maybe it was too quiet.”

One of Berkeley’s largest affordable housing developers has been stripped of its federal funding amid charges that it has engaged in nepotism and misallocated funds. 

A monitoring report, released Tuesday, by the federal Department of Housing and Urban Development has cited Jubilee Restoration Inc. for spending federal funds earmarked to hire three full-time workers for its Supportive Housing Program on ineligible projects and random office expenses including a luncheon.  

HUD also questioned if Jubilee’s family-run hierarchy constituted a conflict of interest. Until recently the organization was headed by Berkeley Pastor Gordon Choyce and his son, Gordon Choyce II, who served concurrently as executive director and deputy director and also maintained seats on the board of directors.  

At HUD’s demand, they and another family member recently resigned from the nine-member board. 

Jubilee, which did not return phone calls for this story, has until Nov. 19 to respond to the charges. 

If HUD is unsatisfied with Jubilee’s response, the nonprofit could pay a heavy price. HUD can require Jubilee to return the estimated $200,000 in funding for the program it has received over the past two years and could disqualify Jubilee from receiving future funding for all of its activities.  

Already the investigation has jeopardized Jubilee Village, a proposed 110-unit affordable housing development. City staff was set to recommend Tuesday that the City Council guarantee up to $3 million in HUD-sponsored loans for Jubilee to purchase the property at 2612 San Pablo Ave. for the project. However, according to a city manager’s report, HUD advised the city not to provide funds to Jubilee while the organization was under investigation. 

The City Council heeded the advisory and chose not to guarantee the loan, putting the project on hold. Berkeley has thus far contributed $75,000 towards the development, of which $28,960 has been spent. 

Jubilee, the city’s third largest affordable housing developer, got its start 12 years ago rehabilitating single family homes along San Pablo Avenue in West Berkeley, where its founder Gordon Choyce is pastor of the Missionary Church of God in Christ.  

The organization now concentrates on social service work and new infill developments including the 71-unit Acton Courtyard Apartments, built in partnership with for-profit developer Panoramic Interests.  

In an Oct. 5 letter to Jubilee, HUD wrote that it initiated a conflict of interest review based on its observation that, contrary to HUD rules, Jubilee’s executive director and deputy director are father and son and that they both serve on the board of directors.  

HUD rules prohibit an employee from directly supervising a family member, and prohibit anyone from sitting on a board of directors of an organization where a family member is employed. 

Jubilee is requesting a waiver from HUD to allow Gordon Choyce II to remain as deputy director under his father, who does not receive an income as executive director. 

In addition to reshuffling its board of directors, Jubilee will have to answer to additional conflict of interest questions that emerged from the investigation. HUD found that the organization disbursed $1,400 from the Youth Checking Account to Kara Choyce-Palmer, another family member employed by the organization. HUD also questioned the relationship between Charles Lightfoot, the board’s treasurer, and Charlton Lightfoot, the adult program coordinator, who was paid $4,782 from May 2003 through January 2004. 

In monitoring Jubilee’s expenditures, HUD also uncovered evidence that the organization misallocated funds for the HUD-subsidized Supportive Housing Program (SHP). 

The HUD grant earmarked $100,000 annually—about one-third of Jubilee’s total budget—specifically to pay for three full-time homeless counselors beginning in 2002. However, HUD found no evidence that any of the positions were filled until October 2003.  

At the same time, HUD found unspecified transfers were withdrawn from the SHP and Community Development Block Grant checking accounts without adequate explanation. Both accounts were found to have paid for ineligible costs including insufficient fee charges, overdraft charges and the luncheon. 

HUD also found evidence that Jubilee made duplicate salary payments. The organization made regular withdrawals to the payroll account, HUD concluded, but at the same time individual checks were written to the same employees in the same month. HUD demanded that the duplicate payments be returned unless Jubilee could substantiate them. 

Jubilee isn’t the first Berkeley non-profit to potentially suffer from a HUD monitoring. Last year, Building Opportunities for Self-Sufficiency was found to owe HUD over $600,000 in ineligible requests for payment and the Jobs Consortium for the Homeless is still fighting for survival after HUD ordered it to pay back over $1 million after determining that the organization was not eligible for a federal matching grant that it had previously received. 

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In City Council District 5, running for the seat being vacated by Councilmember Miriam Hawley are Jesse Townley, a civic-minded musician who offers youth and a fresh perspective, Laurie Capitelli, a real estate broker, connected to the city’s establishment who hasn’t sought to make waves, and community activist Barbara Gilbert, who thinks that the establishment will tax and spend the city into the ground. 

Starting at the outer edge of the gourmet ghetto and rising into the North Berkeley hills, District 5 lacks the crime of the South Berkeley flatlands, the controversial new developments in and around downtown or the grinding traffic of the Claremont/Emwood District. 

“It’s a blessed part of the city,” said Zelda Bronstein, chair of the Thousand Oaks Neighborhood Association. 

The district, nevertheless, does have some unique concerns. The sewer and storm water systems occasionally fail, a major traffic corridor, Marin Avenue, might be reduced from four to two lanes under a new proposal, and hundreds of residents are affected by a controversial creek law. 

With the candidates debating taxes, development and the city’s budget deficit, the contest in District 5 has taken on the feel of a race for mayor. 

So has the fundraising. As of Oct. 16, the candidates have together raised more than $52,000, more than all the other city council candidates combined. 

Leading the pack with $27,500 is Capitelli, who has the backing of incumbent Hawley, Mayor Tom Bates, councilmembers Linda Maio and Gordon Wozniak and the moderate Berkeley Democratic Club, which has endorsed the winner of every District 5 race since district lines were drawn in 1986. 

With strong support from the city’s political establishment Capitelli, a partner in Red Oak Realty and member of the Zoning Adjustment Board, has assumed the aura the leading candidate. He touts his experience in business and city politics and defends the current council and himself against charges that he would be a rubber stamp for the mayor. 

“Laurie will go along with Bates’ program,” Gilbert insisted. 

“That’s simply not true,” replied Capitelli, who differs with the mayor on some of the proposed tax measures. 

Previously an aide to former mayor Shirley Dean, Gilbert has dedicated her candidancy to what she calls her fight against the “Taxation Development Complex.” 

She claims to draw much of her support from middle-class homeowners and members of neighborhood organizations who share her anti-tax and anti-smart growth views. Gilbert, though, has failed to garner the backing of her former boss, Shirley Dean, who has refused to make a public endorsement in the district where she outpolled Mayor Bates in 2002. 

Townley, a Green Party member and the secretary of the punk rock venue 924 Gilman St. Project, has cast himself as a “pragmatic progressive” in a district that has never sent a progressive to the council. 

“I’m not an ideologue,” he said. “I’m open to logic and facts.”  

The candidates differ on the hot-button issue of amending a creek law that prevents new construction of roofed buildings within 30-feet of the centerline of a creek or underground culvert. Gilbert, who has a creek that runs through her property, wants the restrictions suspended and the Planning Commission to take the lead in proposing changes to the ordinance.  

Capitelli favors retaining restrictions for the time being and supports a hybrid taskforce of stakeholders and members of different city commissions. Townley also favors retaining restrictions and supports the formation of an independent taskforce to consider creek issues. 

Townley stands alone in his support for Berkeley to follow an Albany plan to turn Marin Avenue from four lanes of traffic to two lanes with a center turning lane and bicycle lanes. Gilbert outright opposes the idea, and Capitelli said he was concerned the lane reduction would exacerbate traffic during rush hour. 

When it comes to the four city tax measures on the November ballot, Capitelli has seized the middle ground. He favors the property tax hike for libraries and a utility tax hike to replenish the general fund, but opposes taxes that are supposed to go for youth programs and paramedic services. Townley supports all of the taxes and Gilbert supports none of them. 

“People feel they are the host and the city is a parasite sucking away their savings,” she said. 

While Gilbert thinks the tax hikes are sending the city “off a cliff,” Capitelli and Townley hold that residents are willing to pay for services. 

“That’s why we have such an incredible library system and a good school system,” said Townley. 

All three candidates say they will insist on less generous union contracts when the deals expire and push for the unions to contribute to their retirement funds. They also all agree that the city needs to wring more money out of UC Berkeley, which currently doesn’t pay city taxes or assessments, to cover the city services the university uses. 

On the issue of development, Capitelli, who chaired Mayor Bates’ development task force, supports the current city policy of concentrating housing and commercial developments on major transit corridors and said the taskforce’s recommendations would address concerns that neighbors are excluded from providing input on proposed projects.  

Gilbert opposes many of the bigger developments Capitelli approved on the ZAB in favor of smaller bungalow-style dwellings. She wants to reconsider a city law that requires developers of larger projects to include affordable housing. Townley, a renter, wants to see more affordable housing built along transit corridors as long as it doesn’t tower over adjoining neighborhoods. 

All of the candidates agree that residents of District 5 don’t frequent downtown Berkeley, but have different remedies for the business district that has seen several stores close in recent years. Gilbert has called for satellite parking lots and supports attracting chain stores, while Townley and Capitelli both say they would emphasize locally owned businesses. 

Capitelli, who if elected would be the only councilmember to have experience running a business, said one of his top goals would be improving the city’s business climate. 

“There is still a suspicion in Berkeley that business is bad and God forbid a business make a profit,” he said. 

One part of town where both Capitelli and Gilbert are interested in increasing business tax revenue is West Berkeley, where zoning rules currently favor manufacturing interests and craftsman. They would favor reopening the West Berkeley Plan, while Townley supports the current zoning restrictions. 

›

Following complaints by neighbors of a controversial South Richmond development site, the top official of the San Francisco Bay Area Water Quality Control Board promised Thursday to order round-the-clock monitoring of potentially toxic dust and compounds escaping from the Campus Bay project.  

Bruce Wolfe, executive director of the regional control board, was grilled during his appearance at the board meeting of Citizens for the Eastshore State Park (CESP). 

An organization largely composed of members of regional environmental groups, CESP members have voiced concerns about developments on the East Bay shoreline, in particular the Point Molate casino proposal and the Campus Bay project. 

But the greatest concerns were raised by two members of Bay Area Residents for Responsible Development (BAARD)—Sherry Padgett, who works at a firm near the Campus Bay site and UC Environmental Science Professor Claudia Carr, who lives nearby—and their attorney, Peter Weiner. 

“It’s a perfect storm of a site,” Weiner said. “They are creating an open sore for the community.” 

Immediate worries focused on the current dredging of Stege Marsh along the waterfront edge of the site where the developer is proposing to build 1,330 units of housing over the buried hazardous wastes of the former Stauffer/Zeneca chemical manufacturing complex, which produced a variety of noxious organic and inorganic wastes. 

Muck from marshlands at the west of the site has been polluted by iron pyrite cinders created in the manufacture of sulfuric acid by Stauffer Chemicals, which operated plants on the sites for nearly a century. 

The property was later sold to AstraZeneca, a British firm which retained responsibility for cleanup even after the site was sold to a developer.  

The wastes are being dumped atop previously buried hazardous waste and soil which has been partially uncapped to make room for the 25,000 or so cubic yards being excavated from the marshland. 

Also buried beneath the cap are wastes from UC Berkeley’s Richmond Field Station, a 160-acre parcel adjacent to the site which also housed some of the Stauffer/Zeneca buildings and the California Cap Co., which manufactured blasting caps and polluted the site with a toxic mercury compound. 

The sites houses a witch’s brew of hazardous materials ranging from heavy metals to organic pesticides and the especially hazardous VOCs, short for volatile organic compounds that are carried by the air. 

BARRD is particularly worried that the cap now in place on the Campus Bay site isn’t designed to prevent the escape of VOCs, including the perchlorethylenes and chlorobenzenes found on the site. 

An additional concern is the limited monitoring being conducted of dust and organic compounds leaving the site in an area where wind gusts are frequently recorded in the 40 mile per hour range. 

“Dust is coming our way. We are really concerned that we will be inundated without proper testing,” Padgett said. “The wind comes right over the property to our business.” 

Padgett and Carr both recalled heavy dust levels generated by the original site cleanup work two years ago. “Houses and cars in Marina Bay were covered with dust then,” Carr said. 

No monitoring has been conducted when dredging and other work isn’t underway, which came as a surprise to Wolfe, who said he had presumed that monitoring was being conducted around the clock. 

“We’re going to be reiterating our requirement to monitor the site 24/7,” Wolfe said. 

Weiner said he had been amazed to learn, during a Wednesday night meeting with the cleanup firm handling the site, that acceptable exposure levels used in the monitoring were based on an eight-hour-per-day, six-month basis in an area with nearby residences and companies where people had worked for years. 

“This was a revelation to us,” he said. “Usually risk assessments are based on decades of exposure, but this is for six months. Proposition 65 calls for a 70-year period.” 

Padgett complained that the current monitoring covers only 22 of the 70 known hazardous compounds at the site. 

The site cleanups are being conducted by LFR Levine Fricke, a toxics cleanup firm once headed by Berkeley developer James D. Levine, the would-be developer of a tribal casino, hotel, shopping and entertainment complex on Richmond’s Point Molate. 

Carr charged that LFR’s existing report on toxins at Campus Bay is outdated, because it analyzed on-site toxins before soil from the UC site was added to the mix. 

“It’s 300,000 cubic yards of something else,” she said.  

Shoreline marsh waters off the university site are also heavily polluted, and soil cleanup at the field station still requires additional remediation, Wolfe told CESP members. 

Adding yet another complication to the development picture are claims by the Campus Bay developer, Cherokee Simeon Ventures, a specially-formed entity created by Marin County developer Russell Pitto’s Simeon Properties and Cherokee Investment Partners, a firm based in Colorado and Florida that specializes in investing pension fund and other moneys in developments built on “brownfield” sites—reclaimed hazardous waste properties. 

The developers had originally planned to build an extension of their Campus Bay business park on the site and had received the appropriate clearances from regulatory agencies, but when the economic downturn stymied that plan they turned to the residential plan. 

Regulatory agencies set different standards for residential sites, which are often occupied round-the-clock by infants, children, the elderly and the chronically infirm, and the developers must obtain a whole new set of approvals before they can build housing. 

Weiner told Wolfe that city officials had told BARRD that the developer had asked the city to stop its mandatory environmental review required by the California Environmental Quality Act so they could first win the water board’s approval, and the project’s web site (www.campusbay.info/approval.html) claims that “[p]rovided the RWQCB approves the residential reuse, the project will undergo environmental review conducted by the Richmond Planning Department.”  

“That’s the disconnect,” said Wolfe. “We can’t give an approval without a new CEQA finding by the city. We’ve just received letters from the city and the developer asking us to stop the process, but we still see on the web site that once approval comes from the water quality control board they will start. That’s simply not true. 

“Until it goes through the CEQA process and the project is defined, we can’t act.” 

Wolfe said he couldn’t recall a single instance where the board had approved unlimited—that is, residential—use of a site previously cleared only for limited use. 

Weiner and other critics of the project have also urged that the lead agency role on the site be handed to the state Department of Toxic Substances Control, which retains direct jurisdiction longer than the water boards, which had responsibility to local agencies. 

Wolfe has long experience with polluted sites in the area. “I was involved 25 years ago when Liquid Gold was there,” he said. An oil recycling firm, Liquid Gold was located immediately east of the Campus Bay site. Wolfe worked on the cleanup. 

“They would take any type of oil without testing. They took (electrical) transformer oil that was laced with PCBs (a now-banned organic toxin) that drained into the marsh,” Wolfe said. 

›

Backed by a crowd of some 40 sign-carrying union members, representatives of the Berkeley Unified School District’s custodians, maintenance and food service workers, and bus drivers told BUSD board members Wednesday night the district must change its stand on worker health care and salary needs in contract mediation talks scheduled to begin next week. 

“We are your infrastructure and your infrastructure is crumbling,” Stationary Engineers Local 39 business agent Stephanie Allen said. 

Some 170 Local 39 members have been working without a contract since July 1. The Public Employment Relations Board declared contract negotiations at an impasse at the end of September, and mediation is scheduled to begin next week. 

The board meeting was held at Longfellow School after a faulty elevator caused the meeting to be moved from the Old City Hall. 

Allen and fellow union agent Lynn Long staged an indirect ad-hoc debate with board members during Wednesday’s regular board meeting, with Allen and Long leveling charges during public comment and board members answering during their report period. With one of the union representatives saying that the members “have to leave because they have to get up in the morning to work,” Local 39 members exited the meeting immediately following the business agents’ presentation, missing the board members’ responses. 

Long charged that when the contract ended on the first of July, the district unilaterally began charging union members with Kaiser health benefits a $50 per month fee for Kaiser’s Family Plan, the amount Kaiser had raised its fees on that date. Long said that prior to July, union members were not charged for health benefits by the district. She also charged that the district had floated a $300,000 interest-free loan to BUSD Superintendent Michele Lawrence in order to buy a house. 

“None of our union members have been offered loans to buy homes,” Long said, adding that on their current salaries, many of them were having trouble meeting their rent and health care payments and putting food on the table. Long told reporters earlier that Local 39 members have not had a raise in three years. 

One of the union members held up a sign reading “We Want To Buy A House Too.” 

Long criticized Lawrence for what she called “unilaterally” canceling negotiations with the union in July. 

But board member Terry Doran defended Lawrence, saying that “the board takes responsibility for the negotiations; the administration is acting at our direction.” Doran said that BUSD “is not in violation of our agreement with the union with regard to health benefits. We’re doing what the contract states. We have a bilateral agreement with the union, and we are honoring it.” 

Responding to a statement by Berkeley Council of Classified Employees president Ann Graybeal that “one of the members claim[s] that this is a pro-union board,” Board member Joaquin Rivera said, “I said this was a pro-union board, and I reiterate that this is a pro-union board. But it is also a fiscally responsible board, and we have to make sure our financial house is in order before we make other commitments.” 

Rivera said that that while he “completely understands” Long’s point about the health charges to the Local 39 employees, “we’re not going to be able to tackle health care problems at the district until we do major health care reform at the state and national levels.” 

Both Doran and Rivera expressed the belief that the problems with the union could be worked out in the upcoming negotiations. 

During her presentation, Allen criticized what she called the district’s “mismanagement” of its food service department. 

“At a recent public forum, Board Members [John] Selawsky and [Joaquin] Rivera defended [Food Service Director Karen] Candito and blamed the losses [of nearly $2 million] on her purchases of fresh food. If Candito is buying fresh food, she sure isn’t serving it to the majority of students who eat in the schools.” Allen passed out an elementary school lunch menu for the month of October which listed corndogs, pizza, hot dogs, pasta, chicken nuggets, and burritos among the offerings. 

Earlier this month, Candito and BUSD received a national food service award from the Physicians Committee for Responsible Medicine. The committee cited BUSD’s vegetarian lunch and policy banning fried foods among its reasons for giving the district the award.›

At Tuesday’s City Council meeting, Mayor Tom Bates delivered a proposal that could bridge the city’s creek divide.  

But his compromise plan, crafted with councilmembers Miriam Hawley and Linda Maio, came too late for the City Council to agree to take a vote or for Bates to escape a rebuke from three colleagues over how the plan was distributed. 

The plan, which will be discussed further at the next council meeting on Nov. 9, calls for the formation of a task force, under the supervision of the Planning Commission, to study the city’s embattled creek ordinance. 

Bates’ plan effectively nullifies a staff recommendation last week to send the issue to the Planning Commission with a directive to eliminate restrictions on new construction within 30 feet of a creek or underground culvert. 

Creeks were not the only issue Tuesday to get pushed into November.  

The council postponed a vote to guarantee up to $3 million in loans for a proposed affordable housing project after learning that federal regulators are investigating the developer, Jubilee Restoration, on charges of nepotism and misallocating funds (see story page one).  

Also, acting on a planning commissioner’s report, the council unanimously reversed its vote from last week to establish new zoning rules for University Avenue. Instead it will give the plan further study on Nov. 9. 

Bates’ compromise plan would create a task force to review creek issues and make recommendations regarding the ordinance and city creek policies by May 2006. The 13-member body, under the supervision of the Planning Commission and staffed by the Planning Department, would consist of appointees from councilmembers, the mayor, and the Planning, Public Works, Parks and Recreation and Community Environmental Advisory commissions.  

All appointments would be made in December following the election of new councilmembers.  

The city’s 15-year-old creek ordinance, which affects roughly 2,400 property owners, prohibits new construction of roofed buildings within 30 feet from the centerline of an open creek or underground creek culvert. Creek advocates, who want to strengthen the ordinance, and a group of homeowners that want to weaken it have battled in recent months over the proper venue to consider changes.  

Neighbors on Urban Creeks has demanded the issue go to the Planning Commission and creek advocates, fearing that the commission is stacked against them, have called for an independent task force. 

While the content of the mayor’s plan for creeks won praise from both sides, the way Bates presented it caused fireworks. 

Peering into a crowd of creek advocates sitting on one side of the aisle all with a copy of Bates’ proposal and their opponents on the left, who claimed they didn’t even know a compromise was in the works, Councilmember Betty Olds demanded an explanation.  

“I don’t want this glossed over,” she blurted out during time set aside for public comment. “This certainly isn’t very democratic.” 

Councilmember Gordon Wozniak said he was “concerned” that creek advocates had good connections in the city and could get a copy of the report. 

Noting what she sees as a recent trend, Councilmember Margaret Breland declared, “We should stop putting these items on the agenda at the last minute.” 

Last week the council declined to consider a vote on the staff recommendation because they didn’t receive a copy until hours before their meeting. 

“I apologize,” said Bates responding to the criticism. “It was worked out in the last few minutes of the day, Monday. That is the nature of this kind of compromise.” 

Bates said his office provided 30 copies of the proposal at the council meeting and the plan was also on the mayor’s website Tuesday afternoon. 

Creek advocate Juliet Lamont said she and other creek supporters downloaded their copies of the plan. “I check the website everyday,” she said. 

The homeowners group, Neighbors On Urban Creeks, however still suspected foul play. “It was a done deal before anybody walked into the meeting,” said Trudy Washburn. Other members of the group questioned why the report was on the mayor’s website but not the city’s. 

Under the mayor’s plan the task force would have until next April to deliver a budget and work plan to the Planning Commission and then have until the following May to recommend changes to the ordinance. The taskforce is not accounted for in the city’s budget and Bates did not estimate how much the body would cost. 

The task force discuss the issue of financial responsibility for repairing culverts that sit underneath private property. Many of the culverts are near the end of their useful lives, and currently the city contends that homeowners should be responsible for the repairs. 

If the task force failed to deliver recommendations by the 2006 deadline, Bates’ plan calls for suspending the prohibition of new construction within 30 feet of a culverted creek. 

That didn’t sit well with creek advocates and their allies on the council, who otherwise backed the plan. 

“The clause will encourage obstructionists to delay the taskforce,” Lamont said. 

Councilmember Maio assured creek advocates that if their opponents tried to stall, the council would step in. Despite their concerns over how the plan was distributed, councilmembers Wozniak and Olds both said the compromise had good potential. 

At times during the meeting, members of Neighbors on Urban Creeks held signs reading “No Taskforce on Creeks,” but afterward they seemed resigned to the mayor’s proposal. 

“We just have to make sure it’s a balanced taskforce,” said former mayor and group member Shirley Dean. 

University Avenue 

By a unanimous vote, the council reversed itself on new zoning rules for University Avenue and demanded a staff report to determine the effects of a new residential-only building option. 

Last week the council voted 5-3-1 to pass the first reading of the zoning rules over the objection of residents who wanted the Planning Commission to further study the residential-only component. A second vote needed to approve the plan now won’t come until after the council receives the staff report. 

Members of Plan Berkeley, a group organized around building on University Avenue, argued that the residential-only buildings could balloon from three stories to five because of a state law that grants developers extra building density for projects that include affordable housing.  

Since the city interprets the law to grant developers more space based on the number of rental units, Plan Berkeley members feared developers would choose not to include ground floor retail so they could build bigger buildings than would otherwise be allowed. 

Adding to their concerns, earlier this month Gov. Arnold Schwarzenegger signed a bill increasing the density bonus, from 25 percent to 35 percent, allotted to developers who satisfy certain requirements. 

Neighbors received crucial support Tuesday from Planning Commissioner Gene Poschman. He wrote that the amended state law could make the residential-only projects approximately 94 percent larger than buildings with similar zoning standards. 

Fire Department Negotiations 

Berkeley will likely lose the service of one of its two fire truck companies during evening hours after city negotiators and the firefighters failed to agree on a one-time reduction of scheduled raises. 

The truck company is scheduled to close between 6 p.m. and 8 a.m. every day starting Nov. 8. The closure is estimated to save the city $300,000 in overtime expenses.  

The City Council has exacted similar concessions from other unions to help it close a $10 million budget deficit.  

Unlike other city unions, the firefighters’ contract lacked a clause allowing the city to unilaterally reduce their salary increase. The City Council rejected a union offer to tie the salary giveback to a one-year contract extension with a six percent raise in return. 

No future negotiations are scheduled, though Deputy City Manager Lisa Caronna said the city would be open to additional offers from the union. 

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The first two weeks of October saw political contributions skyrocket for citywide ballot measures and slow down for City Council candidates, according to campaign contribution and expense reports released this week. 

Berkeley’s power brokers went to bat for a campaign fund to back tax increases on utility bills and property sales. The Committee to Support Measures J and K raised $19,874 between Oct. 1 and 16, more than any other campaign. In all, the campaign has raised $35,785 and has $19,143 left to spend before the election. 

Enriching the coffers to support the two tax measures were Mayor Tom Bates who donated $250, SEIU Local 790 gave $15,000, developers Ali Kashani gave $250 and Panoramic Management LLC contributed $1000, contractor Oliver and Company gave $1000, Planning Commissioner David Stoloff gave $250, Deputy City Manager Lisa Caronna gave $500, Assistant City Manager Arrietta Chakos gave $250, and Carol Kamlarz, wife of City Manager Phil Kamlarz, donated $250. 

Berkeley election law allows contributors to make unlimited contributions for ballot measures but limits contributions to individual candidates to $250. 

Raising money is usually a prerequisite for winning elections in Berkeley. Last election the most well-heeled candidate won every city race. 

The most evenly matched fundraising contest is over Measure Q, a largely symbolic proposal that would make prostitution the city’s lowest police priority. 

Proponents of the measure raised $3,736 during the filing period to bring the total amount raised to $7,865. Their opponents, consisting mainly of business owners along San Pablo Avenue, where prostitution is most prevalent in the city, raised $5,555 bringing the total to $5,955. 

Supporters of a proposed library tax raised $15,500, bringing its grand total to $45,991. Nearly all of the money raised has come from unions and pro-library civic organizations. 

Advocates for a measure that would liberalize the city’s marijuana laws raised $15,140 in October, $9,000 of which came from two different marijuana collectives, the Patients Care Collective and Berkeley Patients Group. 

The fundraising battles in the four city council races remain lopsided with contributions in the first half of October. In District 3, Max Anderson, the chairman of the Rent Stabilization Board, reported raising $2,646, bringing his total to just over $13,000, quadruple the amount reported by his two closest challengers, community activist Laura Menard and Councilmember Maudelle Shirek. Neither Menard nor Shirek filed contributions and expense statements for the current filing period. 

Laurie Capitelli raised $2,450 to bring his total contributions to $27,498 in his bid to succeed Miriam Hawley in District 5. Among his two opponents, Jesse Townley raised $3,745 during the filing period for a total $15,487 and Barbara Gilbert raised $2,098 for a total $11,797. 

In District 6, incumbent Betty Olds raised $4,464 for a total of $18,464, while her lone opponent, Waterfront Commissioner Norine Smith, didn’t raise any money. Her campaign is in debt because of a credit card payment. 

In District 2, Darryl Moore raised $3,227 for a total of $12,117. His opponent Sharon Kidd has raised $957 and given herself a $2,500 loan. 

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On Sept. 29 the Governor signed SB 1818, which City of Berkeley planner Mark Rhoades has called a “bombshell.” Despite strong concerns expressed by the League of California Cities, the bill had sailed through its final votes: no nays at all in the Senate and only four (including Loni Hancock) in the Assembly. It makes many changes to crucial Section 65915 of the state’s density bonus law. 

SB 1818 comes on top of several other bills that amended that section during the last three years. The cumulative re sult is a dramatic overhaul that sharply increases potential impact on communities, while apparently reducing local governments’ flexibility and power to respond.  

Previous Amendments 

During the dozen years before 2002, Section 65915 had remained largely unchanged. Back then, it provided incentives only for housing developments in which at least 20 percent of the units were affordable for “lower income” households, 10 percent were affordable for “very low income” households, or 50 percent were specifical ly for senior citizens. For all these, cities and counties were required to either (a) grant a requested “density bonus” of 25 percent over the otherwise allowable zoning and general plan level and at least one extra “concession or incentive” (such as a r educed setback requirement), unless the city or county made a written finding that the extra concession or incentive wasn’t needed to make the units affordable, or (b) “provide other incentives of equivalent financial value based upon the land cost per dw elling unit.” In exchange, the affordable units had to stay affordable for 30 years or for a longer time period if required by an applicable assistance program, but only 10 years if the local government didn’t grant an extra concession or incentive. 

Then in 2002, AB 1866 added to 65915 a provision for condo projects in which at least 20 percent of the units were for “moderate income” households. (”Moderate income” generally means up to 120 percent of area median income, adjusted for household size.) For these, cities and counties were required to either (a) grant a requested density bonus of at least 10 percent and at least one extra concession or incentive, unless the city made certain written findings, or (b) provide financially equivalent other incent ives or concessions. In exchange, the moderate-income units would have to stay affordable for 10 years. 

More generally, AB 1866 wrote in a requirement that—subject to two escape clauses—cities and counties “shall” grant the specific concession or incenti ve requested by an applicant. The exceptions are where the local government makes a written finding, based on substantial evidence, that the concession or incentive either (a) isn’t needed to make the units affordable or (b) would have a “specific adverse impact,” as tightly defined elsewhere in the Government Code, upon “public health and safety or the physical environment” or on a property that’s listed in the California Register of Historical Resources. However, the applicability of these exceptions se ems unclear. 

The bill added a provision that if a city or county “refuses” to grant a requested density bonus, concession, or incentive, the applicant may sue, and shall be awarded reasonable attorney’s fees and costs of suit if a court finds that the re fusal violated 65915. It also added a provision banning the application of “any development standard” that has the effect of precluding a qualified development at the densities or with the concessions or incentives allowed by 65915. Critics have argued th at these provisions “cast a negative and litigious tone to the law,” and that the language about “any development standard” is dangerously broad. Both provisions do give to local governments escape clauses in cases where there’d be a specific adverse impa ct on health, safety, or the physical environment, or an adverse impact on a property in the California Register. But the provisions are so written that the applicability of those escape clauses is unclear. 

Also in 2002, AB 2755 amended the definition of “housing development” to specifically include rehab projects that convert an existing structure from commercial to residential, or increase the number of residential units inside it. 

In 2003, AB 305 added a subsection about child care facilities. Where an applicant proposes to include such a facility (other than a family day care home), located in or adjacent to the housing development and meeting certain conditions, the city or county—unless it finds that the community has adequate day care facilities—must either (a) grant an additional residential bonus equal to the child care facility’s square footage or (b) provide some significant other concession or incentive. 

This Sept. 23 the Governor signed AB 2348, which added a subsection about parking. It s ays that for a development otherwise qualifying under 65915, the local government shall—if requested by the developer—be banned from requiring more than specified amounts of parking in relation to unit size. The ratios are one space per studio or one-bedr oom, two per two- or three-bedroom unit, and two and a half spaces per bigger unit. And the subsection might even be read as letting “tandem” spaces count toward all those ratios!  

What SB 1818 Does 

SB 1818 replaces the former single-figure density bonus es (25 percent and, for condos, 10 percent) with a complex set of sliding scales. These let developments with merely half as many affordable units as previously required obtain density bonuses—though relatively smaller ones—but then as the percentage of a ffordable units increases, potential density rapidly escalates. If there are 10 percent lower-income units the developer is entitled to a 20 percent density bonus, but for each additional l percent of lower-income units he or she gets an extra 1.5 percent of density bonus, up to a maximum bonus entitlement of 35 percent. Similarly, 5 percent very-low-income units earns a 20 percent density bonus, then for each additional 1 percent in such units there’s an extra 2.5 percent of density bonus, up to a maximu m 35 percent bonus. For condo projects (or planned unit developments), 10 percent moderate-income units gets a 5 percent density bonus, then each additional 1 percent in such units brings an extra 1 percent of density bonus, up to a maximum 35 percent bon us. 

Those formulas are paralleled by mechanistic sliding scales for the required number of other “incentives or concesssions.” A development with 10 percent lower-income, 5 percent very-low-income, or (in a condo) 10 percent moderate-income units gets one such goody. A project with 20 percent lower-income, 10 percent very-low-income, or (in a condo) 20 percent moderate-income units earns two incentives or concessions. A development with 30 percent lower-income, 15 percent very-low-income, or (in a condo) 30 percent moderate-income units gets three!  

So for developments whose proportions of lower-income or very-low-income units are at or near the previously applicable thresholds, SB 1818 boosts the density bonus from 25 percent to 35 percent—and the numb er of other incentives or concessions from one to two. Another prominent result is that whereas condo projects containing 20 percent moderate-income units but no lower-income units could formerly demand only a 10 percent density bonus (and one other incen tive or concession), they now seem entitled to a 15 percent bonus (plus two other incentives or concessions). 

Yet for what it recasts as “senior citizen housing developments,” the bill apparently reduces the density bonus, from the previous 25 percent down to 20 percent (without any sliding scale)—and even seems to omit any requirement for extra incentives or concessions. Go figure. 

SB 1818 deletes the important long-standing general language “or...provide other incentives of equivalent financial value....”  

For moderate-income units in condo projects, the bill abruptly deletes the formerly required 10-year period of continued affordability. Moderate income will now be required only of the initial buyer—who it seems can promptly turn around and resell the unit at market rate. The bill does say that upon resale a defined share of the appreciation shall be “recaptured” by the local government, for general use thereby “within three years” in promoting affordable housing. But during the bill’s review, this recapture provision was criticized as “administratively intensive” and costly. 

SB 1818 also adds provisions whereby under certain conditions an applicant can get a special density bonus by donating a substantial piece of land suitable for construction o f housing for very-low-income households. But this bonus plus all other density bonuses under Section 65915 can’t exceed a combined entitlement of 35 percent. 

The Upshot 

Swollen to some 3500 words, Section 65915 has become a dense and daunting legal thic ket with ample unclarities and some puzzling inconsistencies. At the Berkeley Planning Commission’s Oct. 13 meeting, Rhoades said that staff would analyze SB 1818 within the next 30 days and then report back. 

Commission chair Harry Pollack suggested it m ay also be timely to “tweak” Berkeley’s inclusionary ordinance, which actually requires five-or-more-unit developments to include affordable units. Whatever he may intend, the reference calls to mind an irony of what the League has called the state’s “one-size-fits-all” approach. Various Berkeyans have asked why this city’s commendably requiring affordable units should be “penalized” by its triggering the need, under Section 65915, to sacrifice cherished local standards. 

(Some have even turned the issue around by suggesting that where Berkeley’s inclusionary requirement amounts to the same as 65915’s affordability threshold, no density bonus is required. They’ve remarked that in such cases zero units would be allowed unless the local inclusionary units w ere provided—and that a 25 percent bonus over zero still equals zero.)  

Meanwhile some citizens have questioned the adequacy of the brand-new zoning provisions for University Avenue, which were painstakingly crafted with 65915’s former rules in mind, and with no general awareness of SB 1818’s potential impact. 

Section 65915 contains requirements for local implementing ordinances, and “legislative body approval of the means of compliance with this section.” Although the Zoning Ordinance’s skimpy Section 23C.12.050 tries to do something like that, its paraphrase of the state law is patently obsolete. And local critics have argued that the situation is needlessly worsened by the total lack in Berkeley’s commercial and high-intensity residential zones of an y dwelling-unit “density” standards on a parcel basis.  

Implementing 65915 may be quite costly for Berkeley, in many direct or indirect ways—from time spent redoing laws and procedures, to potentially granting incentives in the form of development-fee wa ivers, to potential impacts on infrastructure and neighborhood quality of life. In any case, the thorny basic issues involved seem urgent. SB 1818 will go into effect on Jan. 1.  

John English is a planner by profession, and has lived in Berkeley for most of his life. 

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Voters in the city of Albany, one of Alameda County’s smallest cities (18,000 population), will be asked to choose three City Councilmembers out of six candidates. All of the candidates are running at-large. 

Proposed development of Albany’s waterfront dominates the concerns of the six City Council candidates, with no other issue (including city finances) coming close. 

Richard Cross 

Cross is an attorney with more than 20 years experience in local government law and environmental law. “I’ve done almost everything you can do as a lawyer representing local government,” he said. He lists one endorsement: the National Organization for Women. 

While Cross said that “everybody talks about how the waterfront is an important issue,” he doesn’t think it’s as important “in the same way as everybody else. They are concerned about it being developed by various rapacious developers, but I don’t think there’s much chance of that happening with Measure C in place.” 

Cross said this law prevents waterfront development without voter approval. 

“What’s more important is for us to choose natural use and open space for that area,” he said. “The best place for commercial development—maybe the only place, from my point of view—would be along the freeway. I think that would be fine.” 

Cross also called for rezoning of San Pablo Avenue near the intersection of Solano Avenue to bring in “affordable housing that’s suitable for singles, couples, and young families. The kind of mixed use the city has supported in that area so far is two- and three-story condominiums for wealthy people.” Cross said that revitalizing that area depended on bringing in more people to live on San Pablo Avenue. 

Farid Javandel 

A registered Traffic Engineer and Civil Engineer and a member of Albany’s Traffic and Safety Commission, Javandel says that despite being the youngest candidate (at 34), “I’ve been an Albany resident longer than any other candidate than Jewel Okawachi, who has lived here her entire life.” 

He ran for City Council two years ago, losing by less than a percentage point. He is endorsed by the Albany Peace Officers Association, the Sierra Club, the Alameda County, Green Party, Citizens For The Albany Shoreline, and Congressmember Barbara Lee. Although none of the current City Council members have endorsed his candidacy, Javandel said, “They all signed my nomination papers. If they didn’t actually want me to serve, I don’t think they would have signed my papers.” 

Javendel called “intelligent planning” one of the key issues in the campaign, “particularly in specific locations such as the waterfront and UC village. Both of those are strong examples of the need for open space and parks. At the UC Village, we need to make sure that we don’t lose the baseball field for the Little League. At the waterfront there’s opportunities for park open space. Albany’s got very little in the way of parks for local neighborhoods. I’ve been hearing that we’re second or third densest in California. With that kind of density, it’s hard to have a lot of parks. So it’s an important issue to plan those sorts of things well.” 

Javandel said that one of the city’s biggest challenges is “weathering through the [current financial] storm without doing too much damage. I see the financial shortage as a short-term problem. As the economy turns around, the city’s revenue base will recover. As we’re responsible along the way, we’ll get back to a healthier economic environment.” 

Robert Lieber 

Lieber says, with a laugh, that his biggest qualification for City Council is that “basically, I’m a smart guy.” He also lists years of experience as a grassroot participant in politics since he was a child, including work in the anti-war movements stemming back to the Vietnam War. He is being supported by Congressmember Barbara Lee, the Sierra Club, the Democratic Party of Alameda County, the Green Party of Alameda County, Citizens for the Albany Shoreline, and the League of Conservation Voters, as well as by Albany School Board members Miriam Walden, Michael Barnes, and Sherri Moradi. 

Lieber sees the three most important issues in Albany as “saving our waterfront for a park,” “preventing massive development of malls in our city,” and “stopping any kind of casino gambling at all.” He said that the Magna Entertainment Corporation—which is proposing a 3,000 slot machine casino and shopping complex along the Albany waterfront—“is a company that has shown itself to be very unfriendly to Albany as a whole. On the one hand they say let’s get together and talk about how to have a really nice mall—that’s what the citizens want—but on the other hand they’re sponsoring Proposition 68, which would take all local control away from us if it passes. What I see is a corporation that is not talking to us in good faith.” Lieber said that in waterfront development, “I’m supporting the Sierra Plan that calls for about 15 percent development and 85 percent open space. The details of the exact type of development can be worked out, but we can’t work out those details if we give the land away.” 

Jewel Okawachi 

Okawachi has served on Albany City Council for one term, and is the only incumbent in the race. A lifelong Albany resident, she is a business owner of 27 years, has served on the city’s Parks and Recreation and Waterfront Committee, was a founding member of the Albany Education Foundation, and says that she is “active in support for the schools. I do a lot of other things with the city other than sit on City Council.” Okawachi said that she has “probably a couple of hundred endorsements from my Albany constituents. Those are the endorsements that I think are important, as far as I’m concerned.” She also lists endorsements by Assemblymember Loni Hancock, the Albany Peace Officers Association, and the National Organization for Women. 

“It seems that the waterfront is a big issue. Magna is going to be coming out with their plan for development. We haven’t seen that plan yet, but I would guess that it’s going to be a pretty big plan. I’m certainly not for a big plan. I am for some small development in the waterfront area that would bring some more revenue into the city. There are also some other development plans for the area, including one by the Sierra Club. We are going to have hearings on this issue, as we did before, and so the public will be able to look at all the plans and decide what they want.” 

Okawachi also said that improvements to the police and fire department were “also a big issue. It’s a matter of safety.”  

Brian Parker 

Parker is a marketing manager with IBM, and worked for 20 years as a city planner. He lists the Sierra Club, the Alameda County Democratic Party, and the League of Conservation Voters as his key endorsements. 

In his campaign literature, Parker lists three top priorities: “We need to stop [the] Golden Gate Fields plan for large scale development; I oppose Prop 68 and the proposed casino for Golden Gate Fields; and I support the Citizens for the Eastshore Park/Sierra Club Plan for more open space on the waterfront.” 

Alan Riffer 

Riffer recently retired as a financial manager and a Certified Public Accountant. He served on the Albany School Board from 1989 through 1996. “I deliberately did not ask for support from anyone who is outside of Albany,” he said. “Organizationally, I only have one endorsement: the Albany Peace Officers Association” He also lists endorsements by Mayor John Ely and Councilmembers Allan Maris and Peggy Thomsen, as well as School Board President David Farrell. 

“Maintaining city services in the face of the budget situation,” is the city’s top issue, Riffer said. “Albany’s always short of resources. Health benefits for employees go up double digits. Retirement costs are escalating. About two-thirds of the city’s general fund is wages and benefits. So the ability for a small city to attract and retain staff and pay them fairly, those kinds of budget decisions would be one of the issues.” 

Riffer also said that you “can’t seem to get anyone to talk about anything but the waterfront and Golden Gate Fields. We need to look at all the proposals and work with them. All of [the proposals] fall short, in my opinion. We’ll need to work with those proposals, and with the developer, and property owner and the environmental groups.” 

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UC Berkeley officials issued a statement of regret about a computer hacking that may have exposed the names and social security numbers of about 600,000 people. 

The state Department of Social Services announced Tuesday that they are investigating the hacking incident. UC officials said the breech occurred in early September. 

The database in question contained personal information about people who provide and receive in-home health care, including provider pay. UC officials said that a scholar from Connecticut College visiting at UC’s Institute of Industrial Relations was doing statistical analysis of home health care in California, and was accessing the database for her research project. The scholar was trying to determine how wage and benefit increases can improve the recruitment and retention of quality home-care workers. 

As soon as the matter was brought to the attention of the campus counsel he began to work closely with the appropriate state and federal authorities, including the FBI. Officials from the campus, Department of Social Services, the FBI and officials from Connecticut College met on Sept. 27 to address the security breach. 

Officials believe the security breach was related to linking a non-UC computer and non-UC server to the campus network system without taking proper precautions against intrusion. 

Anyone concerned that their personal information was in the database is encouraged to contact the state Department of Social Services for instructions on fraud protection. The department’s Web site is http://www.cdss.ca.gov/ihss, and their phone number is (866) 404-9214. 

An investigation into this incident has not yet determined whether any of the personal data was acquired. However, UC officials reported that the Department of Social Services has not gotten any information indicating that identity theft or misuse of the data has occurred, they added. 

Campus officials said that even one breach of its network is unacceptable. The campus works hard to avoid such incidents and regrets that this one occurred. 

The campus has been in the process of directing units to comply with new standards for security that will officially go into effect in the spring. At that time, individuals who fail to meet these standards will be denied access to the university’s network. For example, installing patches that block computer viruses and that address other security problems will be required. 

In the interim, campus network security officials will continue to scan campus systems for problems. Particular attention is being paid to databases with sensitive information. 

— Bay City News and wire reports 

The talk around town this week is that the sudden decision of Richard Word to resign his job as chief of police of big-city Oakland to take up the same position in little-city Vacaville is a terrible step down for Mr. Word and, therefore, a significant personal defeat. I don’t know. The assumption, here, is that bigger is always better, and that in order to demonstrate career progress, an Oakland executive must necessarily move on to places like Atlanta, Detroit, or Los Angeles, where national reputations can be made. In fact, not knowing the state of either Mr. Word’s mind or his heart, we can’t be sure that he doesn’t consider a transfer of responsibility from the 400,000 citizens of Oakland to the 90,000 citizens of Vacaville as nothing short of a breath of fresh air. 

But, then, that’s from Mr. Word’s point of view. 

From Oakland’s point of view, Mr. Word’s five year term as chief of police can be described in a few of words: Defeat. Significant mistakes. And, oh yes, failure. 

Let us, briefly, point out for whom, and why. 

Mr. Word’s selection shortly after the election of Jerry Brown as mayor of Oakland marked a significant defeat for the black political establishment of the city, from which that black political establishment has never fully recovered. Mr. Brown, you might remember, easily outpolled seven African-American opponents in a city where African-Americans are the largest population block (though not the majority) and where two black mayors had just ended long, consecutive tenures. (Mr. Brown, if you didn’t know, is white.) Mr. Brown, you also might remember, campaigned in 1998 partly on the platform of breaking up Oakland’s black political establishment (or you might not remember, since those ideas were talked about in the Wall Street Journal—interestingly enough—rather than in the Oakland Tribune). After Mr. Brown’s inaugural address, former Mayor Elihu Harris (who is African-American) said, a little acidly, “I don’t think [Jerry Brown] cares much about diversity,” voicing the black fears that Mr. Brown was going to sweep away the African-American gains of the past 20 years. And so, when Mr. Brown announced that he was firing (black) Oakland police chief Joseph Samuels, members of the black political establishment decided to oppose the new mayor and tried to keep Mr. Samuels on the job. 

Several things happened, at the gallop. The black political establishment lost, and Mr. Samuels was fired. Mr. Samuels turned out to be a bad chief who should have been fired, as we later learned after he took over the job of Richmond police chief and ran that position into the ground. Meanwhile Mr. Brown replaced the African-American Mr. Samuels with the African-American Mr. Word, completely undercutting the black leaders’ charge that Mr. Brown was anti-black. And if you haven’t heard much from what we used to call the “black political establishment” in Oakland, you might trace its decline and fall back to that incident. 

But did Mr. Word do much better in Oakland than Mr. Samuels would have done? 

Well, despite the fact of Vacaville City Manager David Van Kirk’s praises of Mr. Word as “a recognized national leader in the field of law enforcement … credited with developing many innovative police programs,” and Mr. Brown’s praise of Mr. Word as a “top-flight professional,” Mr. Word’s tenure in Oakland was actually marked by several significant failures by the organization he was leading: the Oakland Police Department. As its leader, its failures are his failures. 

How many failures, and how bad? You could talk about the Riders scandal, in which four police officers were arrested—arrested!—for allegedly assaulting citizens, planting evidence, falsifying police reports, lying on the witness stand, and stealing drugs and money from arrestees. The accused police officers say that they got the green light to “bend the law” from Mr. Word himself, who wanted the officers to clean up drug trafficking in West Oakland (that wasn’t one of the “innovative police programs” to which Mr. Van Kirk refers, we hope). Or you could talk about the $11 million police misconduct lawsuit settlement. In that legal action, brought by Oakland attorney John Burris, Oakland agreed to pay cash settlements to 119 plaintiffs because of police actions similar to the ones that got the Riders in trouble (the Riders were some of the police named in that lawsuit, but they weren’t the only police named in that lawsuit). In addition, the lawsuit forced the Oakland Police Department into a court-ordered monitoring program to make sure it lives up to a promise to reform its conduct.  

Significant mistakes? There was the time Chief Word diverted police from North Oakland in order to chase joyriders in East Oakland, thus causing North Oakland’s murder rate to triple. The police had to apologize to the North Oakland folk for that one. Or you could talk about the notorious April 2003 Port of Oakland debacle in which Oakland police fired tear gas and wooden dowels at unarmed antiwar protesters, or the earlier antiwar protest in which at least one Oakland police officer allegedly used his motorcycle to run over a protester. Mercy, mercy. The list goes on and on. 

But the biggest symbol of Mr. Word’s failure as Oakland police chief—in my mind, anyway—is how he presided over Oakland’s conflict with its black youth. That conflict was—and continues to be—marked by the city’s years-long attempt to shut down street sideshows, an effort that once cost the city a million dollars a year in police overtime. Two highlights—or lowlights—of that effort come to mind. One was the long-ignored comment by Mr. Word that the police “probably made a mistake” in driving the sideshows out of the parking lots—where they were bothering almost nobody—and onto the city’s streets, where they ended up bothering a whole lots of folks. Problem was, Mr. Word never corrected that mistake. The second lowlight was the aborted police effort to look for legal alternatives to the sideshows. At one point, the police department identified an experienced, nationally-recognized event organizer who was willing to build a legal sideshow venue, handle the insurance problems, take the legal responsibilities, and put up the necessary money to finance the effort. Implementing that idea would have solved Oakland’s sideshow problem. But the police sat on the plan, never presenting it to the general public, and it eventually died in obscurity. Why did that happen? Damned if I know for sure. But it was certainly a failure of Mr. Word’s leadership. Under him the Oakland Police Department foundered, drifting along without a clear sense of direction or purpose. Community policing is in a shambles and in many neighborhoods, police-citizen relations are almost nonexistent. 

In the end, Mr. Word’s failures are also Mayor Brown’s, who raised the chief up to his present position. Mr. Word was hired during that odd period in which the mayor was seeking out African-Americans who were prominent and successful in one field of work, in order to put them into positions where they were guaranteed to disappoint. And so, he tried to hire both Angela Davis and Maya Angelou to serve as Oakland’s chief librarian, presumably on the theory that someone who writes books ought to know where to put them on the shelves. Fortunately, both Ms. Davis and Ms. Angelou turned down the offers. Mr. Brown also offered the job of Parks and Recreation Department head to Harry Edwards, a man who had no previous experience in the running of either parks or recreation programs or, for that matter, running any type of program at all. Unfortunately Mr. Edwards accepted the position, and managed to live down to all our low expectations. 

So it was with Mr. Word, a man who might have made a good captain, but never demonstrated the qualifications for the challenges of being the top dog. He leaves us with a lot of work left to be done.?

28. Federal Judicial Branch 

After 9/11, the actions of the Bush Administration did not indicate that there are three equally important branches of the federal government: legislative, judicial, and executive. The money being spent by the DOD on Afghanistan and Iraq cut an enormous hole in the federal budget, as Bush loudly opposed any increase in corporate or high-income taxes.  

One problem with the budget for the judiciary is that judges are not in charge of how many cases are filed in the federal courts. That depends on how many are arrested for committing federal crimes, how many ask for jury trials, and how many civil lawsuits corporations and human beings decide to file. So the Bush cuts in all branches actually cut the judiciary very seriously. 

The judiciary’s portion of the federal budget is just .2 percent (2/10 of 1 percent). The cuts do not take into account increases in “fixed” costs, or increasing need for public defenders and legal service lawyers for litigants without money for lawyers in suits against gouging landlords and unscrupulous employers. 

Report 28.1 

Federal Budget Creates Crisis in the Judiciary (Nina Totenberg, “Morning Edition: Federal Courts Face Budgetary Crisis,” National Public Radio, Aug. 12, 2004.) 

F. The Government’s Duty to Report Violations to Congress and the U.N. 

The duty of Government to file reports did not begin with 9/11. It certainly did not end with 9/11, as new and old issues required actions by the federal Government and by state and local governments. 

29. To Report Through the Office of Inspector General 

In 1978, Congress passed the Office of Inspector General Act, establishing an OIG office in virtually every agency of the U.S. Government. Each OIG must investigate all complaints received and submit a report describing each complaint and the results of their investigation to the chairs and vice chairs of the House and Senate Judiciary Committees every six months.  

The OIG procedure was little known to the U.S. public, or the media, until two reports by OIGs hit page ones after 9/11. One OIG responded to complaints by inspecting jails in New York and New Jersey housing 9/11 detainees. 

Then the EPA OIG issued a report on the Government’s suppression of an EPA report on the dangers of working at Ground Zero.  

These reports led many people to start using the procedure of filing complaints with the OIG in working in their communities on their major complaints against Government action or inaction.  

This certainly opened up a new path that concerned residents can follow whenever they can find a link to a federal agency or to federal funding of a city or county government action. And it will work sometimes. 

Report 29.1 

Inspector General Finds Detained Aliens Physically Assaulted (Glenn A. Fine, “The September 11 Detainees: A Review of the Treatment of Aliens Held on Immigration Charges in Connection with the Investigation of the September 11 Attacks,” Office of the Inspector General, DOJ, April 2003.) 

Report 29.2 

Administration Suppresses EPA Reports on Ground Zero Damage (”EPA Covered up Deadly Ground Zero Air Problems,” Albion Monitor, Sept. 11, 2003.) 

30. To Make Periodic Reports Under U.N. Treaties 

The U.S. Government continued a policy after 9/11 of not filing reports required under treaties ratified by the U.S. at the same time the Government was demanding that other governments file the required reports under the Free Trade Area of the Americas (FTAA) Agreement and pushed hard for adoption of the Dominican Republic-Central American Free Trade Agreement (CAFTA). 

The reports are required by the three human rights treaties ratified by the U.S.: the International Covenant on Civil and Political Rights, the Convention Against Torture, and the Convention on Elimination of Racial Discrimination.  

Public dialogue on country reports is the method of enforcement of UN human rights treaties. It is called the Mobilization of Shame.  

The Second Reports under each treaty require city, county and state reports, which give community activists another path to insist on their local officials and police not violating human rights guarantees in the law. 

One city, Berkeley, Ca., did make reports under the first U.N. ratified treaty, with affirmative results. 

Report 30.1  

U.S. Delinquent in Filing Three Required Reports to the UN Cecil Williams, “U.S. Walks Out on Antiracist Conference: World’s People Demand Reparations for Slavery and Colonialism, Support Palestine,” International Action Center, Sept. 5, 2001.) 

Report 30.2 

U.S. Failing To Collect And Report at State and Local Levels (Associated Press, “Police Accused of Abusing Demonstrators,” Florida Alliance for Retired Americans, Nov. 26, 2003.) 

Report 30.3 

One City’s Commissions Made Required Reports to Department of State (Ellie Bluestein, “It’s Happening At Last,” Community Alliance, Dec. 2003.)  

This concludes the excerpts from 184 Reports on violations of human rights since 9/11 by U.S. Government officials, and the struggle to stop the violations by people across the U.S. 

Please use this information to convince your neighbors to think, and vote, on Nov. 2. 

And, whoever is elected, please use the facts and laws in this series to lobby your elected officials to stop the violations of human rights, to oppose new bad laws, to repeal the PATRIOT Act and other bad laws, and to start building a 21st Century climate of peace and human rights for all. 

And, in March 2005, look for the fat paperback, “Challenging U.S. Human Rights Violations Since 9/11,” filled with complete descriptions of all of the reports merely listed in these columns, and with history, forms, briefs, new ordinances, and texts of the laws discussed. 

Berkeley resident Ann Fagan Ginger is a lawyer, teacher, activist and the author of 24 books. She won a civil liberties case in front of the U.S. Supreme Court in 1959. She is the founder and executive director of the Meiklejohn Civil Liberties Institute, a Berkeley-based center for human rights and peace law. 

Reports excerpted from Challenging U.S. Human Rights Violations Since 9/11, edited by Ann Fagan Ginger (© 2004 Meiklejohn Civil Liberties Institute; Prometheus Books 2005). Readers can go to www.mcli.org for a complete listing of reports and sources, with web links. 

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Editors, Daily Planet: 

Recently, creeks issues have been a difficult and controversial issue for the City Council and the community. In addition to the hundreds of people that have testified before the City Council, my office has received over 350 emails, letters, and phone calls in the past six weeks.  

The City Council has taken an important first step in fixing the creeks ordinance by unanimously voting to eliminate the prohibition on rebuilding existing structures that are within 30 feet of a creek after a fire, earthquake, or any other disaster. This change has now been codified into law. 

However, there is still much work to be done. How do we define a creek? How should we best protect free flowing surface creeks? Should culverted creeks be protected? How do we determine the exact location and status of existing culverts? Where is it feasible to consider daylighting creeks that are currently in underground culverts?  

While there are differences of opinion on how best to move forward with this review, I have not heard any disagreement on the need to undertake this review and make changes. In an effort to move forward together in an inclusive and effective manner, Council Members Linda Maio and Mim Hawley joined me in proposing a compromise process for reviewing and amending the existing creeks ordinance. 

(You can read a complete version of this proposal on my website at: www.ci.berkeley.ca.us/mayor/PR/webrelease2004-1019.htm) 

Our recommendations include a temporary 13-member task force with appointments by each Council Member, and a Commissioner from the Planning, Public Works, Community Environmental Advisory, and Parks and Recreation Commissions. This Task Force will report to the Planning Commission before submitting proposals to Council. 

This task force will be required to complete its work within about 18 months. Our proposal includes two provisions that ensure the Task Force makes progress and meets deadlines. First, it requires that a work plan and budget be submitted by April of 2004. Second, the Council will adopt a provision that the current culvert protections in the Creeks Ordinance will be indefinitely suspended on May 1, 2006 unless the task force has provided its recommendations. In addition, the task force will be required to hold public meetings, take public comment, and provide notice of meetings just as the City Council or Planning Commission would.  

It is our hope that this proposal can be the basis of a good discussion that will help the Council and the community move forward together to address these difficult issues. 

Mayor Tom Bates

Retired Chief Dies in Venice 

Well-respected former Berkeley Fire Chief Chester Moller died Wednesday while touring Venice, Italy, with a group of current and retired firefighters, reports Acting Fire Chief David Orth. 

Born in San Francisco in 1912, Moller had been the oldest surviving former chief of the Berkeley department. He retired on Sept. 1, 1964 after seven years as the city’s top firefighter, Orth said. 

“He was very, very well liked,” Orth said. “He attended Chief Reginald Garcia’s retirement, and he was here for the 100th anniversary badge ceremonies. He was also quite active in various firefighters’ organizations around the state.” 

Among his survivors is daughter Sandy Englund, who has served as secretary to several Berkeley city managers. 

Services were still pending at press time. 

New Station Groundbreaking 

Chief Orth invited the public to attend this Saturday’s groundbreaking for the city’s newest fire station at 3000 Shasta Road, just off Grizzly Peak Road in the Berkeley Hills. 

Ceremonies will be held from 1 to 3 p.m. 

The 6,920 square-foot station will provide additional protection to the fire-prone hills area and will house two full-size and two smaller engines. 

Crews Battle Freeway Fire  

Berkeley firefighters were summoned to battle a blaze on Interstate-80 at the University Avenue exit early Sunday after a tractor with two trailers crashed and burned on the freeway. 

Chief Orth said the accident was originally reported at 5:01 a.m. by a cell phone user who called 911, which is answered by the Highway Patrol, and mistakenly said the fire was in Albany. 

Albany firefighters arrived and quickly ran out of water before the blaze could be extinguished. They then called for help from Berkeley, which sent a ladder truck and three engines to supply additional water. 

The fire, ignited by a ruptured tank underneath the cab, destroyed the tractor and one of the two plywood-lined Fiberglas trailers. No one was injured in the incident. 

Southbound traffic was closed for nearly two hours, causing a jam that stretched back to Vallejo. Two lanes were opened at 6:45 a.m., and traffic flow was fully restored after firefighters finally left the scene at 8 a.m.

Armed Duo Cops Cash 

A pair of gun-toting baddies confronted a civilian outside Lee’s Market at 2700 Martin Luther King Jr. Way at 12:39 a.m. on Tuesday, Oct., 14, demanding money. 

Having received same, they boogied. 

Gang of Four Scores Cellular 

A hapless pedestrian was relieved of his cell phone by a gang of four robbers near the corner of Hearst Avenue and Sacramento Street just after 5 p.m. on the 14th. 

The threat of an unseen gun was enough to convince their victim to surrender to their demand. 

BART Lot Purse Snatch 

A strongarm artist grabbed the purse of a woman walking through the east parking lot of the Ashby BART station shortly before 7 p.m. on the 14th. 

Freeway Shooting Probed 

A troubled San Pablo man rushed into the Berkeley Police Station just before 2 a.m. on the 15th to report that he’d been shot at while driving along Interstate-80 on the University Avenue overpass. 

Investigating officers found immediate verification in the bullet holes newly ventilating his vehicle. 

The driver told officers he was fired on by one of three occupants of a white Acura two-door sedan. The incident is still under investigation, said Berkeley Police Officer Steve Rego. 

Robbery by Intimidation 

A scruffy-looking fellow waited patiently in line at the Mechanics Bank branch at Shattuck Avenue and Bancroft Way just before 10:30 a.m. Saturday. 

When he reached the teller, his intimidating demand for cash was sufficient to enforce compliance. 

He was last seen beating the pavement northbound along Shattuck, police said. 

Hooded Gunman Robs Driver 

A man in a black hooded sweatshirt approached the driver in a car on San Luis Road near the corner of Arlington Avenue about 1:30 p.m. Saturday. He departed with a red satchel containing her wallet and other items, said Officer Rego. 

Scissors Stabber Grabbed 

After a disturbed homeless man stabbed him with a pair of scissors near the corner of Telegraph Avenue and Haste Street early last Sunday afternoon, the victim and an eyewitness chased down the 39-year-old suspect and held him down until police could escort him to new quarters devoid of sharp and cutting things. 

The victim received only minor injuries, said Officer Rego. 

Barefoot Butt Booster 

A barefoot bandit, desperate for a smoke, strong-armed a pack of butts away from a hapless pedestrian walking along Shattuck Square at University Avenue just after 5:30 p.m. last Sunday. 

He was last seen bounding eastbound along University. 

Surly Book Booster 

A man with a thirst to read and an apparent shortage of cash helped himself to a bagful of books at the Barnes and Noble outlet at 2352 Shattuck Ave. around 4:30 p.m. Tuesday. 

When a store employee followed him out the door, the book-booster’s surly threat turned a mere shoplift into a robbery. 

Police are still seeking the avid reader, described at a white male in his 50s wearing gray shorts and a black jacket. 

Gunman Hits Smog Pros 

A bandit stormed in Smog Pros at 3000 Shattuck Ave. just after 7 p.m. Wednesday, flashed the pistol he was carrying beneath his jacket and demanded cash. He was last seen fleeing on foot.Ã

SCHOOL FUNDING 

Editors, Daily Planet: 

I am writing on behalf of the Board of Directors of the Berkeley Public Education Foundation, which has voted unanimously to support Measure B. 

California is more diverse than any state in the union—yet for 30 years we have stubbornly stayed at the bottom in funding our schools to teach all students well. We are 45th in the nation in per-student spending, dead last for school libraries, and $22 per student for textbooks. 

Since 1986, Berkeley has risen above this sorry state. The Berkeley Schools Excellence project (BSEP), a tax based on square-footage for homes and business properties, adds $10 million each year—10 percent of the School District’s budget—to fund specific priorities including smaller classes, books, and music instruction. 

In recent years, however, the will of Berkeley voters—more than 80 percent of whom have supported BSEP every time it’s on the ballot—has been thwarted. Skyrocketing costs and devastating state cuts have enlarged our class sizes and forced painful cuts everywhere. 

Measure B is a two-year emergency response to the educational needs of today’s students and teachers. Its governance is based on BSEP which, with its specific direction for use of funds and its duly elected Planning and Oversight Committee, stands as a model of responsible fiscal management. 

We commend our School Board Directors for their leadership in presenting us with the choice between watching our schools fail because of forces outside our control, or once again coming together as a community to provide all our children with a decent education. 

Trina Ostrander  

Executive Director, 

Berkeley Public Education Foundation  

• 

DERBY STREET 

Editors, Daily Planet: 

“If you don’t think that the city should donate Derby Street to BUSD to build a ball field for varsity athletes, should you vote against funding measures, and if so, for city or school district? It’s confusing.” And made more so by the editor of this newspaper when no councilmembers, school board members, school or city staff or any organized sports group I am aware of is suggesting the city donate anything to BUSD to develop a ball field at this location. Is there a source for this idea or just something the editor made up to sell newspapers? 

Doug Fielding 

Chairperson, Association of Sports Field Users  

• 

FREE SPEECH 

Editors, Daily Planet: 

The coverage of the week of FSM events last week—before, during, and after the event—was wonderful, and the planning committee thanks all of you, especially Richard Brenneman, for their good work. This hometown icon of free speech was well served by our terrific hometown newspaper. 

Joan Levinson, for the FSM Planning Committee 

• 

MENTAL HEALTH  

Editors, Daily Planet: 

Concerning Proposition 63; There may be hundreds of misrepresentations by those who want their opinions in print. You’ve heard the expression “opinions are like assholes‚ everyone has one”? I particularly refer to those who forward insensitive, probably unread, mail on the Internet. 

Investigation of the other side of an opinion (in other words, keeping an open mind) is usually not considered.  

I’ve been interested in mental health since age 20 when I was hospitalized as manic-depressive. Fortunately, I had excellent care and recovered. 

Never having been asked for money as with other diseases, I’m disturbed by arguments against Prop 63 which could provide a portion of money necessary to help repair the contributors of physical disease, as well as our minds. Please consider the vets, your neighbors and family who suffer mentally—then dig deep in your hearts and pockets for them, as well as the National Alliance for Mental Health. While you’re at it, vote YES on Prop 63. 

Joy A. Flaherty 

• 

ELECTION READING 

Editors, Daily Planet: 

If you would like to read about fraud and deception on the California electorate with respect to some of the state propositions on the Nov. 2 ballot, read the joint letters to the California Secretary of State and the Contra Costa County election officer dated Oct. 1, 4 and the Oct. 6 letter to said election officer. 

For example, Sec. 19(f), Art. IV of the California Constitution authorizes the governor to negotiate and conclude Tribal-State gaming compacts. The governor is the person designated as a matter of law. At present there is no such person in office and that creates a real problem with respect to propositions 68 and 70 on the Nov. 2 ballot, both of which deal with time limits with respect to amendment of existing compacts. 

With respect to Proposition 68, under present circumstances it is impossible for the Indian tribes to know with whom to negotiate within 90-day period set forth in that proposition. The lieutenant governor is a possibility except for the fact that there is proof that Gray Davis was improperly recalled. Also, it is impossible for Indian tribes to know with whom to negotiate with respect to the 30-day provision in Proposition 70. For this and other reasons the demand was made to remove said Provisions from the Nov. 2 ballot. 

In the aforementioned letters you can also read about fraud and deceit with respect to propositions 1A, 60A, 66 and 69. 

Raymond Hawkins  

Kensing 

• 

CANDIDATE FORUM 

Editors, Daily Planet: 

Recently at a candidates’ forum, the choice for District 3 was made abundantly clear. Max Anderson is clearly the right choice.  

Here’s what happened: While Max Anderson was listening to and answering questions, his opponent, Laura Menard exhibited behavior common in adolescents. Max’s intelligent and thoughtful answers showed he knows the issues, has more experience than his opponent, and wants to include a broad range of residents in his decision-making process. When it was Laura Menard’s turn to answer questions, Max listened attentively to what she had to say.  

In stark contrast, when it was Max’s turn to speak, what did Laura do? She giggled and held side conversations with her supporters. She did anything but listen. It was quite disruptive. Does Laura think she knows all the answers? Or is she simply rude and disrespectful? The display of rudeness was offensive and appalling. It reflects a lack of respect and concern for her potential constituents.  

Before attending this forum, I barely knew either candidate. But I sure learned a lot from their behavior. One of them is respectful toward others, even if their views might be different than his. The other candidate apparently doesn’t care to listen to differing opinions or views; only to opinions and views that are similar to her own.  

Now, if you live in District 3, who would you want representing you? Someone who listens? Or someone who will shut you out? Someone who will address your concerns, or someone who will only address concerns she shares? What if your concerns are not the same as Laura’s?  

We’ve had quite a few years in South Berkeley of no one listening to our concerns. It’s time for us to be represented by someone who listens. Let’s not waste any votes or the next four years on someone who won’t listen. I learned many important reasons to vote for Max, but this one stuck out above all the rest. 

Marcy Greenhut 

• 

BROWER LEGACY 

Editors, Daily Planet: 

I am writing in support of the Spaceship Earth Memorial to David Brower.  

This stone and bronze sculpture will enhance the proposed location at the Berkeley Marina. It will encourage tourists and visitors to the area.  

As a member of Earth Island Institute, I became aware of the project when the sculptor, Eino, met with David, members of his family and leaders of Earth Island Institute in the year 2000. All gave their enthusiastic support. A private donor also met with David and his family, and agreed to underwrite the cost of the monument, as well as the site preparation and development. The sculpture is being donated to the City of Berkeley as a gift. 

David Brower was born in Berkeley. He had a profound impact on creating numerous national parks and seashores, preserving millions of acres of America’s wild lands for future generations, and raising world consciousness about the fragility of our ecosystem. Through this unique sculpture David Brower’s message will be carried to this and future generations. 

I foresee that the Berkeley community will be proud to have this monument to David Brower on the proposed site. 

The pieces of precision-cut stone used to create the globe are remarkable because of their blue color, which resembles the earth as seen from outer space. This stone and the bronze figure of David Brower reaching protectively over the globe reminds us of his words: “We are all together on spaceship earth. There are no connecting flights, no stops, infinite destinations, and no passengers—only crew.” 

I hope the Berkeley community embraces the opportunity to leave a lasting legacy to the internationally acclaimed environmentalist David Brower. 

Sheila Maxwell 

• 

FUTURE DOWNTOWN 

Editors, Daily Planet: 

I always enjoy your editorials, agreeing with some points, not with others. However, “Sending a Message to Officialdom” (Daily Planet, Oct. 12-14) has a glaring error, and I would like to set the record straight. 

You stated that the Economic Development Department was responsible for axing Edy’s Ice Cream Parlor. Not true. The Edy’s I loved when I went to Berkeley High School and afterwards had long-departed years before the Eddie Bauer proposal came on the scene. There were other owners that had taken it over, changed it from a wonderful ice cream parlor to an aging sandwich shop, and couldn’t make a go of it. Finally the very last owner went out of business before the Eddie Bauer store deal was finalized. The agent for the building’s owner offered this last owner another location in the Downtown, but he refused saying he didn’t have the customers and sadly didn’t know where he would find them. If the real, beloved Edy’s had been around, I would have moved heaven and earth for it to stay at their original corner location, and Eddie Bauer would have had to wrap around it. 

This whole issue shows how hard it is to attract retail to a struggling downtown. A few stores like Eddie Bauer were willing to take a chance on an historic downtown instead of a mall surrounded with loads of free parking. However, no one anticipated the economic downturn that closed retail outlets and placed a greater reliance on Internet sales for which the city receives no sales tax revenue. 

I hope that you keep raising issues about development in Berkeley. There are few to none willing to stand up and say the time has come to take a good, hard look at where this city is headed. It seems much too dense to me and that the conversation about our future has been delayed for far too long. It isn’t good for our neighborhoods, or for our economic future.  

Shirley Dean 

• 

HOMELAND HEALTH 

Editors, Daily Planet: 

There’s more to “homeland security” than invoking patriot acts‚ and swaggering across the globe wreaking havoc in the name of freedom. 

The systemic problems involved in the production of the flu vaccine found by the BMHA (British Medicines and Healthcare products Regulatory Agency) at the Chiron plant are a case in point and indicative of our current administration’s broken philosophy regarding healthcare. Not only does this debacle reflect on the Bush-Cheney laissez-faire approach to healthcare, but it illustrates their visceral lack of concern for the American people. The very least they could have done was to ensure that the high priority patients were, in fact, given such access to the limited supply of vaccine now available.  

Instead, what we now have is virtual bedlam. Just locating a place that is administering the shot is like trying to find the proverbial needle in the haystack. There is virtually no centralized listing anywhere helping those in most critical need of the inoculation locate a nearby store or medical facility where the vaccine is available. Yesterday, at a Safeway in Alameda, there were 500 people lined up at nine in the morning to the tune of 200 available flu shots!  

The government has an obligation to make sure that clinics dealing with high risk patients have the vaccine on hand before it is served up to anyone at our supermarkets. But most clinics don’t have the buying power of these mega-corporations and have been “outbid” for the meager supply of the vaccine. Apparently, this president and his cronies are content, once again, to let “market forces” rule the day—as if we were talking toothpaste or cereal here. After all, they probably have received their “high priority” vaccinations. Unfortunately they are inoculated not only against the flu, but against any credible concern for the well being of the American people. After all, homeland security starts with homeland health! 

Marc Winokur 

Oakland  

• 

HILLSIDE CLUB 

Editors, Daily Planet: 

When Mrs. Maybeck, Mrs. Keeler, and other women founded Berkeley’s Hillside Club in 1898 they hoped to encourage a creative integration of manmade and natural environments. Nobody could ever have been more sensitive to preserving trees, creeks and hillsides than these women and their husbands. As Berkeley grew, they envisioned a city that would resemble an Italian hill town—streets would curve to accommodate the natural terrain and houses would be sited and designed as integral parts of the landscape. The city wisely followed their lead. For example, in laying out our streets, a section of Le Roy Avenue was divided to preserve what has come to be called Annie’s (Mrs. Maybeck’s) Oak: now a City of Berkeley landmark. 

Much of Berkeley’s beauty and charm comes from the legacy of the Hillside Club. Berkeley’s cookie cutter, one size fits all approach to legislating a building’s relationship to an urban creek seems more appropriate to the shopping mall or development tract than to our very beautiful hill town. The fact that in Berkeley today Frank Lloyd Wright would be denied a permit to build the Kaufmann House, Fallingwater, should encourage us to think more carefully about the wording of our creek ordinance. Berkeley should have guidelines for development near waterways. But an ordinance that respects the natural environment, the built environment and the spirit of man’s creativity should have flexibility. It should welcome creative, well engineered, and well-designed projects that define their own relationship to their unique settings. 

Robert Kehlmann  

• 

ROSE/ HEMPHILL 

Editors, Daily Planet: 

As a teacher in the Berkeley Schools for the last 18 years, I strongly urge people to vote for Kalima Rose and Karen Hemphill for the Berkeley School Board. The Berkeley Teacher’s Union (BFT) has endorsed Kalima and Karen.  

After listening to a couple of presidential debates and a couple of school board debates, I am left with a sense of Alice in Wonderland-ness. It seems that people can say whatever they want and because of the constraints of the debate there is no way to challenge the truth of what anyone is saying! I mention the debates because we have heard many statements from the incumbents that are just not true. We in the district have not been able to change the state of education in this city. The children who are poor, and/or of color still do not succeed. The high school is perhaps more separate and unequal than before (certainly not less). There are serious problems of violence and disengagement at the middle schools. At all levels school teachers are struggling to meet their children’s academic needs, be their advocates in times of crisis and generally help them to cope with a world which at best ignores them and at worst purposely blocks their progress. 

Kalima and Karen will bring a welcome presence to the Berkeley schools. They understand the issues, not only because they are parents in the school system, but also because they are thoughtful, intelligent people who ask questions and listen to the answers. They are part of a movement to transform our schools beyond test scores and beyond rhetoric by looking at the realities of the children, their families and communities, at the data and research that we have so much of and don’t use. Perhaps no one here has maliciously placed our children at such risk, but it is time to step away from business as usual and bring onto the board and into our system, two people who recognize the urgency of the situation and give us hope that we can do better. We need to start uniting around specific issues that we have carefully analyzed. We need to act, with the scary understanding that it is not going to be safe or easy. We know that many of our students are at severe risk of failure. They are beautiful, they are smart, they are full of energy, they are deep and wise and hurt and angry and black and brown, and many of them will not make it. On their behalf all of us need to vote for Kalima Rose and Karen Hemphill and to be there after they win to support them in supporting our children. 

Liz Fuentes  

• 

NO NEW TAXES 

Editors, Daily Planet: 

I’ve always found it amusing that the City of Berkeley uses a segment of a mural featuring the facial features of four men as its unofficial logo, a rather sexist image for this liberal bastion. However, if the city’s mural now on national tour is worth a reported million dollars, perhaps its sale could be a nice chunk of change for this city’s own artfully designed budget coffers. Sadly its sale would still not alleviate the burden the city’s power elite thirsts to place on the backs of working and retired residents with their bold brush strokes of new tax measures in the upcoming election. But who cares. At least they have fashioned them under a banner of library books and ambulances. Indeed, the city power structure might think about marketing its skill of financial irresponsibility with Bush and his puppeteers in Washington. 

Bruce McMurray  

• 

BUSH’S RECORD 

Editors, Daily Planet: 

The majority of white evangelical Christians are supporting President Bush for re-election because they feel that he is a good Christian. What is so good about this president being a Christian when he wants to drill oil on the Arctic National Wildlife in Alaska, which is home of the G’wish people? What is so good about him being a Christian when he wants to store nuclear waste at Yucca Mountain in Nevada, which is home of the Western Shoshone people? 

What is so good about this president being a Christian when he wants to relax both the “Clean Water Act” and “Clean Air Act” which preserve both clean water and clean air around the country? His actions will result in both dirty water and dirty air around the country. Finally, what is so good about this president being a Christian when he put in a segregationist judge, Charles Pickering to the 5th Circuit Court, which covers Texas, Louisiana, and Mississippi? 

In conclusion, when the majority of white evangelical Christians are supporting President Bush for re-election because they feel he is a good Christian, it doesn’t surprise me. These same white evangelical Christians had been using their religion to commit violent acts against other people who don’t share their belief. They are following the path their ancestors did against American Indians for more than 500 years ago. 

Billy Trice,  

Oakland  

• 

UNFAIR ORDINANCE 

Editors, Daily Planet: 

As I read the comments in the paper, the emails and attend the meetings, I am struck by the attempts to legitimize an illegitimate creek ordinance. One that was passed without proper notice to the stakeholders (those of us who are stewards of the creeks as they cross our private property). 

The Creek Ordinance should be rescinded with respect to private property. The Planning Department and Commission can then re-consider the issues affecting the city, its creeks and the citizens. The Planning Director has proposed a phased approach to re-consideration to that sounds fair and reasonable. That work, completed under the oversight of the Planning Commission, would allow the creation of a creeks ordinance that permits all interested parties to participate. 

Among other outcomes, such a process allows a full and fair evaluation of the city’s waterways, including the cost to maintain them. 

Mischa Lorraine 

• 

DUGAR FOR SELAWSKY  

Editors, Daily Planet: 

I told myself that I was going to stay a neutral party during this year’s school board race as only one candidate truly amazes me. But after reading your article “Incumbents Face Stiff Challenge In School Board Race” by J. Douglas Allen-Taylor (Oct. 15-18) I know I just can’t do that. The school board is single handedly the most important elected position that our citizens elect. It is a position that directly effects the youth of our community for at least the next 50 years.  

The thought of Karen Hemphill on the school board terrifies me. I have sat down with her several times to try and convince myself that she is what is needed on the board. But I cannot and will not vote for someone just because they are black. Karen has values and thoughts that change like the wind.  

While we are faced with the lesser of several evils I had to voice my opinion and let the world know that I am endorsing and voting for Kalima Rose and John Selawsky.  

With Berkeley High School headed towards small schools we need a board member who is truly involved and dedicated to small schools and seeing them further develop into a tool that can be utilized by all races and classes of students. Kalima Rose is that person. 

While I have not agreed with a lot of what John Selawsky has done on the board, we know where he stands. We know what positions we must place pressure on him to support. We know that he is someone who is visible in the schools and in the community. He brings to the board the views and values of the Green Party, which in “progressive Berkeley,” are needed to bring a sense of ideas from all sides.  

Finally I will not be voting for Karen Hemphill because, if we are going to be asked to elect someone to the school board because we need a person of color on the board let’s make sure that they represent our black staff. Let’s make sure that they have met with the black teachers who feel they are not represented by the BFT.  

If we are going ahead with small schools we need someone on the board who is not wishy-washy on small schools.  

Finally I am not voting for Karen Hemphill because our community cannot afford to have someone we cannot trust on board. 

Sean Dugar 

Former Chair, City of Berkeley Youth Commission 

Las Vegas, NV 

• 

CALL FOR REVISION 

Editors, Daily Planet: 

As a concerned citizen and property owner in Berkeley who very much cares about the community and the environment in which it is situated, I would like to see the Berkeley Creek Ordinance revisited and revised. 

I would like to see this revision reflect the best science and ecological knowledge available to preserve and responsibly maintain our creeks and the habitat they support. I do not believe that this kind of considered, intelligent stewardship should be a threat to our own properties as has been so misleadingly suggested by certain council members but, on the contrary, it would best preserve and maintain them as well. 

To this end, I want to see an independent commission formed that would utilize the most knowledgeable and dedicated talent we have. The Berkeley Planning Commission does not have the full range of expertise or the overall breadth and depth of perspective to meet this end. 

Christine Walter  

• 

NEW CREEK ORDINANCE 

Editors, Daily Planet: 

I am writing about our existing Creeks Ordinance and the need to update it. Such update should be handled through an independent city-wide task force that includes stakeholders from all the interested and affected members of our community. 

Clearly, the Planning Commission has neither the expertise nor the credibility to shepherd this process. 

Please then appoint an independent task force to revisit and update our Creeks Ordinance. 

An observation—Councilmember Wozniak has unnecessarily inflamed this discussion by intentionally distorting the positions of others. It makes civil discourse that much more difficult when someone in his position resorts to misrepresentation. Most of us are involved in this issue because we hope to shape a good outcome for the city and not because we have hidden personal agendas, as apparently does Councilmember Wozniak. Would that he could rise to the occasion. 

John Murcko, Esq. 

• 

PUBLIC ENDORSEMENT 

Editors, Daily Planet: 

I was surprised and disappointed to read of Kalima Rose’s unfair and inaccurate criticism of School Board member John Selawsky (Daily Planet, Oct. 15-18.) 

When Kalima called me to see if I would be an endorser of her campaign in the ballot handbook, I told her that I thought Selawsky had done an outstanding job. She told me that she agreed with my assessment and that Selawsky was supportive of her running. I publicly endorsed Kalima because I thought she would be an excellent replacement for incumbent Joaquin Rivera, giving Selawsky another strong ally on the Board. 

Kalima’s attempt to blame John Selawsky for budget problems that preceded his tenure and whose responsibility lies at the state and federal levels is simply wrong. To the contrary, John has done everything in his power to keep our school system afloat in the face of drastic funding cuts to the district. 

I saw John Selawsky’s commitment to kids firsthand when our children were both at Oxford School, and I have closely followed his work at the School Board. His dedication to the children of Berkeley is unsurpassed, and we should feel grateful that John has been willing to put in so many hours in what in these budget times has truly become a thankless job. 

In the School Board race, voters can select two candidates. John Selawsky should be every voter’s first choice. 

Randy Shaw  

• 

DISTRICT 3 CHANGES 

Editors, Daily Planet: 

As a District 3 resident and new homeowner, and long-time Berkeley citizen, it is truly disappointing to see City Council District 3 candidate Laura Menard attempt to make activities of the homeless and poor at Berkeley Drop-In Center an election issue this year. Once again a conservative running for the council is drumming up animosity toward those most vulnerable--for political gain.  

This is reminiscent of the “bad old days” of former mayor Shirley Dean’s ugly 1998 campaign where the Telegraph Avenue homeless were targeted and arrested in large numbers because it was politically popular to do so—and win. Shame on Menard for stooping to these tactics.  

District 3 is by any stretch of the imagination going through changes. A long-standing African American neighborhood, anyone can see that gentrification is quickly resulting in the sale of many homes of black families who have lived in the community for generations to white families. On our block at least three houses were sold in 2003/04, ALL to young white couples. As one of those couples, we bought our home from an African-American family who had owned it since 1944—sixty years. 

With all of the change this district faces, it is truly a time for careful listening by any District 3 City Council candidate. Listening to long-time residents, listening to lower-income people struggling to stay here in the face of higher and higher costs of living, listening to the plurality of all who make up this area now. From this deep listening a candidate might develop a positive and inclusive vision for moving the district forward in its present context.  

Yet, with all due respect, when Menard came to our house precinct walking, she spent nearly 30 minutes talking AT US about her views. She had many opinions (she said she had lived in District 3 a long time) but never took the time to LISTEN to our concerns, or thoughts, or to get a sense of how we viewed the neighborhood. Instead, she went quickly to her agenda: the need to close the Berkeley Drop-In Center, arrest the dealers and criminals, and implied, more or less sweep the unsightly poor out of the area. She voiced her belief that the neighborhood had for too long been a dumping ground for special needs populations—without exploring our views on homelessness and poverty. She even referred to those who supported Tom Bates (ourselves!) as the “Bates Machine.”  

Prior to Menard’s visit, I had not given a lot of thought to whom to support for District 3’s council seat, and felt truly quite open to learning about the candidates. But afterward I felt genuinely AFRAID. Not afraid of the drug dealers, or of the homeless and poor who are active in the Berkeley Drop-In Center...I was afraid of what might happen to District 3 if someone like Laura Menard actually won. I was appalled by her political opportunism in attempting to appeal to the fears of home owners (myself included) and by her inability to listen at a time so filled with change for this neighborhood. Laura Menard would be a truly frightening choice as District 3 City Council Person.  

Sally Hindman  

• 

TEST SCORE PROGRESS 

Editors, Daily Planet: 

On behalf of the progress and the wonderful work made by our students and staff, I am compelled to respond to the article by J. Douglas Allan-Taylor (Daily Planet, Oct. 15-18) regarding the school board race. Mr. Allan-Taylor asserts that my statement at a recent forum that African American and Latino students have made “humongous progress” in test scores is an exaggeration. At the forum, I clearly indicated that I was referring to the growth at our elementary schools over a five-year period (1999, the year the state started its accountability system, to 2003, the last year for which we have disaggregated data); Mr. Allan-Taylor misleadingly uses only the last two years of data to refute my claim. The data from 1999-2003 show that the test scores of African American, Hispanic and socio-economically disadvantaged students have increased at a faster rate than those of their white and Asian counterparts at almost every elementary school in the district. In most cases the growth for these three groups has been more than 100 points, and in some schools more than 200 points. As I stated at the forum, this proves that we are in fact closing the achievement gap. 

Although the term “humongous” can be open for interpretation, minimizing this growth is a disservice to the students that have made measurable progress and to the hardworking teachers that have helped in this accomplishment. I urge the readers and Mr. Allan-Taylor to look at this data that is available at the California Department of Education web site, the district office or by contacting me at jrivera2004@pac 

bell.net. 

Despite this progress, the challenge to eliminate the achievement gap remains. Now that the board has balanced the district’s budget and strengthened our financial systems I am looking forward to our focus, once again, on improving student achievement. We must expand the successful programs that we have implemented at the elementary schools to the middle and high schools. I wholeheartedly pledge to continue working hard, as I have done during my tenure on the board, to improve the achievement of all students and to bring the scores of all students to a higher, equal level. 

Joaquín J. Rivera, School Board Director  

• 

LIBRARY MEASURE 

Editors, Daily Planet: 

I read David Wilson’s and Dean Metzger’s letter on Measure L with great astonishment. How can these two men continue to attempt to misinform the community about the city’s audit of the Berkeley Public Library after the City Auditor told them clearly and specifically that their statements were wrong?  

The Library Board has managed the library carefully and well. Berkeley has one of the finest public libraries in all of California. When the renovated library opened in 2002, the Library Board did not request one additional cent to run a building twice the size of the old library. They maximized their resources in order to be responsible to the public. Now, statewide economic problems have forced them to cut Sunday hours, evening hours and to reduce the book budget. Measure L would restore the hours and the book budget at the cost of $41 to the average taxpayer.  

If Mr. Metzger and Mr. Wilson are concerned about increases in taxes, let them argue that. But to continue to provide misinformation, to continue to use what they have been informed is false, is not in the best interests of the voters of Berkeley. 

Marian Drabkin  

• 

PUBLIC INVOLVEMENT 

Editors, Daily Planet: 

The creek advocacy groups in Berkeley have in the past plied that advocacy quietly, if not secretively, with little public awareness or involvement. There can be no doubt, however, that they have useful contributions to make to the city’s further planning about creeks, in terms of knowledge, resources, and helpful contacts. The Planning Commission will be free ask for those contributions in open, public meetings, where they may be heard and considered by all interested parties—especially by the homeowners of creek properties who ultimately must be, as they are now, the custodians of the creeks. The Planning Commission 

should be the venue of this open process. The City Council will decide this at the 10/19 meeting. Be there.  

Jerry Landis  

• 

NO ON MEASURE B 

Editors, Daily Planet:  

I’m opposed to Measure B, because it’s seems like a bait and switch tax measure. 

We give the school system more and more money, but the programs, such as small class size, libraries, music, etc. never have a net gain. Instead, the school system just cuts the money it now uses to fund libraries and small class size, and uses that money for something else, like $30,000 a year pay raises for administrators. And then they come back and say, the schools need more money. 

This type of bait and switch happened with the lottery. We were told that the money would go for education. Well, the lottery money went for education, but the legislature used their general fund money which used to go for education, for something else, so education never really had any real benefit. 

Class sizes in Berkeley have increased because the school district has cut its contribution for small class size, libraries, and other programs.  

Right now our current extra school taxes pay for almost 17 percent of all teacher salaries, and even so class sizes are large because the school system has used their share of the general fund money to pay for things like the food service director a six figure salary and paying the $3 million dollars of budget deficit in food services she keeps creating. 

I don’t want to vote for Measure B, which will double our school taxes, and end up with nothing improved. For even higher taxes for the Berkeley school system I want to know that the Berkeley school district guarantees to maintain its share of the funding for class size reduction, and libraries and music. How many more teachers will be hired with higher taxes? What is the guaranteed class size? How much music will students get? 

The school district needs to rewrite Measure B and answer these questions. Include elected parent and teacher participation and oversight in budget decisions at all levels. Get rid of the cut for overhead. And include a guarantee of no bait and switch. Until then, vote No on Measure B. 

Peter Dumas  

• 

BART ALTERNATIVES 

Editors, Daily Planet:  

The recent article titled “Commute looks bleak minus BART” poses an impossibility to supposedly make the point for voting to support the current BART bond issue on the ballot. 

The article disregards the ability of buses to take up the slack by using HOV lanes. Before BART, AC Transit was carrying 58 percent of the peak hour passengers on the Bay Bridge with 300 buses per hour that were traveling 12 seconds apart, using 1/5th of a lane. (Lane capacity is 1500 to 1800 vehicles per hour.) 

This article also overlooks the possibility of spontaneous carpools forming everywhere with people holding up signs showing their destinations and offering to pay. 

I believe other studies have shown that BART has had minimal impact on freeway traffic in general. 

All this disregards the benefit of the many Tranportation Systems Management (TSM) alternatives which would have major impacts on traffic congestion: 

One study by Vince Desimone of the use of a four-day week, with staggered weekends (Mon-Thurs., Tues-Fri. & Wed.-Sat.) would wipe out the congestion on Los Angeles freeways. Just staggered working hours, and or peak hour tolls could work wonders. 

Better facilities for buses, with bus stops at each freeway interchange; a bus transfer facility at the Bay Bridge Toll Plaza; with buses picking up passengers near their homes, batching up at the Toll Plaza, and running right straight to destinations would form a whole network of buses that would be far more convenient than BART. 

BART has so many problems it really needs to be completely rebuilt. The top priority should be for a flood gate where the BART tunnel enters San Francisco ninety feet below Market where water may run as far as the 16th Street station if the tunnel is breached. 

Charles Smith 

• 

BART PARKING FEE 

Editors, Daily Planet:  

At a BART meeting in April, BART operations committee director Joel Keller stated that the wishes of Berkeley, or any local community served by BART, could definitely influence BART board parking policy in the future. 

But now we know how far that influence goes before it stops. Even though the Berkeley City Council subsequently endorsed converting all free parking at the North Berkeley and Ashby stations to paid parking, BART staff has rejected such a move, even though a premature fare increase is coming in 2005 to help cover rising costs that include parking. 

BART staff takes the position that any new parking fees should be accompanied by some increased value or service to motorists. But non-motorists could pay the tab for new parking services as well. In early 2005, staff is planning on implementing a new parking validation program at North Berkeley, yet plans to provide this service free to motorists, passing along the entire cost of this service to all riders, instead of directly to motorists who would benefit from the program. Even though the North Berkeley BART station fills up every weekday and certainly would continue to do so with parking charges in place for every space. 

For more details on this recently-revealed BART staff position, see www.groups.yahoo.com/ 

group/bart-parking-charges. 

I would hope this becomes an election issue within Berkeley. There’s too much talk from the BART District 3 candidates of using any new parking revenues to add new services, and not enough talk about using new parking revenues to cover the existing (rising) costs of providing parking at BART. 

Scott Mace  

• 

YES ON MEASURE B 

Editors, Daily Planet:  

When many high school classes have upwards of 40 students, or that our elementary and middle classes have 35-plus, we cannot ignore why Berkeley’s Measure B parcel tax was written. When we know that the library and music programs support the curriculum and that teacher-training and parent-outreach is essential, we cannot deny the importance of Measure B to our families. Measure B is the community’s grandest bake sale and your “yes” vote will raise money for our community’s children. Consider your own school experiences: was class size important? We cannot afford inadequately prepared students. It is our responsibility, as members of this village, to raise our children.  

Measure B is a Berkeley parcel tax measure designed to serve our public school students for two years. Measure B will benefit the school district by $8.3 million for two years and will pay for: 

• reducing class size—$5.6 million (68 percent) 

• staffing libraries at elementary schools, adding more librarians to middle and high schools—$1.3 million (16 percent)  

• expanding music programs & reducing class sizes—$600,000 (7 percent)  

• teacher training hours; evaluating learning programs; parent outreach—$750,000 (9 percent) 

Measure B will be controlled by an independent Planning and Oversight committee, comprised of school, staff, community members, very similar to the oversight required by the BSEP Measure. As with the BSEP measure passed almost 10 years ago, this community-governed committee structure serves as a model for the nation. 

For two years only, Measure B will tax residential property owners 9.7 cents per square foot (about $8/ month or $97/ year based on 1000 sq. ft. of house size) and 14.7 cents per square foot for commercial property owners. Exempt from the tax are our low-income senior citizens.  

On behalf of our children, and as a Berkeley property owner, my vote on Measure B is an unequivocal “yes” and I hope you, too, will value the preparedness of our children. 

AnaLuisa Quiñonez  

• 

NO REGRETS 

Editors, Daily Planet:  

My endorsement of John Selawsky for re-election to the Berkeley School Board is based on my direct experience working with him. Four years ago I endorsed John for election, and I do not regret it. John has proven himself to be an excellent school board director. 

I know that John’s highest priority in the district is academic excellence for all children, but his vision and energies do not end there. John authored the nation’s first ban on irradiated foods in school lunch programs and has worked with Children’s Hospital and Alice Waters’ Chez Panisse Foundation to address the epidemic of child obesity and diabetes in school-aged youth. 

As School Board President John has been invaluable in assisting me and others in building a solar energy curriculum in the Berkeley Schools. He has also been in discussions with CAFA, Community Action to Fight Asthma, and the EPA, to develop a better, more effective District response to the growing incidences of childhood asthma.  

John is dedicated to working with the community. When the School District announced it was moving the Adult School to the 

Franklin School site, it was John who worked patiently with my constituents, for months, to address their concerns. John is 

always well informed, listens carefully, and has been an excellent partner working with the city, county and state agencies. He can be relied on to make sure promises are delivered. I hope you will join me in supporting John Selawsky for a second term, so he can continue his work for our children and our community. 

Linda Maio  

• 

HATS OFF TO GORDON 

Editors, Daily Planet:  

At last, an upbeat and reasonably objective article on the city’s downtown. Gordon’s one of the few knowledgeable real estate professionals that has put his money where his mouth is, by repeatedly investing in and restoring rundown properties in Berkeley. He has done a lot to enhance the slow but increasingly visible renaissance of the downtown. My hat’s off to him. 

Michael Yovino-Young  

• 

REGRESSIVE MEASURE 

Editors, Daily Planet:  

Measure Q promotes the sex industry under the cynical guise of helping women. However, the real beneficiaries of Measure Q are johns, pimps, and traffickers. Measure Q preys on the progressive impulse to assist women in prostitution in a deceptive ploy to profit johns, pimps, and traffickers. Decriminalization of this sort is not the solution to helping women in prostitution and rather, exacerbates and worsens the problem resulting in an increase in illegal, hidden, street and child prostitution as well as sex trafficking. This has been well documented in other countries where prostitution has been decriminalized and legalized.  

Measure Q would not provide women in prostitution with greater opportunities, safety, and resources nor would it reduce stigma, sexual violence and coercion, or health risks. There are $0 in this measure for programs that protect and serve women. Rather, this measure would expand the scope of harm and normalize the paid sexual exploitation of the most vulnerable and victimized in our communities.  

It’s time that Berkeley progressives support and promote a real and truly progressive alternative! Decriminalize the women in prostitution and arrest the perpetrators—pimps, johns, procurers, and traffickers! Let’s offer women and children in prostitution real choices. Persons in prostitution need housing, social services, medical treatment, and job training. That’s what they should receive—not decriminalization of their exploiters. The enactment of a 1999 Swedish law criminalizes pimps, brothels, and other sex establishments, but does not punish or criminalize women in prostitution. This law has been successful in decreasing the number of women prostituting by allocating extensive funding for social services and decreasing the number of men buying and selling human beings for sex and profit. Measure Q will not do this.  

Measure Q is regressive, not progressive! Vote no on Measure Q on November 2nd! 

Garine Roubinian, Oakland  

• 

CUTS AND RAISES 

Editors, Daily Planet:  

Shirley Issel’s letter to the editor exhorting the necessity of Measure B, made some very odd points. Issel stated that the Board of Education has deliberately cut funding for libraries, music, and teachers. Perhaps these cuts were designed to specifically create the shortfalls that they claim are the reasons we need to pass Measure B. Curiously, during this period of cuts, the Board of Education gave the administrators large raises. The superintendent’s raise totals $30,000 a year, about what a starting teacher earns in one year. I guess it would be hard to justify a parcel tax measure to give the superintendent a raise, so music, libraries and teachers were put on the chopping block. Seems rather underhanded. Vote No on Measure B. 

Marta Diaz  

• 

THOU SHALT NOT KILL 

Editors, Daily Planet:  

Bush and Cheney are Unchristian! 

As we move into the final days of the presidential campaign, Bush and Cheney are struggling to recover from their debate losses and to portray the debacle of Iraq as a victory. Due perhaps to an excess of charity, Kerry and Edwards have not attacked the hypocritical attempts of Bush to curry the favor of Christians and the fundamentalist right. How can Bush and Cheney claim to be Christians while they conduct an immoral and unjust war against Iraq and trample upon the needs of the sick, the young, and the poor of the USA? Does any Christian still believe that there was a verifiable basis for an unprovoked attack upon a sovereign nation with the resultant death, maiming, and suffering of thousands of innocent Iraqi men, women, and children and brave USA and Coalition service men and women? Bush and Cheney have forgotten the sacred commandment: “Thou shall not kill.” 

But there is more. Bush and Cheney have financially gutted our already pitiably inadequate federal aid programs in support of the health, education and welfare of the most needy among us. In place of governmental responsibility, Bush and Cheney wish the sectarian private sector to step into the breach. This is an egregious mischaracterization of the role of our religious institutions. Our country is a democracy, not a theocracy. The chief executive cannot foist his social responsibilities upon our religious institutions. The appeal for faith based initiatives is a callous device to deny our citizenry the federal assistance to which they are entitled. 

Bush says that Jesus talks to him. I suspect the voice he hears is the greed of the super-rich or something/someone far more sinister. 

Michael S. Esposito 

Richmond  

• 

A BERKELEY HERO 

Editors, Daily Planet:  

It is encouraging that the Berkeley Civic Arts Commission is moving in the direction of accepting the gift of the Spaceship Earth sculpture. They should. I am a Berkeley resident and was a very close associate of David Brower. I’ve also worked closely with the Brower family on ways to recognize the legacy that Mr. Brower has left. 

I’ve met the sculptor, discussed the detailed plans of the work, and seen the quartzite stone that the sculpture will be made of. It is a deep-blue color and a beautiful surface. The sculpture conveys an inspiring message and provides a phenomenal opportunity for interpreting Dave’s life and what he stood for to the public. It is particularly fitting that the sculpture should be in Berkeley. 

I’ve recently seen commentary criticizing the size and weight of Spaceship Earth, and think this is off the mark. Who really cares how much it weighs? And as for height, there are many places in and around the parks and waterfront of Berkeley where the trees are sixty or seventy feet tall and the 15-foot piece would hardly be dominant. 

Let’s give the okay for Spaceship Earth to recognize one of Berkeley’s true heroes and the planet he fought for. 

David C. Phillips  

• 

CANDIDATE STATEMENT 

Editors, Daily Planet:  

I’m sure I’m not the only one who has been grateful for the Daily Planet summaries of November election issues, and especially for the publication of local candidates’ statements. I’ve been here over thirty years, and I can’t remember the last time the local Council candidates and we citizens were given this opportunity. Thank you! 

As you know from a Commentary by me that you printed in May, I am, as a resident of District 3, concerned about BUSD proposals to close Derby Street in order to fence and lock up what WAS TO BE a multi-purpose field for several schools and many children. The field, including Derby Street, would become a hardball field SOLELY for the use of the Berkeley High School team. 

This would mean, not only fewer through streets in our heavily impacted traffic area, plus obstructed access from the firehouse on Derby and Shattuck, but dazzling night lights, a blaring sound system, and constant use of the field by outside teams renting it when it is not in use by the Berkeley High team. 

I understand from Laura Menard’s statement in the Daily Planet that she is against closure of Derby Street, and has an alternate plan. 

I understand that Maudelle Shirek has consistently opposed closure of Derby Street. 

I did not learn, from Max Anderson’s statement in the Daily Planet or from any of his campaign literature, what his position is. 

If Mr. Anderson is willing to give you a brief statement on this specific issue, I’m sure everyone in District 3 would be grateful to see it in the Daily Planet before election day. 

Dorothy Bryant  

• 

ROOMS TO LAST CENTURIES 

Editors, Daily Planet:  

Any serious proposal by the planning firm hired currently to take public input and document a reasoned set of ideas for BHS south campus must include (at least) an alternate plan which will save the two large pool rooms and upgrade/remodel them. Two quite reputable structural engineers have told me the two pool room structures look good...look well-designed as building structures, ignoring superficial appearances and some needed new quake bracing for the moment. Two major BUSD structural studies—one flawed, the second more carefully detailed—supply me with added support for my belief they (the big pool rooms) should be saved.  

The structure of a building is the most expensive thing about it. It would be tragic to tear down two valuable two-floor high rooms, one with brand new wood roof on existing steel trusses and the second with new roof work soon to be underway (by the city). At about 12000 square feet, and several hundred dollars per square foot for new construction, maybe you get my drift. 

Steel frame buildings are easy to upgrade and add on new work. I’ve worked on several steel frame buildings from very large to medium-sized, new and old, as an architect. This is the best type of structure available today, and if well-maintained and braced, should last for centuries, not just a few decades. A little rust and a few broken windows are not sufficient reason to tear down this neglected part of the old gym building complex at BHS. 

Terry Cochrell  

• 

PROBLEMS WITH 71 

Editors, Daily Planet:  

I favor embryonic stem cell research and federal funding for additional research beyond that approved by President Bush. However, I strongly oppose Prop 71 amending the Constitution to require the State of California to incur $3 billion in new debt (plus $3 billion in interest) for a “start-up” stem cell research institute. My reasons are as follows: 

1. California is in extreme fiscal distress having borrowed billions of dollars just to balance the state budget. 

2. The state is currently “stealing” property tax revenues from the cities and counties who are suffering their own fiscal shortfalls to pay for education, police and fire protection as well as a host of other community necessities. 

3. Proposition 71 has no provisions for accountability to the state government or to the taxpayers. 

4. The University of California, as one of the great research universities in the nation, is dependent on federal fudning for non-stem cell research and many other essential research programs. Under current federal law, the University risks the loss of all federal funding if it engages in embryonic stem cell research. A loss of or significan reduction in federal funding could do irreperable harm to the University. 

Finally, we should be careful what we wish for. 

Robert Nagle  

• 

BUSH NOT “CONSERVATIVE” 

Editors, Daily Planet:  

When George Bush need to, he presents himself as a moderate conservative. But he has consistently governed from the far right. We can see this by comparing his deeds with the words of Edmund Burke, the father of modern conservativism. 

Bush tells Americans to live in fear. Burke wrote: “No pasison so effectually robs the mind of all its powers of acting and reasoning as fear.” 

Bush encourages us to distrust Moslems and their religion. Burke wrote: “I do not know the method of drawing up an indictment against a whole people.” 

He rushed to war. Burke wrote: “Our patience will achieve more than our force.” 

He encourages the clergy to play a role in politics for which they lack training and competence. Burke wrote: “Politics and the pulpit are terms that have little agreement. No sound ought to be heard in the church but the healing voice of Christian charity.” 

Finally, Bush is actively hostile to our domestic institutions, and treats government as an enemy. Burke described government as “a contrivance of human wisdom” to provide for human needs, and wrote that people have a right to expect it to provide for human needs, and wrote that people have a right to expect it to provide services experience has shown they cannot provide for themselves. 

Phil McArdle  

• 

DOWNTOWN DISCUSSION 

Editors, Daily Planet:  

I’m wondering why John Gordon excludes those of us who live “below” Sacramento St. from his downtown Berkeley marketing area? Many of us do dare venture as far east as Shattuck Ave. , and (gasp) sometimes even farther. 

Karen Ball  

• 

EXPLODING STEREOTYPES 

Editors, Daily Planet:  

It was great to see a preview of Somewhere Elsewhere in the weekday Daily Planet (Oct. 19-21). The topic the exhibition addresses is timely. An examination of stereotype and its role in the perpetuation of racism is important, especially in the United States now. Social criticism is particularly resonant when it comes from artists. Their perspectives are often nuanced and complex.  

A related exhibition is on view at the Berkeley Art Center. “Death Bird,” “Fear Booth,” “Christian Soldier,” “Power to the People,” “Rainbow of Terror: Yellow Alert” are some of the provocative titles of artworks in the exhibition that runs through November 6. 

Topics addressed in the exhibition include the machinery of war, the manipulation and manufacture of fear, religious hypocrisy, racial profiling, as well as messages of peace. San Jose resident Dio Mendoza’s “Death Bird” is a large, ominous-looking and convincing replica of a rusted stealth bomber made mostly of paper. San Francisco’s Olof Aspelin has constructed a “Fear Booth,” into which the visitor steps and is confronted by imagery that the artist collected during his visit to the Republican Convention in August. Textiles are represented by Dixie Brown of Kentfield, whose soft sculptural bombs seduce and repel at the same time, and Thelma Smith of Arizona whose quilt “Salvation Navy” advises recycling.  

Remedios Rapaport of Portland, Oregon reminds us in her piece, “Power to the People,” that we have agency and strength when we unite. The three dimensional work, elaborately painted in the style of a 19th-century carousel, provides the viewer with a peep-hole through which we can view a vast crowd of protesters. Safai and Smith, two artists who work collaboratively, have constructed “Soupcart.” Last year they offered soup from it to everyone they encountered in downtown San Francisco, and produced the video that accompanies their piece. 

Nuala Creed was invited to make an ornament for the White House Christmas tree in 2002. Artists were asked to make a native bird from their state. Although Creed was “honored to be invited to submit [her] work,” she wished she could send a message describing her feelings about the President’s policies, but was afraid “my name could have ended up on some list other than the guest list.” Her nine ceramic hummingbirds suspended from the gallery ceiling represent the ornament she wishes she could have sent to the White House. 

The exhibition is free of charge and the public is invited to bring posters, flyers and ephemera to the gallery to post on the windows and walls of the lobby. The Berkeley Art Center is located at 1275 Walnut Street, gallery hours are Wednesday through Sunday, noon to 5 p.m. 

Robbin Henderson 

Director, Berkeley Art Center  

• 

MITCHELL RESPONDS 

Editors, Daily Planet:  

Re Douglas Allen Taylor’s article (Daily Planet, Oct. 15-18) on the Berkeley School Board candidates: It is not up to Mr. Taylor to decide who is a viable candidate. It is up to the voters. I expect most voters will read my statement in the Voter’s Handbook, or my flier, or website, or go to a debate, or see one on BTV. Berkeley voters need to know that I am running against a political machine, and that I am the only independent candidate in the School Board race. 

Mr. Taylor wrote a very long article skipping my candidacy and issues entirely and unfairly for two reasons. One is that I have no financial contributors. I wanted none because I am an independent and intend to remain one. I needed none because my campaign is affordable. My flier is half a page on white paper, message, slogan, picture, phone number, website, and costs a penny each! 

The other reason Mr. Taylor dismissed my candidacy was his assumption that I have no endorsements. But that is untrue. I have been endorsed by neighborhood leaders such as Martha Nicoloff, author of the Neighborhood Preservation Ordinance; Laurie Bright, President of the Council of Neighborhood Associations; John Denton, beloved former City Councilmember; Martha Jones, education and neighborhood activist; and other wonderful people from all parts of town. 

A “glitch” in my filing papers similar to the one that kept Maudelle Shirik off the ballot happened to me. In my case my endorsers were not permitted but I got on the ballot. I moved on thinking that issues matter most, and knowing Berkeley endorsement processes are cold old controlled machine politics. My website, www.merriliemitchell.org, has a new page on this subject, and you may click on “Greens” for a look behind the scenes.  

I am the only Berkeley School Board candidate endorsed by the statewide “Cops” organization, probably because I emphasize the connection between safe schools and neighborhoods in the Voter Handbook. I am a strong advocate for “Peace Officers” in Berkeley but under the political machine their numbers decrease and we lose community - friendly officers - walking, bike, and traffic cops, detectives, and crime prevention specialists. 

My campaign is about considering the needs of the children first, and politicians, last. 

Merrilie Mitchell  

• 

RIVERA FOR BOARD 

Editors, Daily Planet:  

As former Berkeley School Board members we are supporting Joaquín Rivera for re-election to the Berkeley School Board on November 2, 2004, and we urging the community do so as well. 

We recognize the importance of maintaining strong leadership and stability in our district within a city that has a long history of dedication to public education. Our district must have school board members who are not only intelligent, experienced and well-rounded in the field of education, but also passionate and committed to meeting the educational needs of our diverse student body. Joaquín has these qualities, and that is why he has earned our support. 

During Joaquín’s tenure on the board over the last eight years, he has worked to balance our district’s budget during difficult times of decreasing funding from the federal and state governments, meanwhile maintaining high standards for our students. Joaquín has distinguished himself on the board for his commitment to improving student achievement. He played an instrumental role in the implementation of early literacy and dual-immersion/bilingual programs, pushed for reliable student assessments, quality professional development for teachers, and a variety of new strategies to improve the academic performance of all students. These efforts have resulted in a significant reduction of the achievement gap at our elementary schools. 

Under Joaquín’s leadership, the board hired an outstanding high school principal who has brought stability and a new sense of optimism to the school. They also approved a small schools policy to meet the diverse needs of our students. 

Berkeley is fortunate to have such a devoted, competent and committed person leading its schools. He will help the district to implement a strategic master plan in order to improve the academic performance of all of our students, provide fiscal accountability, and adopt innovative programs unique to our community. Please join us in support of Joaquín to keep our district moving in a positive direction. Joaquín is the proven leader that our children – and our community – need. 

Pamela Doolan 

Lloyd Lee 

Miriam Rokeach (Topel) 

Ted Schultz  

• 

NO FUNDS FOR TREE CENSUS 

Editors, Daily Planet:  

Read the measure before voting. 

I guess lots of people will see that Berkeley’s Measure S is about trees and think it must be a good idea. Everybody likes trees. But please read the whole thing. In this time of budget crises and job cut backs someone wants to create two full time staff to keep track of the city’s trees. Do we really need a “tree census”? Who comes up with these ideas? 

Gary Herbertson  

• 

HOW TO HELP KERRY 

Editors, Daily Planet:  

A lot of readers want to support Kerry, but don't know how to help him. They think they have to leave the state to help register voters, or go spend the afternoon doing a phone bank. But that is just absolutly not true.  

I have three suggestions: (1) you can register as a volunteer on johnkerry.com, (2) you can register as a volunteer at america coming together and (3) you can go to democratic underground.com  

Each of these sites have an amazing number of tools for writing letters to the media, sending email reminders to friends and family to vote or to register, and tools to help you make phone calls to voters in swing states from your own home. You can help in as little as five minutes, with almost no effort. There really is no excuse not to be involved anymore.  

Clement Roberts 

Oakland  

• 

NADER’S MAD CHASE 

Editors, Daily Planet:  

Whenever Ralph Nader is interviewed these days, I think of Melville’s mad Captain Ahab who, in his ultimately catastrophic pursuit of the white whale, declared “All my means and methods are sane: my purpose is mad.” 

Nader has added to his extensive enemy list those progressives who, he feels, have betrayed him because their fear of the Bush agenda exceeds their former loyalty to him. 

We who believe that a medieval theocracy has no place in the U.S. disagree with Nader that there is little difference between the two major parties this time, and so Nader wants to harpoon us along with his old corporate adversaries. 

If he and his supporters succeed in throwing the election to Bush once again, he will succeed in making his name an obscenity around the world, while sharing the fate of Ahab who took the ship down with all hands on board. 

Gray Brechin  

With the friendly assistance of the late Edward Lear: 

The Scowl and the Democrat went to see 

Who could get most of the vote. 

They took lots of money, pots and pots of money 

more than either one could tote. 

Scowl looked straight at the camera and said 

in a voice lke a rusted guitar 

“Ter-ror-rists, terrists, we want them all dead 

But you Dems are weak-kneed, you hesitate. 

We hate 

to wait. 

That’s why I am the best candidate.” 

Said Dem to the Scowl, “By fair means or foul 

I’ll kill them deader and quicker too. 

I’ll not only fight terror, I won’t make the error 

of going in unprepared like you.” 

“You voted against us, left us defenseless 

you’re always changing your mind, you.” 

“Not true!” 

“Is too!” 

And the air turned a rancorous blue. 

On such evidence, we choose presidents— 

who’s best in tone, in carriage— 

has good platform style, a one-liner file, 

is most quick to disparage. 

The content is thin, and subject to spin 

and served up with a runcible spoon 

Now play your roles, go to the pollls 

and hope for a happier tune 

and soon 

real soon 

and hope for a happier tune.›

This November election voters in the Berkeley and neighboring communities have a chance to improve our East Bay Regional Parks by voting Yes on Measure CC. This is a funding measure to raise money to pay for habitat restoration and improvements in the parks.  

Measure CC was put together by leaders in the Sierra Club and Golden Gate Audubon Society. We worked with the Park District staff and board to craft a measure that directly addressed park district needs for environmental maintenance. This measure was originally put on the ballot in March 2000 and covered projects and parks in all of the Park District’s lands in Alameda and Contra Costa Counties. But in that election the measure just missed the 2/3 vote because voters in Eastern Alameda and Contra Costa Counties did not support it with enough votes.  

The voters in the area from the City of Alameda to Richmond, or in the zone West of the Berkeley Hills, however, supported the measure with well over the necessary 2/3 vote. After that defeat, the Sierra Club, Golden Gate Audubon Society, and many other community and park user groups urged the district to focus on the environmental maintenance needs for those parks in area West of the Berkeley Hills where the people showed their support for our parks. This was how Measure CC got on the ballot. It was not the creature of high priced consultants as the anti-tax opponents claim, but came out of the desires of grassroots organizations to see that our regional parks are well maintained with funding to restore and protect habitat and wildlife. 

The projects and parks are specified, and the money can only be used for those projects and uses. They are all set forth in your voter pamphlet, just check them out. As an example, in the Berkeley area, Measure CC will fund the operation and maintenance of the newly created Eastshore State Park. It also provides funding to restore the water quality of Jewel Lake in Tilden and improvements at the Point Isabel off- leash dog park. 

Measure CC will also provide the funding for a comprehensive ecologically-based assessment of how we can reduce the danger of fire in the wildlands from Richmond to Oakland that accomplishes two purposes: protecting us from wild fire while also restoring and enhancing native habitat and wildlife. The restoration of native habitat also promises to reduce the costs of maintenance because native habit is less fire prone and less costly to maintain. Measure CC also funds the implementation of this ecological-based fire safety plan. What a win for the environment and our communities! 

Measure CC will cost very little, a residential household will pay just $12, or a buck a month! That is less than a cup of coffee. Apartment dwellings are assessed even less at .69 cents a month.  

Measure CC has protections to ensure the money is spent wisely. It has a sunset clause. After 15 years, if voters don’t like it, it won’t get renewed. At the insistence of Sierra Club and Golden Gate Audubon Society, it has strict financial controls. The money will go into a separate fund to be used only for the projects on the list, and each year the Park District must show the public that it spent the money for the projects on that list. 

The opponents are the few and usual Jarvis-Gann anti-taxers some of whom masquerade as “environmentalists.” They have raised a specious argument that we should not vote to support our parks because people in other areas of the park district won't be taxed. Using that logic, the people of Berkeley should never have voted to create the East Bay Regional Park District in 1934 because people in Orinda, Walnut Creek, Fremont, and Concord, who were then not part of the original Park District, could use Tilden Park back then without paying anything for that pleasure. How ridiculous! We should recognize that this argument is really the Right-wing's attack all public uses and facilities. Voters should reject this selfish argument of those who just don’t want to pay for public goods like parks. 

The anti-taxers also make the well-worn and specious claim that the Park District really has the money to pay for all of these projects now. As the Sierra Club and Audubon leaders who have worked on Park District issues for over 20 years, we can tell you that there just is no money for the projects on the list. That is why we created Measure CC. Moreover, the district is losing revenue. It will take a 10 percent cut this year and next year as part of State's methods for balancing its budget. This is a $12 million a year loss in revenue.  

We urge voters to join Sierra Club, Golden Gate Audubon Society, Save the Bay, the League of Women Voters, Citizens for East Shore Parks, the Berkeley Democratic Club, and the Berkeley Citizens Alliance, and vote Yes on CC. 

Norman La Force, Chair Sierra Club Yes on CC Campaign and 

Chair, Sierra Club East Bay Public Lands Committee 

Arthur Feinstein, Conservation Director Golden Gate Audubon Society 

›

As a longtime Berkeley resident and employee of a non-profit organization, I support Measures J, K, and L. I believe that front-line services, our libraries and programs that support youth and safety in our communities must be protected. 

My neighbor, an elderly woman, oftentimes needs assistance from our local fire department to give her oxygen; without this vital responsive service she could not survive. Young children and youth need health services in particular families without health insurance. To c ut and/or reduce these vital services undermines the health and safety of Berkeley. Vote yes on Measure J. 

The threat of reducing city funding to community based organizations serving children and youth will greatly impact low-income families in Berkeley. Moreover, it is families with young children who are trying their best to go to school to obtain a successful career and better paying job; it is these families who will pay the price if this measure does not pass. Vote yes for Measure K! 

Measure L is important in order to maintain not only the tradition of excellent libraries in the city, but because more and more families who are non-English speaking are finding the library an excellent source for tutoring, promoting reading and access to learning ma terials not available in the home. Vote yes on Measure L! 

I would much rather pay this incremental changes than to tell a parent that their last day of childcare is tomorrow. We can only imagine the panic, frustration and confusion in denying a parent qu ality care for their young child while they strive to make a better life for their family. 

If Measure Q passes, the Berkeley Police will be told to make the enforcement of existing laws against prostitution their lowest priority. Supporters say that this will help women.  

In fact, Measure Q is likelier to hurt the women its supporters want to help. That’s one reason it should be defeated. The other reason is that it will certainly harm our neighborhoods.  

First, the women’s issue. The prostitutes who would be affected by Measure Q are the ones likeliest to get arrested, which is to say, the ones who work the street. In Berkeley, that means the prostitutes who frequent San Pablo Avenue and nearby neighborhoods. Often young (the average age is 14) and poor, these women became streetwalkers in the first place because they were fleeing an abusive family or, in an economy with shrinking opportunities for the disadvantaged, they were desperate for paying work. As prostitutes, many of them are trapped by drug addiction, isolation and low self-esteem into emotionally and physically abusive relationships with their pimps.  

The best way to help street prostitutes is to help them get out of prostitution, and the best way to help them to get out of prostitution is law enforcement. The City of Berkeley has a successful court diversion program, in which a judge offers street prostitutes who’ve been arrested for solicitation the options of going to jail or getting professional help through Options Recovery Services. This city-funded program helps women mend their lives, reunite with their families, and find meaningful work that will set them on the road to self-respect and independence. Options Recovery Services has had 65 percent success rate in getting people off the street and off drugs.  

The second reason to vote against Measure Q is that it turns a blind eye to street prostitution’s degradation of community and neighborhood life. After CNN and other TV stations reported that Measure Q had qualified for the city ballot, street prostitution increased in south and west Berkeley. We’re talking about sexual acts taking place in cars, on porches, in driveways. There are two schools in the area, the East Bay French American School and the Infant School for the Deaf. Children walking to and from school or just playing in front of their houses see prostitutes and their clients openly going about their business. They find condoms and dirty needles on the sidewalk.  

But it’s not just kids who are being put at risk. A man who lives near San Pablo told me a chilling story. He had walked toward a car parked on his block that had been used by a pimp to transport prostitutes. After memorizing the license plate, he had turned around and started to walk home when he heard a car door slam and a menacing voice behind him say, “You looking for something?” It was the pimp, who, having realized he was being watched, had gotten out of his car to defend what he had come to regard as his turf. The neighbor kept on walking. He got home, safe but shaken.  

The group that put Measure Q on the ballot, Sex Workers Outreach Project (SWOP), never consulted beforehand with Berkeley residents or their elected representatives. Perhaps that’s because SWOP sees its campaign in our town as merely a steppingstone toward its ultimate goal: the decriminalization of prostitution, which is illegal under California State law.  

At the July meeting of the Berkeley Commission on the Status of Women, SWOP spokesperson Robyn Few said that regardless of how Measure Q did on Nov. 2, the initiative had already succeeded, because she had been contacted by CNN and Reuters. “We have won,” said Few, “because all over the United States they’re talking about prostitution in Berkeley.” Repeatedly queried by members of the commission about harm protection programs for prostitutes, Few said again and again that she didn’t “have the details.”  

In fact, there no such details in Measure Q. Measure Q neither founds nor funds any programs that would help women get out of prostitution. Instead, it asks Berkeleyans to avert their eyes from the exploitation and intimidation of women that’s occurring daily in their neighborhoods. And it says nothing at all about protecting the women and children and, for that matter, the men, who already live and frequent those neighborhoods from the violence—physical and emotional—that sustains prostitution.  

Berkeley is a proudly humane city. That’s why we’ve been targeted by Measure Q’s supporters. We should reject their simplistic, publicity-seeking initiative and instead work to strengthen and expand the programs we have in place—programs that reach out to prostitutes and offer them real, practical opportunities to better their lives.  

For the sake of women and children and our neighborhoods, vote No on Measure Q.  

›

Editors, Daily Planet:  

The Berkeley Public Library—your library—is at a crossroads, and as a Berkeley voter, your vote on Measure L will determine what kind of library our community has. 

Here’s the background: The Berkeley Public Library is funded by a parcel tax established in 1980 after Berkeleyans experienced continuing and severe cuts to Library services, then financed by the City’s General Fund. Now, no part of the City’s General Fund finances library services, and no part of the library tax can be used in the General Fund. Only the parcel tax pays for library services, a system allowing Berkeley’s library to be directly responsive to community needs. Parcel tax increases, capped by the regional fiscal indexes of CPI or per capita Personal Income Growth, were taken only when needed during the past 24 years. 

Since 1980, the Library has delivered award-winning teen and children’s programs; Internet access for all; online databases that allow library access from home; and a literacy program that’s taught hundreds of adults to read. Berkeley residents use the Tool Lending Library—the first in the country, love the reading programs and events, make the most of CDs, videos, and new novels, and constantly access the new online resources. Homebound users—seniors, the disabled, and the infirm—have the library brought to them through outreach services.  

Because the Library belongs to California’s universal library access system, Berkeleyans can use other California libraries including Oakland’s branches or Alameda County’s Albany Library, accessing their special collections at no cost. 

Daily, over 4,000 Berkeley residents walk through the doors of Berkeley’s five libraries and receive friendly, helpful service. For many disadvantaged citizens, adults and children alike, the library is the only place where there is access to the Internet and the world of information. In a city with few certified school librarians, it is the public library that introduces Berkeley children to the world of books and helps them develop the skills necessary to bridge the digital divide. The library provides research resources and training for teens including those bound for college.  

This past year, library users checked out 1.6 million items, an 8 percent increase over the previous year. New online features have essentially created an e-branch library where patrons can efficiently request books or perform research 24 hours a day. 

Here’s the problem: Conditions totally outside the Library’s control have prevented the continuation of this level of services without a modest increase in the parcel tax. Why? In the past half-decade, the state retirement system performed poorly during the economic downturn, and health insurance and workers compensation costs skyrocketed. In 2002 the City Council signed a costly six-year contract with city unions. Although the City Council approved these contracts, the Library is bound by them. 

Here’s what the Library has done: In July 2004 the Library Board cut $1.2 million from the library operating budget: staff took a 3 percent salary deferral, staff positions were frozen as they became vacant (now 25 positions, including deputy director, head of branches, and 23 line staff), and Library hours were drastically reduced. Finally, 25 percent of the book budget—$300,000—was eliminated.  

When the Central Library was renovated and the building doubled in size, the Library Board didn’t seek increases to the operating budget. Instead, library staff implemented new technologies in order to work more efficiently and to improve services so the library could live within its existing budget. 

At the Library Board’s request, a city audit of purchasing procedures was completed to assure alignment with city practices. When the City Auditor suggested minor changes, all were implemented within four months of the report. The auditor found no gross failings in the library’s procedures. 

Employee unions worked closely with library management to create a safety program that reduced Workers Comp costs by 60 percent, generating long-term savings. 

These creative efforts, effective, efficient, and coupled with painful cuts in hours, staffing, and materials, are now at the limit of coping with the budget shortfall. The Berkeley Library needs your help. 

Here’s what you can do: Vote for Measure L, which proposes a modest increase in the parcel tax, an annual $41 increase for an average residence. It restores the library’s operating budget, returns library hours to their previous full schedule including Sunday operation at the downtown location, re-establishes a 100 percent book budget, and expands the Berkeley Reads Literacy program to meet demand. 

This election also offers a choice for the future of one of Berkeley’s most beloved institutions. Vote YES on Measure L, and reaffirm the existing library programs with a YES vote on Measure N, the Gann override, for your Berkeley Public Library. 

Jeffrey Shattuck Leiter, former Mayor, City of Berkeley 

Dion Aroner, former Assemblymember, State of California, 14th District 

›

The following small sampling of articles regarding DUI caused deaths from metropolitan newspapers is only the tip of the drunk driving catastrophe that continues unabated just in the Bay Area: “Motorist convicted in teacher’s death” “3 vehicular deaths on Memorial Day” (at least two DUI cases) “Driver slams mailbox, rider killed.” The Sept. 7 SF Chronicle reports “eight dead in Bay Area car accidents over holiday weekend—37 in state.” At least five of the drivers responsible were alleged to be DUI. In the article CHP Sgt. Wayne Ziese said, “Obviously, drinking and driving is still a problem here in the Bay Area.” 

Add all the DUI caused fatalities reported in the Bay Area to all of California’s DUI cases and you may find at least one death a day, of which most were victims in the other vehicles. 

On Aug. 15 another DUI victim was Charlene Agos, a beloved and dedicated mother of two children, wife to Hoche Agos, and assistant librarian at the Berkeley Library’s North Branch. The driver of the SUV that broadsided her car was one of “four men who had been drinking at a nearby bar” (Daily Planet, Sept. 7-9). 

But as in most news stories about DUI accident tragedies we are left relatively uninformed about the pre-accident drinking driver’s circumstances. When, where and why were they drinking before getting so soused that they became a danger to others? Could somebody or the bartender have alerted the police as soon as trouble came up? What other intervention could have saved her life?  

The public needs to know the full profile of DUI binging. Did it begin at home, a friend’s house, at a bar, in the car, at a party, a conference center, restaurant, a winery’s wine tasting room, or several of those? This insight may be the key to unlocking and peering into the mindset of the drinking driver, or at least to pose possible interventions to preempt drinkers from driving. 

The DUI problem is such a serious epidemic that it must become a mandated challenge for the entire community. This means absolutely everyone must get into the prevention act before the driver gets drunk and before they get behind the wheel and turn the key. 

Of course, the knee-jerk response will tend to be increased DUI punishment and more intense post-conviction therapy added to existing statutes. But such after-the-crime reactions cannot return lost lives and heal damaged bodies. Punishment should not be the only answer for stopping DUI crashes, nor most other crimes. Pre-emptive solutions that begin with the root causes are desperately needed, which will mean more open communication between the potential drinking driver and all those who may come in contact with them, from long before the first “one too many.” 

Prudent intervention can occur in numerous ways, from how DUI crash articles are written, to subtle reminders to strong warning labeling on alcohol bottles and advertisements, to advisory warnings from bar tenders and servers, to frequently and well-placed messages, articles, and signs in all the media formats, and in high school, college, and university class rooms and curriculum. Even self-testing breath-a-lators need to be tried. 

The above suggestions can be voluntarily done beginning now by all the institutions within our communities. But knowing human frailties as they are, it may be better for such preemptive techniques to be jump-started by well-organized and coordinated programs encompassing public entities, private businesses, churches, service clubs, and nonprofits. Teamwork between law enforcement agencies and the news media can contribute valuable public education information regarding the issue raised above in the third paragraph. For starters, newspapers could take the lead by digging a little deeper into police reports concerning the pre-crash circumstances of the DUI driver.  

The police and CHP can improve their crash scene investigation and questioning of the driver, as well as a post-crash investigation of how and where the driver exceeded the alcohol content level. This line of investigation may require State Attorney General and court rulings, and legislation, and congressional legislation. Producers and sellers of alcoholic drinks need to be brought into the circle of concerned community members. This should not morph into a punitive and heavy-handed regulatory process but become a wise and innovative inquiry that encourages volunteer ways to preempt drinking drivers. Perhaps the Governor can be persuaded to appoint a citizens DUI Study Commission. 

The stacking up of DUI crash and DOA statistics, and the increased array of broken lives is now beyond a problem, it is a huge, costly tragedy that requires immediate actions at multiple levels. 

›

Coming off a successful run of Love and Taxes in Seattle and with a film version of his earlier monologue Red Diaper Baby premiering today (Friday) at SF’s Roxie and Marin’s Rafael theaters, solo performer Josh Kornbluth has declared a “Joshtoberfest” wi th the opening of Ben Franklin: Unplugged at SF’s Magic Theatre in Fort Mason in advance of a national tour. 

Seated familiarly at the stage set version of his Berkeley kitchen table (designed by Annie Smart), Kornbluth (it’s a sign of his shy winsomeness that it’s hard not to just call him Josh)—bespectacled with round, shiny, smiling face and long hair on the sides of his bald head—explains that one day he had a revelation while shaving: He looks like Ben Franklin. 

Delighted by this, as “everything in my life, I’ve put in a piece . . . I’m out of life,” he decides to research Franklin as the character for a monologue: “The first American! My grandparents were among the first Un-Americans”—and mentions it casually to his mother on the phone: “Well, your uncle was the Jewish Clark Gable.” 

Kornbluth’s rapid-fire delivery is syncopated by his gestures as he paces the linoleum, spinning his yarn to the audience. But he’s peripatetic in other ways too: phone calls to and from his native New York, his Stalin ist mother interrupted by his Aunt Birdie (“A Communist millionaire during the Blacklist; that takes drive!”), who’s determined Josh will play Ben on MSNBC; he also travels from a gig in Hartford by train to see his family (and do the TV spots) in NYC, ge tting off in New Haven (“Where Amtrak switches from diesel to electric—and the Franklin Papers are at Yale, a local call!”).  

Having sworn never to visit Yale, from which he’d been rejected (“one of many colleges that rejected me”) as an “unlikely” enrol lee, Josh makes contact with the mysterious “Claude,” a Franklin scholar (who, he announced, will appear with him at The Magic Nov. 6)—and the entree to the archive, where he ends up skulking all night, investigating Franklin’s puzzling (and harsh) relati onship with his son William, colonial governor of New Jersey and Royalist terrorist during the Revolutionary War. 

He’s reminded of his own relationship with his father, their mutual frustration with each other (“He called it the ‘First’ American Revoluti on, a dress rehearsal for the real, Communist revolution—which I was supposed to lead!”)—and ends up giving an impromteau lecture to “likely” Yalies about “his” Ben Franklin, and why Franklin’s autobiography elides the Revolutionary years and switches from second to third person in addressing his son, dedicatee of its first part. 

Some Kornbluth fans may be slightly let down at first by the unwinding monologue’s pace; it’s maybe not as freewheeling or as frenetically funny as his previous efforts. But it makes up for that with a richer concept that’s fulfilled through a meticulously worked-out story, amusing repetitions (a little bit a la Lubitsch) that dovetail with new vignettes while adding rhythmically to the whole tale as it unfolds. 

Kornbluth’s lon gtime collaboration with Z Space Artistic Director David Dower, his director, pays off in all the little details that get gathered up and resown in the telling. Different from the crop of comics writing gags for TV or pieces for the New Yorker peppered wi th name-dropping and coy academic references, Kornbluth takes everybody along with him on his verbal journey of discovery at a leisurely pace (belied by his glib burp-gun delivery) uniquely his own. 

(Plus there’s the rare pleasure of seeing him in Ben Franklin drag, trailing a kite: “a big part of the budget,” when he becomes “The Jewish Ben Franklin”—and MSNBC sends him to a dating service, “a white male Founding Father,” not to mention around the streets of New York, where he confronts gun-nut militia leaders protesting at the UN, and explains the Second Amendment to them.) 

The one quibbling point with his “obsessive” historical account: I wish he’d made another aside of a sentence or two about the mass exodus of Loyalists to Canada, the West Indies a nd Great Britain after the Revolution. That profound social trauma was reflected in the split between Ben and his son. But in his telling of his “revelation” of the meaning of that split, and of Ben’s Polonius-like preaching, to the fresh-faced Yalies, he fulfills his father’s frustrated wishes in a way as devious as the plot of his long-winded, self-involved tale . . . 

Long-winded and self-involved; the audience is delighted to be involved with Josh and to go anywhere his longwinded-filled sails take hi m. 

›

FRIDAY, OCT. 22 

THEATER 

Acme Players Ensemble, “Ghost in the Machine” Fri. and Sat. at 8 p.m., call for Sun. times., through Nov. 7, at APE Space, 2525 Eighth St. Suggested donation $5-$20. 332-1931. 

Actors Ensemble of Berkeley, “Present Laughter” by Noel Coward at 8 p.m. Fri. and Sat. at Live Oak Theater, 1301 Shattuck Ave. at Berryman. Through Nov. 20. Tickets are $10. 649-5999. www.aeofberkeley.org 

Berkeley Repertory Theater, “Eurydice” at the Thrust Stage, 2025 Addison St. through Nov. 14. Tickets are $20-$55. 647-2949. www.berkeleyrep.org 

Central Works, “A Step Away” Fri. and Sat. at 8 p.m., Sun. at 5 p.m. at the Berkeley City Club, 2315 Durant Ave. Through Nov. 21. Tickets are $8-$20. 558-1381. 

Contra Costa Civic Theater, “Noises Off” Fri.-Sat., selected Sun., through Nov. 20, at 951 Pomona Ave., El Cerrito. Tickets are $10-$15. 524-9132. www.ccct.org  

Magical Acts Ritual Theater, “Heretics, Harlots and Heroes,” at Belladonna, 2436 Sacramento St. Fri. and Sat. at 8 p.m., Sun at 2 p.m. Tickets are $16-$26. 883-0600. www.belladonna.ws 

Un-Scripted Theater Company, “Fear,” a full-length improvised horror story, Fri. and Sat. at 8 p.m. at La Val’s Subterranean, 1834 Euclid Ave. through Oct. 30. Tickets are $7-$12. 869-5384. www.un-scripted.com 

“U.S. Provisional Authority” A musical set in the year 2014, at 8 p.m. at Trinity United Methodist, 2362 Bancroft Way, enter on Dana St. Cost is $5-$8.  

Woman’s Will, “Lord of the Flies” Fri. and Sat. at 8 p.m., Sun. at 3 p.m., at Eighth Street Studios, 2525 Eighth St., through Oct. 24. Every performance followed by a discussion on democracy, violence cessation, and preservation of just societies. Free, donations encouraged. 420-0813. www.womanswill.org 

EXHIBITION OPENINGS 

“Swimming Through Air and Time” Paintings by Marsha Balian and Judy Levit. Reception from 6 to 8 p.m. at the Women’s Cancer Resource Center, 5714 Telegraph Ave. Exhibition runs through Dec. 17. 601-4040, ext. 111. www.wcrc.org 

FILM 

Film Festival at 7 p.m. at Berkeley Arts Festival Gallery, 2324 Shattuck Ave. Free. www.berkeleyartsfestival.com 

Documentary Voices: “Father, Son and Holy War” at 7:30 p.m. at Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Kevin Starr talks about “Coast of Dreams: California on the Edge, 1990-2003” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

MUSIC AND DANCE 

Mark Morris Dance Group at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $30-$56. 642-9988. www.calperfs.berkeley.edu 

California Bach Society at 8 p.m. at St. Mark's Episcopal Church, 2300 Bancroft Way. 415-262-0272. www.calbach.org  

Dick Hindman Trio at 8 p.m. at the Jazzschool. Cost is $12-$18. 845-5373. www.jazz- 

school.com 

Jim Ryan’s Hideous Dream & Subjects of Desire, free jazz improv, at 8 p.m. at The Jazz House. Suggested donation $6-$12. www.thejazzhouse.com 

Sidewinders at 9:30 p.m. at Ashkenaz. Cost is $13. 525-5054. www.ashkenaz.com 

Christine Kane, contemporary folk, at 8 p.m. at Freight and Salvage. Cost is $15.50-$16.50. 548-1761. www.freightandsalvage.org 

Grapefruit Ed at 9 p.m. at Oakland Metro, 201 Broadway. 763-1146. www.oaklandmetro.org 

The Look, Butane at 9:30 at Blakes on Telegraph. Cost is $7. 848-0886. www.blakesontelegraph.com 

The Drink Tickets, Cellofane at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryploughpub.com 

Christy Dana Trio at 9 p.m. at Downtown. 649-3810. 

Katie Garibaldi, singer-songwriter, at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Brown Baggin’ at 9 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $7. 548-1159. www.shattuckdownlow.com 

Barbary Coast by Night at 7 p.m. at Cafe Raphael's, 10064 San Pablo Ave., El Cerrito. 525-4227. 

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

Science of Yobra, Try Falling at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $6. 525-9926. 

SATURDAY, OCT. 23 

CHILDREN  

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

“Wild About Books” storytime at 10:30 a.m. at the Berkeley Public Library, 2090 Kittredge St. 981-6223. 

EXHIBITION OPENINGS 

Berkeley Arts Festival Bus Tours, depart the Berkeley Marina on the hour from 11 a.m. to 3 p.m. Free. For details see www.berkeleyartsfestival.com 

“Earthy Delights“ Sculptures and ceramics by Ralph Holker, Peter Voulkos and others. Opening reception, noon to 7 p.m., at Osceola Gallery, 4053 Harlan St. Suite 305, Emeryville. Show runs to Nov. 19. 658-1440. 

“Unfettered and Alive” Digital photographs from Europe by Jean Sirius. Reception at 6 p.m. at Photolab Gallery, 2253 Fifth St. Exhibition runs to Dec. 4. 644-1400. www.photolaboratory.com 

FILM 

Documentary Voices “War and Peace” at 7 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Rhythm & Muse featuring John Rowe & Rita Bregman at 7 p.m. at Berkeley Art Center, 1275 Walnut St. 527-9753. 

Kay Redfield Jamison on “Exuberance: the Passion for Life” at 7 p.m. at Cody’s Books on Fourth St. 559-9500. 

Poetry By Women Of China’s Golden Age A reading and discussion with translators Bannie Chow and Thomas Cleary at 4 p.m. at What The Traveller Saw, 1880 Solano Ave. 527-1775. 

MUSIC AND DANCE 

Mark Morris Dance Group at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $30-$56. 642-9988. www.calperfs.berkeley.edu 

Spirit of Africa African music and dance ensemble, directed by C.K. Ladzekpo, at 8 p.m. at Hertz Hall, UC Campus. Tickets are $3-$10 at the door. 642-4864. http://music.berkeley.edu 

Trinity Chamber Concert with Daniel Reiter, cello and Miles Graber, piano, at 8 p.m. at Trinity Chapel, 2320 Dana St. Tickets are $8-$12. 549-3864. www. 

TrinityChamberConcerts.com 

Kensington Symphony Orchestra, Geoffrey Gallegos, conductor, Seth Montfort, piano, at 8 p.m. at Northminster Presbyterian Church, 545 Ashbury Ave., El Cerrito. Tickets are $8-$10. 524-4335. 

Alexander String Quartet at 10 a.m. at St. John’s Presbyterian Church, 2727 College Ave. 415-392-2545. 

Steve Lucky & The Rhumba Bums with Ms. Carmen Getit at 9:30 p.m. at Ashkenaz. Cost is $13. 525-5054. www.ashkenaz.com 

Native Elements, Dr. Masseuse at 9 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $10. 548-1159. www.shattuckdownlow.com 

David Matela, singer-songwriter, at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Times 4 at 8 p.m. at Jupiter. 848-8277. 

Robin Flower and Libby McLaren, California Celtic, at 8 p.m. at Freight and Salvage. Cost is $18.50-$19.50. 548-1761.  

www.freightandsalvage.org 

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

Guitarra y Cajón Folk song celebration at 8:30 p.m. at La Peña Cultural Center. Cost is $15. 849-2568. www.lapena.org 

Communique, benefit for Jesse Townley, at 9 p.m. at Blakes on Telegraph. Cost is $8. 848-0886. www.blakesontelegraph.com 

Snake Trio at 8 p.m. at the Jazz- 

school. Cost is $12-$18. 845-5373. www.jazzschool.com  

The Catholic Comb, The Audrye Sessions, The Cushion Theory at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryploughpub.com 

Giselle Fahrbach, Brazilian jazz vocals, at 9 p.m. at Downtown. 649-3810. 

Edge of the Bay with Tensegrity Nine and Uncle Eye at 8 p.m. at the 1923 Teahouse. Donation of $5-$10, no one turned away for lack of funds. 644-2204. www.epicarts.org 

SUNDAY, OCT. 24 

CHILDREN  

Asheba plays Caribbean music at Ashkenaz at 3 p.m. Cost is $4-$6. 525-5054. www.ashkenaz.com 

Samora Pinderhughes, age 13 on piano and Elana Pinderhughes, age 9 on flute perform classic jazz, Latin and Brazillian tunes at 7 p.m. at at La Peña. Cost is $10 for adults, $5 for children. 849-2568. www.lapena.org 

Day of the Dead Family Day at the Richmond Art Center from 1:30 to 4:30 p.m. 2540 Barrett Ave., at 25th St., Richmond. 620-6772. www.therichmondartcenter.org 

THEATER 

“Ghostlands of an Urban NDN” at 8 p.m. at La Peña. Cost is $8-$15. 849-2568. www.lapena.org 

FILM 

Arab Film Festival, “Route 181: A Journey Through Palestine and Israel” at 1 p.m. at Wheeler Hall, UC Campus, followed by discussion. Tickets are $10-$12. www.aff.org 

Documentary Voices: “Bombay: Our City” at 5:30 p.m. at the Pacific Film Archive. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

“Road to the Winter War” an English language playreading of a 1989 Finnish historical docudrama by Dr. Heikki Ylikangas, at 2 p.m. at Finnish Kaleva Hall, 1970 Chestnut St. Cost is $3. 849-0125. latoja86@hotmail.com 

Poetry Flash with Joanne Kyger and Michael Rothenberg at 7:30 p.m. at Cody’s Books. Donation $2. 845-7852. www.codysbooks.com 

“Within Small See Large” Guided tour at 2 p.m. and lecture with Susan Handler at 3 p.m. at Berkeley Art Museum, 2626 Bancroft Way. 642-0808. www.bampfa.berkeley.edu 

MUSIC AND DANCE 

Jerry Kuderna Piano Concert performing work of Catalan composer Federico Mompou including “Musica Callada” at 3 p.m. at Berkeley Arts Festival Gallery, 2324 Shattuck Ave. Cost is $10. www.berkeleyartsfestival.com 

Mark Morris Dance Group at 7 p.m. at Zellerbach Hall, UC Campus. Tickets are $30-$56. 642-9988. www.calperfs.berkeley.edu 

Julian White, pianist, performs works of Beethoven, Copland, and Schumann at 8 p.m. at Unitarian Universalist Church of Berkeley, 1 Lawson Rd., Kensington. Suggested donation $15-$20. 528-4959.  

Jupiter String Quartet at 7:30 p.m. at Berkeley Art Center, 1275 Walnut St. Cost is $9-$10. 644-6893. 

Quartet San Francisco performs at 4 p.m. at the Crowden Music Center, 1475 Rose St. Cost is $12, children free. 559-6910. 

Chamber Music Sundaes with cellist David Goldblatt and oboist Gonzalo Ruiz, at 3:15 p.m. at St. John’s Presbyterian Church, 2727 College Ave. Tickets are $7-$19 at the door. 415-584-5946. www.chambermusicsundaes.org 

Friends of Big Band Jazz with Mike Vax Jazz Orchestra at 2 p.m. at the Julia Morgan Center for the Arts. Tickets are $10-$18. 845-8542. www.juliamorgan.org 

“Imagining a Map of the World” solo dance performance by Evangel King at 11 a.m. at 1374 Francisco St. Donation $7-$15. 841-9441. 

Americana Unplugged: Mondo Mando Madness at 5 p.m. at Jupiter. 655-5715. 

Le Jazz Hot at 4:30 at the Jazz- 

school. Cost is $12-$18. 845-5373. www.jazzschool.com 

Shelly Burgon and Trevor Dunn, harp and bass, at 8:15 p.m. at The Jazz House. Donations accepted. www.thejazz- 

house.com 

“Drum Journeys” A benefit concert for Spirit Drumz and Afia Walking Tree’s Afraka 2005 Project from 3 to 5 p.m. at Belladonna, 2436 Sacramento St. Cost is $15. 883-0600. www.belladonna.ws  

Táncház Band, Hungarian world music, at 8 p.m. at Freight and Salvage. Cost is $17.50-$18.50. 548-1761. www.freightandsalvage.org 

MONDAY, OCT. 25 

THEATER 

Upon These Boards, “The Inkwell Communiqués” The story of a tax-payer’s fight for social justice, at 7:30 p.m. at the Roda Theater at Berkeley Rep. Donations at the door. Reservations suggested. www.UponTheseBoards.org 

READINGS AND LECTURES 

Berkeley Arts Festival Poetry Reading at 8 p.m. at 2324 Shattuck Ave. Free. www.berkeleyartsfestival.com 

Thai Jones describes “A Radical Line: One Family’s Century of Conscience: The Story of the Radical Movement in America” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Poetry Express theme night on “masks” from 7 to 9:30 p.m., at Priya Restaurant, 2072 San Pablo Ave. berkeleypoetryexpress@yahoo.com 

MUSIC AND DANCE 

M.R.L.S. at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10. 238-9200. www.yoshis.com 

TUESDAY, OCT. 26 

CHILDREN 

Family Night at the Library, 2090 Kittredge at 7 p.m. Halloween fun for ages 4-8. 981-6223. 

FILM 

JPEX: “Exploded States: War, Politics, and National Idenity” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Gary Snyder reads from his new collection of poems, “Danger on Peaks” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Tim Junkin, author of “Bloodsworth: The True Story of the First Death Row Inmate Exonerated by DNA,” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

The Whole Note Poetry Series with John Gatten and John Rowe at 7 p.m. at The Beanery, 2925 College Ave., near Ashby. 549-9093. 

MUSIC AND DANCE 

Jazz House Jam at 8 p.m. at The Jazz House. Donation $5. www.thejazzhouse.com 

Tom Rigney & Flambeau at 8:30 p.m. at Ashkenaz. Cajun dance lesson with Diana Castillo at 8 p.m. Cost is $9. 525-5054. www.ashkenaz.com 

Maeve Donnelly & Steve Baughman at 8 p.m. at Freight and Salvage. Cost is $16.50- $17.50. 548-1761. www.freight- 

andsalvage.org 

Peter Barshay at 8 p.m. at Downtown. 649-3810. 

Palenque at 8 and 10 p.m. Yoshi’s at Jack London Square. Cost is $8-$12. 238-9200. www.yoshis.com 

Jazzschool Tuesdays at 8 p.m. at Jupiter. 848-8277. 

WEDNESDAY, OCT. 27 

EXHIBITION OPENINGS 

A.G. Rizzoli’s “Transfigurations,” images of a fantastic world, opens at the GTU, Flora Lamson Hewlett Library, 2400 Ridge Rd. and runs through Feb. 2. 649-2541. www.gtu.edu/library 

FILM 

Fiercely Primitive: Guy Maddin “The Sign of the Cross “ at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

“The Photographer as Activist” with Sebastio Salgado, photographer and co-founder of Instituto Terra, and photo critic and curator Fred Ritchin at 7:30 p.m. at Wheeler Auditorium, UC Campus. Tickets are $10. 642-9988. http://journalism.berkeley.edu 

Ben Barber, Prof. of Civil Society at the Univ. of Maryland, examines how U.S. foreign policy has gone wrong in “Fear’s Empire” at 7:30 p.m. at at Cody’s Books. 845-7852. www.codysbooks.com 

Ray Raphael re-examines “Founding Myths: Stories That Hide Our Patriotic Past” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

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

MUSIC AND DANCE 

Philip Gelb’s Natto Quartet at 8 p.m. at Berkeley Arts Festival Gallery, 2324 Shattuck Ave. Tickets are $10. www.berkeleyartsfestival.com 

Halloween Concert with organ works by Grieg and Bach at 12:15 p.m. at the First Presbyterian Church of Oakland, 2619 Broadway. 444-3555. www.firstchurchoakland.org 

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

Balkan Folkdance at 8 p.m., dance lesson at 7:30 p.m. at Ashkenaz. Cost is $6. 525-5054. www.ashkenaz.com 

Peau de Chagrin at 8 p.m. at Jupiter. 848-8277. 

Acoustic Strawbs at 8 p.m. at Freight and Salvage. Cost is $20.50-$21.50. 548-1761. www.freightandsalvage.org 

Rhiannon at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10-$16. 238-9200. www.yoshis.comÅ

A downtown Berkeley bank robbery ended Friday with the arrest of the dye-smeared suspect aboard a packed AC Transit bus in rush hour traffic. 

The robbery at Washington Mutual at 2150 Shattuck Ave. was reported at 5:58 p.m. Friday. 

According to police, the suspect fled with the cash bag into the downtown Berkeley BART Station rotunda in front of the bank. 

Before he could board a train, though, the bag’s ink pack exploded, staining his hands and clothes with red and releasing fumes into the underground station. 

About half a dozen people were treated at the station for inhaling the fumes, according to police. 

The man abandoned the money and ran upstairs from the station. Back at the street, he then opted for an AC Transit bus as a get-away vehicle. 

As the crowded 40 L bus made its way through rush-hour traffic south on Shattuck Avenue, then east, and then south again on Telegraph Avenue, the bus driver noticed that she had a special passenger aboard, one strangely decorated with red paint. She had heard an announcement about the bank robbery broadcast moments earlier. 

The bus driver, who wished to remain anonymous, alerted police that she was carrying the possible suspect and dozens of police cars sped towards Telegraph Avenue to intercept her bus.  

At the corner of Telegraph and Russell Street, police cars surrounded bus number 3128 in the early dusk light. Sgt. Kevin Schofield jumped aboard the bus and took the seated man off, ordering all other passengers to remain aboard. 

“The bus was packed, which presents a huge hazard,” Schofield said. “Knowing that a bank robbery is on a bus full of people is definitely worrisome. We knew we had to get him off the bus right away.” 

Schofield said that when he stepped on the bus, the suspect was calmly sitting down and complied when told to stand and leave the bus. The man had no weapon, Schofield said. 

Police arrested the man, Darius Shadzad, 34, on charges of bank robbery. 

As the passengers debarked and walked across Russell Street to an awaiting bus to take them the remainder of their journey, they passed the bus driver on the sidewalk giving her account to police. 

A man yelled out, “Thank you miss bus driver,” and many of the other passengers joined in a round of applause. 

Berkeley’s Zoning Adjustments Board has greenlighted the most controversial building yet in the downtown area, the nine-story luxury Seagate apartment—or is it condo?—on Center Street. 

Only Carrie Sprague and recent appointee Dean Metzger voted against the project. ZAB’s newest member, former Planning Commissioner Tim Perry, voted with the majority. 

The only remaining obstacle to the proposed building at 2941-67 Center St., at this point only theoretical, would be a challenge lodged with the city council. 

Opponents have 14 days to appeal after the ZAB issues its formal notice of decision.  

ZAB also approved the demolition of several West Berkeley buildings and shot down a Sixth Street project opposed by neighbors. 

The demolition and use permits approved for Seagate Thursday night call for: 

• Leveling of four existing buildings; 

• Construction of a 181,151-square-foot tower opposite the new Vista College site, with 149 apartments; 

• 5765-square-feet of ground floor retail; 

• 12,067 feet of cultural space, and 

• 160 underground parking spaces in two levels. 

The project of Seagate Properties, a San Rafael development firm with real estate interests throughout the West, the structure would tower four stories above the five-floor limit specified in the city’s downtown plan. 

The building was able to evade the height restrictions because Seagate took advantage of two city provisions, one incorporating a state mandate that grants greater densities to buildings that include so-called inclusionary units reserved for low- and lower-income tenants, and another granting higher densities to buildings that provide spaces for so-called cultural uses. 

“People are going to have the nicest inclusionary units in the city of Berkeley,” said City Housing Director Steven Barton. “The direct construction costs are far above the cost for inclusionary units as set up by the ordinance. The developer has made no reductions in quality and fitting.” 

“I really like this project,” said ZAB member David Allen. “By leaps and bounds it’s the best designed project I’ve seen.” 

The most unusual aspect of the project is the developer’s expected minimal rate of return. According to projections worked out by Barton and Darrel De Tienne, Seagate’s representative, the building will yield a return of only one percent a year. 

Under the city’s interpretation of state density bonus law, the minuscule profits could have justified Seagate building an additional 86 units to make up for the losses on the low-income units, said Berkeley Principal Planner Debbie Sanderson. 

Instead, Seagate only asked for a ninth floor with 11 units. 

Several board members had objected earlier in the approval process at Seagate’s plans to concentrate the inclusionary apartments in the lower levels. 

Under the plans submitted Thursday, the units are now found on six of the eight housing floors, excluding the eighth and ninth floors and units with terraces and the most desirable views. 

Barton said including the low-income units on the upper floor would have cut still deeper into Seagate’s small profit margin. 

“The project makes sense only if there’s a 20- to 40-year holding period,” Barton said. “It’s a luxury building but a very costly one. It would have reduced their rate of return for an even distribution” of the inclusionary units. 

De Tienne said Monday that he was surprised at how quickly the project cleared its final hurdle, acknowledging with a chuckle that in Berkeley, a challenge could still be lurking in the wings. 

Opponents have 14 days after the project’s Notice of Decision appears to appeal. 

Neighbors’ Challenge Wins  

ZAB members denied a warehouse and live/work project at 1340-1346 Sixth St. after neighbors mounted a campaign to block the three-story project. 

The board did authorize the demolition of an existing duplex on the site. 

Developer Daniel K. David and architect/contractor Edward J. Levitch submitted their original plans two years ago, and won preliminary approvals before neighbors—who charged that they hadn’t received adequate notice—rebelled. 

The project has gone through several subsequent design iterations, none to the liking of the neighbors or city staffers. 

Levitch insists that the neighbors’ complaints should have no bearing on the project because they live in a residential zone across the street from the site, which lies in a Mixed Use Light Industrial zoning area. 

The architect faulted the opponents for offering their own design for the project. “They have absolutely no right to be involved,” he fumed. “They had the audacity to bring you another project altogether. This is not a design competition.” 

But both the commissioners, the Design Review Commission and city staffers liked the plan created by two architects in the neighborhood, who offered them to David at no cost. 

“We want you to work with the neighborhood,” said ZAB Chair Andy Katz. 

“The neighbors have no right,” declared Levitch. 

“It’s still part of the neighborhood,” Katz replied.  

Both neighbors and city staffers pointed to a collection of problems in Levitch’s designs, and the architect and his client finally stormed out of the meeting, their angry voices echoing in the second floor hallway of old City Hall. 

“You have witnessed the kind of contempt and condescension you and we have had to live with,” said neighbor Gary Parsons. “We decided with talented help to show how this transitional site could be handled in a sensitive way. We’re still game. We hope the lot is developed, and we hope a building is developed.” 

Several ZAB members pointed to what they called specific misrepresentations in Levitch’s remarks, but he and his client never returned to answer them. 

“The neighbors have acted in absolute good faith,” said member Christina Tiedemann. “We’re not going to ignore the neighbors’ concerns. Speaking for myself, one side is being unreasonable as evidenced by the fact that they walked out tonight.” 

By a unanimous vote, the board approved the demolition and denied the building permit. 

The project now moves to the City Council. 

Gutted Hulks Gone 

ZAB members also voted unanimously to approve the demolition of fire-gutted buildings at 2318-2332 Sixth St. and 2325 Third St. 

The complex had been ravaged by two major blazes in the past four years, most recently a July 14 blaze apparently started by homeless squatters. 

The demolition permit authorized by ZAB requires Kavah Massih Architects to replace the structures a combination of office and light industrial uses that approximate what existed before the fires. 

Emily Brown, who appeared as a representative of the firm, agreed.?

With its final meeting before Election Day scheduled for Tuesday, city councilmembers insist they won’t duck quite possibly the most controversial issue of the year.  

On their agenda is a recommendation from the city’s planning department that calls for overhauling the city’s creek ordinance. 

“There are going to be a lot of angry voters if we don’t do something,” said Councilmember Betty Olds. 

Mayor Tom Bates said he plans to offer a compromise plan to bridge the gap between creek advocates who want a task force to revise the ordinance and a homeowners’ group that wants the issue to go to the Planning Commission. 

The creek law, passed in 1989, limits new construction within 30 feet from the centerline of the city’s 75,000 linear square feet of open creeks and concrete culverts which redirect creeks underground. 

Both creek advocates who want to strengthen the law and the homeowner group, Neighbors on Urban Creeks, which wants to weaken it, are demanding the council take action.  

Most of the approximately 2,400 property owners affected by the law didn’t even know it existed until this year when the city released electronically-generated maps that outlined creeks and culverts. 

Not only do the homeowners now face restrictions on new construction, but according to city policy if they live above a culvert, most of which are nearly a century old and nearing the end of their usefulness, they are responsible for repairing it. 

Already, the city is facing roughly $30 million for immediate repairs to culverts under public land and a lawsuit from a group of neighbors who claim the city should pick up the estimated $1.6 million price tag to repair one collapsing culvert under their homes. 

To the disappointment of both creek advocates and their opponents, the recommendation from Planning Director Dan Marks avoided the issue of responsibility for repairing culverts. Instead, it called for dramatic changes to restrictions on development.  

Marks proposed a three-phase process to be undertaken by the city’s Planning Commission that would begin with a directive from the council to eliminate the 30-foot set-back requirement for new construction.  

Over the following years, as the city sought the estimated $500,000 needed to perform a detailed analysis of the problem, the commission would establish new creek protection policies. It would also conduct a study of the feasibility of unearthing creeks that have been buried underneath public property. 

Creek supporters have lambasted the plan, which they say would effectively dismantle the ordinance before conducting any research. 

“It’s a slick manipulation to make it sound like they’re reforming it, when really they’re gutting the whole damn thing,” said Councilmember Dona Spring. 

Marks said the proposal leaves plenty of safeguards for creeks. Instead of the arbitrary 30-foot setback, any new construction near a creek would require a developer to present a “Creek Impact Report” and any proposed project near a culvert would require a private engineering report showing that the culvert was strong enough to support the new construction. 

“We’re giving people the opportunity to make a case that what they’re proposing to do with the property is viable,” Marks said. 

Marks hasn’t proposed standards for determining impacts on creeks or culverts, but he said new construction within the 30-foot setback area would likely require a public hearing and a use permit. 

Creek advocate Phil Price fears that without clear standards for impacts every proposal to build near a creek would “become another argument.” He prefers that the city council appoint a taskforce to study the issues before making any changes to the ordinance. 

Neighbors on Urban Creeks is backing Marks’ recommendation to send the issue to the Planning Commission, but is calling for the Commission to receive it without any directive from the council to eliminate the setbacks. 

The council appears fragmented on the issue.  

Councilmember Olds wants to send the item to the Planning Commission with a directive to eliminate the setback requirements for culverts, but not for open creeks. Councilmember Wozniak, who like Olds represents areas of the Berkeley hills where most of the affected homeowners live, also favors taking the issue to city commissions including the planning commission, but supports eliminating setbacks for both culverts and open creeks. 

Councilmembers Spring and Worthington support forming a task force, but don’t want any changes to the ordinance until the city finds the money for a detailed analysis. 

Amid the divergence of opinion, Mayor Tom Bates said he will propose a compromise calling for a taskforce under the supervision of the Planning Commission. 

Also on the agenda is an update on negotiations with the firefighters union. Firefighters have offered to accept a $300,000 one-time reduction in scheduled salary increases in return for a one-year contract extension with a six percent raise. City Manager Phil Kamlarz has said that if the two sides are not close to an agreement Tuesday the city would proceed with closing a truck company during evening hours this winter to save the $300,000. 

The council will also decide the fate of Jubilee Village, a proposed 110-unit affordable housing complex at 2612 San Pablo Avenue. The developer, Jubilee Restoration, is asking that the council approve city participation in a federal Department of Housing and Urban Development loan guarantee program. Loans to Jubilee for the purchase of the site, to be guaranteed by the city, would amount to roughly $3 million dollars.  

›

With Berkeley voters set to decide the fate of $8 million in proposed tax increases, Mayor Tom Bates publicized Monday a preliminary report claiming that the city on average offers more services for about the same price than comparable California cities. 

The report, first released as a draft two weeks ago by City Manager Phil Kamlarz, claims that compared to eight other California cities Berkeley is near the top in providing police, firefighters, senior centers, library branches and swimming pools and just above average in spending and the size of its workforce. 

Opponents of the tax hikes have staked their opposition in part on claims that neighboring cities, such as Hayward and Oakland, spend comparatively less money and employ fewer city workers than Berkeley.  

The eight cities included in the study are Concord, Fremont, Hayward, Richmond, Oakland, Pasadena, Palo Alto and Santa Monica. 

On the survey, Berkeley finished fourth in the number of residents per firefighter and third in the number of residents per police officers, library branches, senior centers and swimming pools.  

When including all city funds, Berkeley spent $2,931 per resident, fourth on the list, less than Palo Alto at $7,311, Santa Monica at $4,934 and Pasadena at $4,029. The report also found that Berkeley has 91 residents per city employee, fourth on the list, more than Pasadena at 69, Palo Alto at 76 and Santa Monica at 88. Employee figures were adjusted to exclude employees who work in services not typically found in other cities like airports and seaports. 

“This punches a hole in the argument that we have a bloated bureaucracy,” said Mayor Bates.  

Bates is backing the tax measures as a remedy for the city’s structural budget deficit which stands at $7.5 million for the coming year. 

“It says to me that we pay a little more, but we get a lot more for our money than other cities,” he added. 

Former Mayor Shirley Dean, who presided over a series of generous union contracts during her second term and is now a member of the city watchdog group Budget Watch, questioned the validity of the report. 

“My first impression is that they handpicked the cities to make their case for the taxes,” she said. Dean questioned why the city report didn’t include the same cities the city uses when negotiating labor contracts. 

Budget Watch and other groups opposed to the tax hikes have long called for a comparison like the one provided by the city manager. 

Kamlarz said Berkeley has traditionally compared itself to the cities in the report because they are either neighbors, similar in size, offer similar services or host major universities. 

Berkeley provides some services and sponsors certain programs not found in many neighboring cities. The city has its own health department, refuse service and camps and operates a marina and a rent board, all of which add to city expenses. The three cities in the report found to spend more per resident than Berkeley—Palo Alto, Pasadena and Santa Monica—all operate their own public utility and Santa Monica maintains its own transportation system. 

Rob Wrenn, chair of Berkeley’s Transportation Commission, said the report essentially “compares apples to oranges” and misses the essential issue behind the proposed tax hikes: the balance between employee salaries and resident taxes. 

Beginning in 2001 the city negotiated long-term contracts with city unions that improved retirement benefits and provided fixed raises far higher than cost of living increases. The contract with police offers alone, Wrenn said, has cost the city $30 million. 

“The contracts have made tax increases inevitable,” Wrenn said. “Voters are going to lose either way. Either we lose services or our taxes go up.” 

Although the charts produced by the mayor’s office were released to the public Monday, Laurie Capitelli, the mayor’s choice in the upcoming City Council District 5, apparently received an advance copy. At a candidate forum hosted by the Northeast Berkeley Neighborhood Association last week, he produced copies of the charts and referred to them in a defense of the city’s handling of its budget crisis. 

Zoning Adjustments Board members voted Thursday to allow an upscale Shattuck Avenue pasta eatery to sell take-out vino along with their penne and linguini. 

Neighbors turned out to support Carole and Eric Sartenaer, the owners of Phoenix Pastificio at 1786-1788 Shattuck Ave., and plead with the board to grant the extension.  

The vote was one of two actions the board took loosening restrictions on liquor sales. 

The board also voted to extend the on-site liquor sales hours at Kip’s, a popular bar at 2439 Durant Ave. frequented by UC Berkeley students. 

Phoenix Pastificio’s bill of fare drew rave reviews from neighbors who often buy takeout meals to eat at home and yearned for a chance to bring home an offering from the restaurant’s wine list to compliment the gustatory treats. 

ZAB members were reluctant to allow the restaurant to advertise or display the beer and wines so they would be visible from the street, and the Sartenaers agreed. 

The board also mandated that alcohol sales must be accompanied by a food purchase. 

Member David Blake worried that allowing takeout sales would set a precedent for other Berkeley restaurants. “We’d be creating a new use,” he said. 

Colleague Deborah Matthews countered that ZAB can regulate each use at each establishment. 

New member Tim Perry pointed out that at least two delicatessens offer wine and beer on display. 

Only Blake and Carrie Sprague opposed the plan. 

Representing Kip’s owner Calvin Wong, Oakland attorney Rena Rickles assembled a sizable complement of Cal students to sing the praises of her client’s establishment—including Jesse Arreguin, a candidate for the city’s Rent Control Board.  

Unlike other taverns near the campus, Kip’s had to sound “last call” before 1 a.m. rather than the usual 2 a.m. allowed at most other watering holes. 

The 1 a.m. closing time had been decreed decades ago, then ignored by all the previous owners who had kept open until 2 a.m. The Wongs adopted the same hours when they bought the tavern four years ago, and continued to do so until May 2003, when the owner of another area bar alerted city officials to the original use permit and the city ordered compliance. 

Since the new closing hours were enforced, revenues have dropped 40 percent and three employees have been laid off, said a representative of the owners. 

“Kip’s is only asking you to legalize what Kip’s has been doing for 40 years,” Rickles said. 

Arreguin, the first of the students to speak for the owners, said that the extended hours would serve as a deterrent to crimes against women and as an opportunity for students to socialize. 

Precisely how sales of more alcohol would prevent abuse of women wasn’t clear, considering that alcohol is cited as a factor in many assaults, rapes and sexual batteries. 

Also testifying for the additional hour was Elizabeth Hall, ASUC Vice President for External Affairs. 

Rickles also sought and won permission for the establishment to serve alcohol to customers at weekend brunch between the hours of 9 and 11 a.m. 

The Berkeley Police Department had opposed both proposals. ›

Berkeley native Ulysses Ellis never imagined that failing to buckle his safety belt could land him in a legal morass. 

But earlier this year when Oakland police stopped his friend’s car and gave Ellis the citation it set off a chain reaction all too common for homeless people like Ellis. 

When Ellis didn’t pay the fine he was ordered to traffic court. When he didn’t show up in traffic court, his case went to Alameda County Superior Court. And when he didn’t appear there his citation turned into a warrant. 

On Friday, Ellis finally caught a break. 

He was one of 85 homeless people to have his warrant and fine dismissed at the inaugural proceeding of the Alameda County Homeless Court. 

“Now I can finally move on and be productive,” said Ellis, who volunteers at a homeless drop-in center and works part-time as a security guard. 

Instead of ordering homeless people to court for fines they can’t pay, the homeless court comes to the homeless and guarantees those with non-violent, low-level misdemeanors a clean slate if they can show they are cleaning up their act. 

The court made its debut Friday at the Champion Guidance Center in Oakland, with Superior Court Judge Gordon Baranco presiding. Baranco was quick to reassure the defendants they had nothing to fear from him. 

“This is not some way of rounding people up and taking them to jail,” he said. “No one here is getting arrested today...unless you act up.”  

Ellis said many homeless people have a fear of the court system. “We don’t have money to pay fines and you never know if a judge is going to be mad from the last case and take it out on you.” 

As dangerous as the streets can be for the homeless, winding up in jail is also perilous, as in the case of Kevin Freeman, a well-known homeless man on Telegraph Avenue, who was murdered by his cellmate last year in Alameda County’s Santa Rita prison after receiving a 30-day sentence for public drunkenness. 

The cases that wind up in the homeless court are vetted by public defenders and assistant district attorneys, and recommended for dismissal before they reach Judge Baranco.  

Defendants are recommended to the public defender by county homeless service providers, who must show that the defendants are using services and working to solve their problems. The court only accepts non-violent misdemeanors like traffic violations and public drunkenness, and limits defendants to one appearance. 

The model was initiated 15 years ago in San Diego and has since taken root in Ventura and Kern counties. 

Friday’s session, and the next one scheduled for December at Berkeley’s Trinity Church, are part of a pilot program in Alameda County. A grant from the California Bar Association funded months of planning and policy development, while court officers, including Judge Baranco, Public Defender Diane Bellas and Assistant District Attorney Stuart Hing have agreed to donate their time. 

If the program receives permanent funding—about $20,000 a year—Megan Schatz, Coordinator of the Alameda County-wide Homeless Continuum of Care Council, said the court would be in session about every two months at homeless service providers throughout the county. 

“This is the best thing I have ever seen for the homeless,” said Stephen Krank, director of the Oakland drop-in center where the session was held. “You can get them clean and sober, but if they have warrants hanging over their head it’s like running into a freight train.” 

Not only can outstanding warrants land homeless people in jail, but because of the welfare reform bill signed by President Clinton, they also disqualify them from receiving disability benefits. 

Diane Bellas, the county public defender, didn’t have statistics on how many homeless defendants fail to appear for their court date, but said a sizable percentage never show. 

“What’s the point if they have no income and can’t pay the fine?” she said. 

Steven Binder, the San Diego deputy public defender who designed the first homeless court, said the San Diego homeless court had an attendance rate between 80 and 85 percent. “The court strengthens the service provider and sends a message to the defendant that the county is happy with his progress and doesn’t see him as a criminal.” 

Mario Gaspard, who is a regular at the Oakland drop-in center where the court convened Friday, said the sight of a county judge in the center didn’t faze him. “It’s a lot less stressful than facing him at the courthouse,” he said. 

Gaspard had several violations cleared Friday, but not everybody was so lucky. Judge Baranco was powerless to dismiss a series of parking tickets amassed by Berkeley resident William Myers because the tickets are under city jurisdiction and so far cities have refused to designate them to the court. 

Also because of the high number of cases, several men were left outside the center Friday and told their case might wouldn’t be heard until this week. 

Gary Brown, who has a warrant stemming from a charge of drinking in public, said he would definitely be back. 

“I don’t want to end up in Santa Rita,” he said. “All I can tell you now is I won’t be jaywalking this weekend.” 

While the three candidates for the Albany Unified School District agreed that overcoming fiscal challenges is one of the top two priorities in the district, they divided over what they believe is the other most important issue. 

Charlie Blanchard wants to come to grips with state and federal mandates that sometimes conflict with local goals, while both Nadine Ghammache and David Glasser want to increase parent participation in district decision-making. 

Charlie Blanchard 

Charlie Blanchard is a longtime school volunteer who was appointed to an unexpired term on the Albany School Board in April of this year. Among others he lists the Alameda County Democratic Party, the Alameda County Green Party, Mayor John Ely, and Councilmembers Allan Maris and Jewel Okawachi as his endorsers. 

“There is the question about how do we continue to provide quality education locally in the face of continued mandates from the state and federal governments,” Blanchard said. He listed the federal No Child Left Behind law as one such mandate, saying that it “tended to push toward a junior high model rather than a middle school model,” which is not necessarily what Albany wants. Blanchard explained that in Albany’s middle school model, students are brought gradually from a single classroom throughout the day to separate classrooms for each subject from the 6th through the 8th grades. But he said that with the No Child Left Behind law’s mandate of a “qualified teacher” in every class, 6th grade teachers are unable to teach all of the necessary courses in a single class, and that is forcing schools to adopt the junior high model of starting 6th grade immediately with “moving students from class to class, with a different teacher in each class.” Blanchard called reconciling Albany’s gradual model with the federal government’s mandates would be one of the Albany School Board’s most significant challenges in the coming years. 

Nadine Ghammache 

Nadine Ghammache has taught elementary and middle school in Lebanon, as well as Arabic at the University of California. She has been endorsed by School Board members Miriam Walden, Michael Barnes, and Sherri Moradi, as well as by Albany Teachers Association President Diana Lamson and Vice President Joanie Wichstom. 

School Board Vice President Walden, who serves as Ghammache’s campaign manager, said that Ghammache’s “primary reason for running is to reach out and create structured and long-term ways that parents can participate in decision-making at the school district across the usual boundaries of participation.”  

“What we tend to have is certain groups of parents who are able to participate and are active, and lots of parents who are not able to participate or else feel left out of the process,” Walden said. “Nadine wants to do constructive outreach and creating sustainable ways for parents to participate in their children’s education and participate in the decision-making as to how their schools are run across all the barriers that exist.” Walden called those barriers “language and culture and time and energy and the many things that families are dealing with today.” 

Walden also said that Ghammache wants to “maintain and develop good working relationships with teachers and staff in the district. [While she believes] it’s important to maintain fiscal control, she also wants to look at what we are going to do with the district’s surplus in a way that respects teachers’ expertise and involves parents.” 

David Glasser 

David Glasser has worked in public finance for the past 21 years, including stints as Finance Director for Alameda County and vice president in charge of the Public Finance Department for the Bank of the West. “I think my long history in public administration—specifically in the financing, budget, and debt areas—uniquely qualifies me for the board of education. We really need to have a board that is vigilant in the fiscal area.” Glasser is endorsed by the Alameda County Green Party, Albany City Councilmembers Allan Maris and Jewel Okawachi, and Albany-Berkeley Chinese School Director Anthony Wang. 

“The Board should be more open in its decision-making,” Glasser said. “They tend to have a lot of closed session items that they discuss and then bring the decisions to the public. I’m an advocate of having those discussions in public and making sure that they include and make more outreach to the community when they’re making those decisions. We need open decision-making and the outreach for that decision-making, not just to people who show up to the board meeting, but reaching out to communities that don’t come to the meeting. Immigrant communities—people who don’t speak English—people that work during the week and can’t make the board meetings.”

The Lawrence Berkeley National Laboratory—formerly the Radiation Laboratory—will hold a Wednesday evening public hearing on the proposed 10-year hazardous waste facility permit for the site. 

The meeting begins at 6:30 p.m. in the North Berkeley Senior Center, 1901 Hearst St. 

The permit, if approved, would allow the facility to continue to store 23,320 gallons of hazardous and mixed wastes on Building 85 at the site. 

Hazardous wastes include a variety of chemicals as well a batteries, metal sludges, PCB-contaminated equipment, oily rags, paints and other substances. Mixed waste is defined as hazardous waste containing low levels of radioactivity. 

Neighbors and environmentalists have protested the storage and treatment of waste at the facility, citing potential dangers to themselves and the Strawberry Creek watershed. 

The permit would allow treatment of up to 1,158 gallons of waste daily. 

The state Department of Toxic Substances Control has also identified 174 areas on LBNL properties where toxics have been released. The eight locations where radiation has been released are being cleaned up by the U.S. Department of Energy and 45 of the other 166 sites are being cleaned up under state supervision. 

The remaining 122 locations were identified as non-threatening and needing no additional cleanup. 

With two of its five members up for re-election in two weeks, the Berkeley Unified School District Board of Education has set a light agenda for Wednesday night, its last scheduled meeting before the Nov. 2 vote. The meeting will begin at 6 p.m. at the Old City Hall on Martin Luther King Jr. Way. 

Only non-controversial items will be considered on the board’s action agenda: a temporary transfer of funds for cash flow purposes, refunding of Series A bonds, and a second reading on the adoption of the Measure BB maintenance and grounds plan. 

Much of the agenda is filled with routine construction and maintenance items on the consent calendar, including the Oxford Playground renovation, asphalt installation at Malcolm X, Emerson, LeConte, and Longfellow schools, new flooring at Emerson, John Muir, Oxford, and 1810 Hopkins St., completion of the Berkeley High Health Center, and the hiring of WLC Architects to supervise demolition and design a new field at East Campus. 

The district will hold a second public workshop on its Berkeley High South Campus Construction Plan on Thursday, Oct. 21, at 7 p.m. at Berkeley High School. The topic will be proposed buildings for the south end of the high school campus, including the warm water pool, and fencing around the playing fields. 

›

The on-line Berkeley Police Bulletin for Friday, October 15, reported a homicide at 1:54 a.m. Berkeley Homicide Det. Robert Rittenhouse told the Planet on Monday that the death is considered suspicious and is under investigation. Police did not return subsequent calls about the incident. 

The location for the incident report was listed in the Bulletin as Addison and McKinley, the area of the public service center housing the jail, the police department and the police and fire dispatch center, but Rittenhouse said that the death was not a death in custody.  

There is no police blotter today because the Planet’s repeated calls to the department public information officer on Monday evening were not returned. 



Fire Guts Flower Stand 

An apparent electrical fire destroyed a small flower stand at 1275 Gilman St. minutes before midnight on Oct. 6, reports Acting Fire Chief David Orth. 

The single-alarm blaze destroyed the structure and contents of Moje’s Flowers and Gifts. 

Firefighters said the blaze started in the interior of the small structure and have placed the blame on overloaded electrical circuits, although the case is still listed as suspicious only because of a series of other small blazes in the area dating back several weeks. 

“We don’t think it was arson,” Orth said.

MEASURE L 

Editors, Daily Planet:  

Ballot Measure “L,” the library tax proposal, has directed our attention to the Berkeley public library’s services and costs. As even the opponents of this tax tell us, “everybody loves the library,” and indeed Berkeley has built an extraordinary library system in our community. As we consider the wisdom of spending more money it seems like a good idea to examine the services we get for our tax dollars.  

The easiest way to get the facts is to read the California State Library Statistics report on the internet. A comprehensive view of every library function, one can compare Berkeley’s library with dozens of others serving communities of comparable size. Briefly stated, within this group our library is outstanding. We have the most active reference service by far, providing 623,000 answers per year, an average of six per Berkeley resident. Our expenditures for new materials is the highest in the state; our collection is the third largest, our circulation is third, and we have the most children’s materials with the second highest circulation. We spend about nine dollars per capita per year for materials; this compares with Palo Alto $10, San Francisco $8, St. Helena $28 and Carmel $21. Our total library costs per Berkeleyan are $103 per year, compared to Palo Alto $80, St.Helena $150, Carmel $293, and Belvedere $107. Because of the increased services provided, our library staff is larger than most, and the salary range is fairly generous by the modest standards of librarians. We pay more than Richmond, about the same as Marin, and less than Sunnyvale, Santa Clara and Daly City. 

A recent letter to the Daily Planet opposing the tax quoted the city auditor’s report on library procedures, characterizing it as “scathing.” The author failed to note that the auditor’s 20 recommendations have all been accepted, 17 completely implemented, and three in the process of implementation. The auditor complemented the library on having requested the audit and on the promptness and cooperativeness of response. 

In short, we are a city of avid readers, eager to use our library for ourselves and our children. We have a civic institution of which we are proud and we have been willing to pay for it. I want the library to continue its high quality of services, its purchasing of new books, and, as soon as possible, a return to seven days a week hours. The tax increase on my house will cost me 14 cents a day; I think that is a bargain. 

Elmer R. Grossman, M.D. 

• 

UNIVERSITY AVE PLANS 

Editors, Daily Planet: 

On Oct. 12 the Berkeley City Council moved forward with an update to the University Avenue Strategic plan. This update represented months of hard work by University Avenue neighbors, City planning staff, the Planning Commission, and interested developers, and was purportedly a compromise plan hammered out among competing interests. One of the major concerns of all parties was allowable density and height. 

However, the final plan took no account of the new state “density bonus” law that awards a 35 percent density bonus to developers for certain affordable housing projects (up from 25 percent). Therefore, the plan is inherently flawed and somewhat beside the point. How could it come to pass that all of that work and compromise did not consider the new 35 percent density bonus? 

I conclude that the neighbors were snookered by the other parties to the deal who knew all along about the new bonus. Local politicians, developers, and planners have access to legions of affordable housing and developer associations and lobbyists. The city has a paid Sacramento lobbyist. The mayor’s wife represents the city in Sacramento. The city’s Planning staff, Planning Commission, city manager, and city attorney are regularly updated about pending legislation. Therefore, they all must have known about this legislation and they all must have decided not to share the information with the University Avenue neighbors. In a prior writing, published in the Berkeley Daily Planet, I stated “…while many local politicians and decisionmakers glibly blame state legislation for the sometimes unfortunate and unpopular local land use decisions, when the chance to oppose draconian state regulations arises, they remain quite mute. Is this because many local politicians and decisionmakers are in fact in collusion with the state and the affordable housing lobby…?” 

Barbara Gilbert,  

City Council Candidate, District 5 

• 

XXXXXXXXXX 

Editors, Daily Planet:  

I am one of the more than two thousand Berkeley homeowners whose property is on a creek. In my case, my property is bounded by a culverted Strawberry Creek. I, like many others in similar situations, am a strong environmentalist and care very much for the health and well being of this vital waterway.  

I commend the efforts and intentions of those who originally crafted the creek ordinance but I strongly believe that it needs much work to meet the complexity of the issues. I am writing out of my dismay and concern that groups like the “Friends of Strawberry Creek” and “Eco City Builders” are painting the more than six hundred people who signed the ‘Neighbors of Urban Creeks” petition and other homeowners as anti environmentalists who are working to completely repeal the ordinance.  

I feel this is a divisive and frankly wrong message. The reality is that most homeowners on creeks regard themselves as stewards of these creeks and more than any one have the creek’s well-being at heart. I urge all who are concerned about the creeks to refrain from inflammatory language and divisive tactics and to let a rational and informed process proceed.  

Robin McDonnell  

• 

STRAWBERRY CREEK 

Editors, Daily Planet: 

I live in the Strawberry Creek corridor. Ecocity Builders has recently completed a study titled “The Strawberry Creek Greenway- Putting Creeks in Context with the Built Human Habitat.” This study was funded by taxpayers through a $20,000 grant from the State Coastal Conservancy. 

The study presents a plan for daylighting Strawberry Creek from Oxford Street westward to the Bay, with a rough cost estimate of $57 million dollars for the project. Although the authors warn against possible abuses of eminent domain and stress that finding willing sellers should be policy and practice, over three dozen residential and commercial structures, specifically named by address, are recommended for initial removal as part of the daylighting plan.  

The San Francisco Bay Area Conservancy Program’s 2001–2002 Third Year Report states that this grant project was to have a public education component, but very few, if any, of the residents in the Strawberry Creek corridor were informed of the study or asked to contribute to it. My neighbors and I were never even mailed a notice of availability once the report was completed. Ecocity Builders is now making the report available for $20 through their website, but neighbors here are beginning to circulate xeroxed copies made from a few obtained free of charge from the Coastal Conservancy. 

This was not a model process for building trust and consensus. How do creek advocates believe daylighting Strawberry Creek could ever become a reality if they talk and write about us as if we were not even there, as though we and our investments in our homes and neighborhoods are simply throw-aways?  

Jill Korte 

• 

MEASURE K 

Editors, Daily Planet: 

We are supporting measure K, the temporary increase in property transfer tax, in November. As homeowners, this tax only comes due if and when we sell the homes—it's a progressive tax hitting only those with very high value houses. It will finance important youth services that otherwise are currently at risk, and which ought ideally to be expanded. 

Please join us in supporting Measure K.  

Fred Collignon, Martha Cook, Carol Olson, Maureen Katz  

David Stark 

General Director 

Stiles Hall?

I have seen firsthand that while the current board is well intentioned—the board has not been able to engage our community in the open, inclusive, and interest-based dialogue necessary to address student achievement from kindergarten through grade 12 in a comprehensive, effective and sustainable way. After more than ten years, the district has yet to develop a district-wide student achievement plan that addresses students at every academic level and need. Over the years, school communities have been forced to develop plans on their own, without clear district guidelines, data-driven research, training on how to develop adequate plans, or set evaluation standards, which has resulted in a piecemeal, hit or miss approach in addressing the success of our schools and students. 

And the result is staggering, despite the incumbent’s public statements that “progress is being made”—an increasing number of our elementary schools, all of our middle schools, and the Alternative High School are failing federal education standards and last year many schools and specific student communities did not advance in state-based standards. Last year 25-40 percent of Berkeley High students taking core classes needed for college admission were in danger of failing by the end of the first semester and only 66 percent of African American students passed the high school exit exam by the end of the year. Special education, vocational and alternative education, and programs for academically gifted students have been ignored. And, the board has been absolutely unable to deal with the “elephant in the room” which is that the district is failing African American children (30 percent of the district’s students) and that many African American families become disillusioned, disconnected, and feel disenfranchised from the district. 

The role of the School Board in developing a district-wide student achievement plan must be to lead and facilitate the school community as well as the university, community colleges, city, non-profit and the wider Berkeley community in a unified, not divisive process that can tackle the complex and sensitive issues that must be addressed to achieve academic excellence for all students. This requires board members that have or can forge relationships with Berkeley’s many diverse communities and interest groups—within and without the School District—something the incumbents have not done well, especially when it comes to communities of color. The plan must develop initiatives for core subjects, set guidelines for individual school sites to develop specific achievement plans, focus on academic excellence—for students at all academic levels—from struggling students to those ready to achieve at the highest levels, include participation in the arts and athletics as a way of developing student self-esteem, discipline, and joy of learning, and stress the importance of home-school partnerships. 

I am an African American parent of two sons in Berkeley public schools and am a graduate of public schools, Brown University, and U.C. Berkeley. I have been actively involved in the School District for over eight years both at the school site and district-wide levels. I have served on the Washington Elementary School Site Council and African American Unity Council, the Longfellow Middle School Governance Council and Extended Day Program Committee and the District-wide Berkeley School Excellence Program Planning and Oversight and District Advisory Committees. In addition, I have successfully written school grants for teacher training, literacy and garden programs and I am an active member of the PTA. I work as the assistant to the Emeryville City Manager and serve as city clerk, which has provided me with extensive experience in budget, policymaking, organization skills, staff development, facilitating community-based planning efforts and interest based negotiations. And as part of my job, I have been responsible for securing millions of dollars in outside private and public funds and work with various public agencies as well as the business community. Through my position in Emeryville and as a former Berkeley City Council aide, I also have established relationships with our city, county, state and federal elected representatives. All of these experiences, relationships and expertise will greatly aid my ability to be a leader as a School Board Director, if elected and will help the district to successful partner with outside agencies and organizations to bring in needed outside resources available to help our children succeed. 

Please join Congresswoman Barbara Lee, many local and regional elected officials, the Berkeley Federation of Teachers, National Women’s Political Caucus: N.A., the Alameda County Democratic Party, former School Board member Pedro Noguera and a host of parents, community/political organizations and neighborhood leaders who believe in my skills and abilities. For more information and a full list of my endorsers, please view my website at www.karenhemphill.home.comcast. 

net or call 467-3049. Thank you. 

—Karen Hemphill 

›

I am running for this office because I believe there is too much politics on the Berkeley School Board. Examples include closing Franklin School and the former adult school, and turning school playgrounds into parking lots (at Franklin School and the Berkeley High tennis courts). The Berkeley Citizen Action (BCA) majority is beginning again the same old plan—closing schools to free up land for development—just as they did in 1984. That was disastrous, and it took years for our schools to begin to recover from it. 

We need serious change on the School Board—less politics, and more possibilities. But these changes are possible only if there is an independent voice. I am the only independent Democrat running for the Berkeley School Board.  

We should provide an excellent education for all our children, in schools where the students feel safe and welcome. Politics must be kept out of our schools. Our students need to learn the critical thinking skills necessary to make informed judgments including their own political opinions. 

We need to listen carefully to the concerns of our teachers and work to create a supportive educational setting. Class size is critical but has been creeping up into the 30s from middle school on up. This is too high for Berkeley Unified School District’s diverse student body. We will lose many of our best teachers, unless we get serious about class size. BUSD does not have to take in all the students it accepts from other school districts. We have a fixed amount of budget money to spend on our students so why allow transfers, which cause larger class size? At Berkeley High School’s “Back to School Night” I was amazed at the number of parents there from Oakland and Alameda!  

We should have quality after-school programs for all students who need them, with fees on a sliding scale. But there is not enough daycare for middle-income families and this forces many into private schools. This situation causes socio-economic and racial imbalances, which may create poorer schools for low-income children.  

The “2X2 Committee” (School Board plus City Council) has been initiating joint ventures, such as plans for massive real estate development or homeless shelters on our school properties. This committee should instead work to improve the quality of life in our school neighborhoods. This is especially important for South and West Berkeley, where conditions can be scary, stressful, or violent, and where polluted air causes asthma in youngsters. 

Our school sites are precious and irreplaceable. They should not be diminished, developed, or leased for other than school purposes. We can use underutilized classrooms for reducing class size, for after-school and tutoring programs, teacher centers, flex space, pregnant minor programs, adult education, senior and exercise programs, and so forth. We should preserve all current school recreational areas for students. We do not have excess open space in our schools, and students need ample space for sports and recreation. School properties are a public trust issue. 

I support Measure B on the ballot, a two-year “bridge” measure mostly for reducing class size in grades four through 12. But this is another parcel tax, which will unfairly burden homeowners and businesses. In 2006, perhaps we can finance the next “Measure B” with a small tax on “think drinks” like coffee and lattés. I’m willing to go to Sacramento if necessary to change the law. Sadly, it appears to me that the school budget was balanced by increasing class size. If you agree, please vote YES on B for the kids, and NO on the School Board incumbents. 

Comprehensive High School and Academic Choice—YES! Excellent small schools like the Computer Academy and Independent Study—YES! Build bridges between the large and small schools by encouraging an open door policy for students and a part-time expert teacher exchange between programs. 

Schools/ city partnerships (Community Centers)—NO! Our schools have problems to solve and divisive politics to diffuse. The city would make both worse. 

I am an independent and not beholden to Berkeley's powerful political interests. Beware of the rumors and last minute attacks on me and on other independent candidates who dare to stand up against the political machine.  

I have lived in Berkeley for 35 years. I have a degree in Zoology, was capped as a nurse, and have been a public school teacher. I’m a mother, grandmother, environmentalist, whistleblower, and do-gooder.  

Please message me with your questions or concerns at 549-1840, or visit my web site at www.merriliemitchell.org 

P.S. While there has been some improvement, we must have zero tolerance for violence and bullying by Berkeley High students, both on campus and in the community. 

—Merrilie Mitchell 

›

I believe improving our educational system must be a top priority in our communities. We need good, dedicated School Board members who are committed to the institution of public education, to inspire our children and to build a better future for ALL young people. That is why I am running for re-election to the School Board. 

Education has always been especially valued in my family. Both of my parents were public school teachers. They taught me the value of a good education, and this is a lesson that I have always kept close to my heart and has served as an inspiration in my life. 

I attended public schools from my first day in kindergarten to the day I earned my Masters Degree in Chemistry at U.C. Berkeley. I feel very fortunate to have received a good, solid education that allowed me to become a teacher. From the very first day I took office I have been working hard to provide the same type of first-rate education I received for ALL of our young people so they can meet the challenges of the future. In addition to serving on many district-wide committees, I have helped shape education policy at the state level through my involvement with the California School Boards Association. 

I am proud of our district’s progress over the years I have been in office. The last four years were very difficult. Faced with reductions in state funding, declining enrollment and increased labor and supply costs, we were forced to make difficult cuts in order to balance our budget. As board president I led us head-on through these challenges, and we adopted a three-year fiscal recovery plan that balanced our budget, avoiding a state takeover, an unfortunate situation that occurred in neighboring districts such as Oakland and Emeryville. Despite these difficult times, we adopted policies and programs that are improving student achievement. I am particularly proud of the key role I played in the funding, implementation and expansion of the district’s literacy plan. 

Closing the achievement gap has been a top priority for me as a board member. Results over the last five years indicate that we have made considerable progress in closing the achievement gap for African American, Latino and low-income students at all elementary schools. This was accomplished through my focus on implementation of strategies to help all students succeed at the elementary grades. Together with a group of parents, administrators and teachers, we developed a comprehensive K-5 literacy plan that served as the catalyst for reform at the elementary schools. In addition to the safety net Reading Recovery (Descubriendo la Lectura for Spanish speaking students), this plan includes literacy coaches and professional development for teachers, reliable student assessments, and accountability. 

Other successes during my tenure on the board include: strengthened fiscal accountability, successful defense of our school integration program, approval of a small schools policy for BHS, hiring of an outstanding high school principal, and successful renovation of facilities. 

Although there is still much to do, I believe we have laid a solid foundation to make our district the best in California. My goals for the next four years include: 

—Development and implementation of a strategic master plan to provide Berkeley students a world-class education 

—Expansion of the successful programs at the elementary schools to the middle and high schools 

—Adoption of new strategies to close the achievement gap while improving the academic performance of all students 

—Increase of parental access to and involvement in their children’s education 

—Fiscal accountability 

—Site accountability for their student achievement plans 

—Quality professional development for teachers to ensure they have the skills necessary to be successful in the classroom 

We need the proven, experienced, knowledgeable and committed leadership that I can provide in order to accomplish these goals and to continue moving the district in the right direction. 

It has been an honor to represent you on the School Board. I continue to listen with an open mind and attempt to find the best solutions for all students. I have been endorsed by the Alameda County Democratic Party, Berkeley Democratic Club, National Organization for Women, Senator Don Perata, School Board Directors Shirley Issel and Nancy Riddle, former School Board Directors Pamela Doolan, Lloyd Lee, Miriam Rokeach (Topel), Ted Schultz and Elizabeth Shaughnessy, City Councilmembers Mim Hawley, Betty Olds, Dona Spring and Gordon Wozniak, former Mayor Shirley Dean, Alameda County Superintendent Sheila Jordan, and Alameda County Board of Education Trustee Jacki Fox Ruby, among others.  

Please join me as I continue to work to improve the educational quality of our schools and the fiscal accountability of the district. I have devoted my professional life to serving public education, and I will continue these efforts as your board representative. 

—Joaquín J. Rivera 

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I am Kalima Rose, a parent of two Berkeley school students, and a CAL alum.  

I’m running for School Board because all of our students deserve a richer educational experience. Berkeley was proud to be the first school district to voluntarily desegregate in the 1968. We can once again be just as proud by ensuring the individual and collective academic success of all of our students. 

A persistent education gap thwarts our success. The science scores of African American and Latino students hover at 25 percent of proficiency, while white students score at 73 percent. Six schools (Cragmont, Jefferson, Rosa Parks, Arts Magnet, King Middle School, and Berkeley High) did not meet 2003 comparable improvement or school-wide growth targets, primarily because of the wide gap in scores between White/Asian students and Latino/African American students. 

I know that none of us want our children educated inequitably. To change our existing course, we need leadership on the School Board that can focus our resources on satisfying the community’s twin values of academic excellence and equity. This requires not only a willingness to reach out to the entire community to develop an understanding of community needs and desires, but also the skills and capacity to create and implement a plan that can meet those desires.  

My number one, URGENT goal is raising academic achievement levels for all students. I will work to create an inclusive academic achievement framework for all grades. It will set benchmarks and give teachers the support they need to teach. This framework will require a balanced community process that will rely on data for decision-making. It will include systematic interviews and analysis with principals, teachers, parents and students. It will use outside experts and draw collaboration from diverse UC, local and national partners. This framework will guide future resource allocation decisions. Congresswoman Barbara Lee’s endorsement demonstrates her confidence that Karen Hemphill and I can accomplish this goal. 

Second, I will focus on making schools to meet the needs of all students and their teachers. With other parents, students, teachers, administrators, and community partners, I have played a leadership role in establishing the process that is now transforming Berkeley High. These efforts are better engaging our kids. They model some of the most sought after private school practices: well-attended classes, close working relationships between faculty and students, internships, service learning placements, and international exchange programs. They are producing broadly successful and college-bound students-students with a lived experience of diversity. By next year, we will offer students this engagement in an arts school, an ecology school, a media school, a community partnerships school, or the large school. The Berkeley teachers’ union (BFT) endorsement shows their confidence in our 12 years of productive working relationships. 

My third goal is to bring new resources into the district from philanthropic sources and through partnerships with other agencies and businesses. I have already helped raise over $1 million for these efforts. This practice of building and maintaining partnerships with the university, city, foundations, and businesses must become a cornerstone for the board to build the future stability of the district. My broad community endorsements demonstrate the rich possibilities for partnership. 

Despite their rhetoric, neither incumbent has shown the ability to work with the many school communities during their terms on the board. Their records (and our children’s report cards and experiences) demonstrate a focus on individual programs and non-academic interests. Latinos Unidos, an organization uniting community service groups, recently published: 

"Closing the gap does not appear to be an urgent priority for the district nor for the two school board members who are up for re-election—Selawsky and Rivera. What they do offer is ill-informed and piecemeal. Their track record demonstrates it...We are convinced that Karen Hemphill and Kalima Rose are the best choice this time around."  

I have served on many formal school site, district committees, and research teams in the past 12 years. As a senior professional for PolicyLink, the Ms. Foundation, and the Tides Foundation, I have developed and implemented policies advancing affordable housing, community development, and civil rights for almost 20 years. I know how to scrutinize public budgets, develop organizations, raise resources, and get results.  

Please join these community leaders in voting for me: Congresswoman Barbara Lee; Berkeley Federation of Teachers; Supervisor Keith Carson; Berkeley Council members Linda Maio; Margaret Breland; and Mim Hawley; School Director Terry Doran; NOW; National Women’s Political Caucus; Cal Democratic Club; Paul Wellstone Democratic Club, Fr. George Crespin; Michael Miller; Victor Cary; Santiago Casal; Beatriz Leyva-Cutler; Jean Yonemura Wing; Tracy Matthews, Netsy Firestein, Irma Parker; Alexis Adorador; Dena Belzer; Ann-Marie Callegari; Steve Rasmussen & Felicia Woytak; Phil Catalfo; Stephanie Allan; Ilene Abrams; Carol Wilkins; Mario Rivas; Barbara Coleman; Iris Starr; denise brown; Lisa Bullwinkel; Wanda Stewart; Joe Brooks; Angela Blackwell; Jim Grow. 

—Kalima Rose 

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I am running for a second term for the Berkeley School Board. It has been a privilege to serve you these last four difficult years; I look forward to serving you another four. I was the only new boardmember when I assumed office in December 2000. I immediately started asking the hard questions. Superintendent McLaughlin would leave by Feb. 1, 2001, and left the district with several administrators in the wrong position or in over their heads, and fiscal, payroll, budget, and personnel systems in complete disarray. We hired an interim superintendent, Steve Goldstone. For several months we conducted a search for a permanent superintendent, eventually hiring Michele Lawrence in July 2001. During the first months of my term we discovered a budget deficit estimated at five to six million; estimated because there was no confidence in the ability of our business office at that time to generate accurate numbers. I am not exaggerating when I say the entire business operations had been neglected, abandoned, and mismanaged for years. 

Facing the imminent prospect of state takeover, we adopted a three-year recovery plan, realizing that making drastic cuts in only one or two years would create unacceptable loss of program. The Fiscal Crisis Management Assistance Team (FCMAT) came in as an advisory auditor to independently monitor our progress. We recently received a positive certification for our 2004-05 budget, and the next two years, by the Alameda County Office of Education because we have successfully completed our three-year recovery plan. 

While all this was occurring, while Superintendent Lawrence and the board ensured that business and budget systems were rebuilt, while the district successfully converted to a better suited data-processing system, while we improved the payroll department, instituted position control, and implemented district-wide evaluations for all staff for the first time in years, I did not lose sight of our educational and instructional needs. In fact I have spent countless hours in meetings and discussions with parents and staff about our classroom needs, about ways in which we can improve our early literacy program, our library services, our music and arts programs, our dual-immersion program, and the high school program. I have monitored not only our budgets but our test scores, our self-assessments, and evaluations. I have frequently and regularly visited our early childhood centers, elementary, middle, high schools, and adult school. I attend meetings with Mayor Bates, city councilmembers, and district and city staff. The people I have worked with the past four years (and more) have overwhelmingly endorsed my re-election; from the arts and music community(Bonnie Hughes, Susan Medak, Barbara Oliver, Michael Kelley, Jesse Anthony, Karen McKie, and Michele Rabkin) to city library staff and boardmembers (Jackie Griffin, Alan Bern, Terry Powell) to Alice Waters at the Chez Panisse Foundation, Zenobia Barlow at the Center for Ecoliteracy, to elected officials such as State Senator Don Perata, County Superintendent of Schools Sheila Jordan, Mayor Tom Bates, School Board Vice-President Nancy Riddle, and School Board Director Shirley Issel, and councilmembers Maio, Shirek, Spring, and Worthington. 

Since my election to the board, test scores, as indicated by the state API, have increased significantly in every one of our elementary schools. In the past month BUSD has been named along with the City of Berkeley as the top ranked city/district in the state in teen services, and has been rated the number one district in the nation on improvements and innovations in school 

lunch program (the Golden Carrot award). I have worked to implement standards-based solar curriculum in our elementary schools, have worked with community members and city staff to implement school traffic safety practices at our schools, have prioritized emergency preparedness, anti-bullying, and am working to ensure the Alternative High School has a top-quality lunch and breakfast program as well as a physical education program. We have stabilized leadership and the environment at Berkeley High, and we successfully defended an attack on our student assignment policy by the Pacific Legal Foundation in California Superior Court. My goal as a boardmember is to improve our district, in all areas, and to make it the best school district in the state. The district has vastly improved in many, many areas since I took office four years ago. Help me build and add to that improvement in the next four years. As the parent of a son, now a senior at Berkeley High, who has seen every level of our schools and has worked since the early 1990s to support and improve our schools, I can offer you my experience the past four years, and my dedication to the health, safety, and educational needs of all of our children. I am a very hard working boardmember on a hard working board. Please also support Measure B, which will add essential classroom and library services to all our schools. 

—John Selawsky 

George W. Bush has been good to me. To call him my savior would be overstating the case, but not by much. I was drifting, with little sense of direction or purpose, when he came to me and showed me the way. It will be difficult to vote against a man who has given me so much. 

As a political cartoonist, it is my job to dwell on the negative, and President Bush has provided me with a seemingly bottomless well of negativity. All I have to do is reach down with cupped hands and drink my fill. A good cartoon channels the artist’s outrage over hypocrisy, arrogance, incompetence and injustice into a clear, simple image which indicts the perpetrators and calls them to account. And I can’t imagine a better muse than George Bush. 

Not that John Kerry wouldn’t provide plenty of fodder, should he be elected. The man’s hair alone is worthy of satire. And with that elongated face and those sad hound-dog eyes, the man is a veritable anthology of caricature clichés.  

And his politics, of course, would provide ample material; it is a testament to the extremism of Bush’s policies that Kerry is in many quarters considered liberal. The New Democrat mentality, once Republican Lite, has been redefined as leftist, and leftist redefined as radical. More troops in Iraq; a harder line against Palestine; a pandering “right into the camera” pledge of no new taxes on a middle class redefined as those making less than $200,000—if this is liberalism, perhaps it’s time I trade in my beard for a hammer and sickle.  

So in a sense, I can’t lose; the field of candidates guarantees me some measure of job security. But George Bush is special. What’s bad for the country is good for the cartoonist, and Bush is evidently steadfast in his determination to revitalize the art of political cartooning.  

When I began my post-collegiate cartooning career, the nation’s biggest scandal, speaking figuratively, was in Bill Clinton’s pants. And that wasn’t a topic I found particularly inspiring.  

Otherwise, things were pretty dull—it was a time of relative peace and prosperity, with most of the public debate centered on an absurd and petty soap opera of sex, lies and Linda’s Tripp wire, designed to send the president stumbling into impeachment. This may sound like fertile ground for a cartoonist, and for many it was, but I did not get into this business to make penis jokes. That was, and remains, merely a personal hobby. 

Political cartooning, already on a steady downward path from the heights of Watergate and the Reagan years, had taken another precipitous drop, reducing itself to a series of jokes and one-liners on current events, rather than statements of opinion and principle. Humor, once viewed as just one of many tools in the cartoonist’s toolbox, had become the objective, rendering the editorial cartoon nothing more than a humorous diversion from the serious topics otherwise discussed with sobriety on the editorial page. Editorial cartoonists across the country seemed content to play court jester, attempting to line their pockets with the meager reprint fees shelled out by a nation of editors hell-bent on not challenging their readers. It was difficult enough for me to make my way as a freelancer; I didn’t want to add to the cacophony of trite cartoons vying for the reader’s eye.  

Then the 2000 election fiasco came along and gave me something worth drawing about: fraud, corruption, voter disenfranchisement, stolen elections, a deposed family dynasty on the march. Things were looking up.  

And after the inauguration, the hits just kept on coming: the Healthy Forests Initiative that wasn’t; the Clear Skies Act that didn’t—the Orwellian turns of phrase were abundant, transparent, maddening and inspiring. These were good times. 

Then 9/11 came along, and with it a brief period of national unity, during which many of the nation’s cartoonists embarrassed themselves with fawning portraits of Bush as a giant among men, a bold and statuesque leader who had grown in office—despite the fact that his administration had been caught with its pants down in a position far more compromising than any conceived in Bill Clinton’s naughtiest fantasies. But the love-fest would be short-lived. 

The conventional wisdom was that the 9/11 attacks had changed everything, but its true effects were far more insidious than anyone could have predicted: It transformed the bumbling presidency of George W. Bush into a seemingly unstoppable neo-conservative juggernaut, a focused and determined political machine that would ruthlessly channel the confusion and anguish of 9/11 toward a radical conservative agenda. And it gave me–and political cartooning in general–a second wind.  

The administration used 9/11 to justify a series of outrageous and egregious policies, steamrolling over the Democrats and the nation in pursuit of the neo-con wet dream that had lain dormant for more than a decade, and culminating in the attempt to establish Iraq as a bright shining example of laissez faire Utopia. They demanded the unfathomable and settled for the unthinkable, making Orwell’s nightmares seem like acceptable compromises by comparison. There is no more hospitable climate for a cartoonist. 

And though I’m sure President Kerry could be depended upon to carry the torch and continue much of the ongoing circus of folly and hypocrisy, I’m not sure what will become of me if he doesn’t. If worse comes to worst and I’m left without material, I may just be forced to use my considerable salary to finance another California recall. 

In the meantime, while the optimist in me hopes for change, the opportunist in me is cheering for President Bush. The man came to me in my time of need and he’s given me some good years. And it’s hard to turn your back on a friend like that.  

Justin DeFreitas is the editorial cartoonist for the Berkeley Daily Planet. His work is reprinted in a dozen Northern California newspapers and magazines and online at www.jfdefreitas.com. 

Slogging onward towards Babylon on a diet of fast food politics, I cannot bring myself to wear a Kerry button or put his bumper sticker on my car. I cannot support him, but I would, if I have to, vote for him.  

My law office is on the corner of Woolsey and Martin Luther King, just south of the Ashby BART station. I’ve been here since 1984. Nothing much has changed in those years. The drug deals, the discarded wine bottles, the special enforcement unit rounding up black men at night, the unemployment, the wrenching poverty, the transfer of property from black owners to white—through Reagan, Bush the First, Clinton, and Bush the Second, things have only gotten worse. Throughout all these years the two great parties have served the interests of their corporate masters, the rich have gotten richer, the poor poorer and down in my neighborhood, and in neighborhoods all over the world that I care about—Palestine for one—it has not made, in the words of Alexander Cockburn and the Counterpunch crowd, “a dime’s worth of difference” who’s in power.  

Towering corporate giants dominate the landscape of our lives. At their feet we slither, and occasionally at election time permit ourselves to imagine, like the emperor in the fable, that we are clothed in the garments of citizenship, while in fact we are naked and shivering in their shadow.  

And yet, and yet: It makes a difference which strategy the powers that be, our corporate rulers, adopt in furthering their interests. There’s a difference, to put it in the starkest terms, between fascism and corporate liberalism. And I would rather struggle in the landscape of corporate liberalism than the proto-fascistic, or neo-fascistic or post-modern fascistic moonscape of the Bush administration. 

Perhaps fascism has always lurked beneath the liberal surface of United States politics. But under Bush the Second it has emerged, resplendent and unrepentant. The brazenness of this regime is what distinguishes it from all previous atrocious administrations that have ministered to the whims of their corporate masters. Bush and his crew have discarded all pretense of adherence to universal principles that apply equally to all countries and peoples. The rule of law is for the weak. Girlie-men. Impotent moralizers. The Republicans have mobilized in support of policies dictated by their corporate clients—a fundamentalist nativist, culturally reactionary constituency which hates the modern world for its impieties and promiscuities. They have conjured up a perpetual enemy against whom we must wage war without end at home and abroad. They have legitimized torture. They have fertilized the political landscape with fear and terror, rendering thought all but impossible. They are suspicious of thought which puts fear in perspective, creates distance, and, as reason, strives towards the universal. Thought is their enemy.  

Four more years of Bush scares the bejesus out of me, and there isn’t a lot of bejesus in me to begin with. Therefore, without illusion, I will vote for Kerry, if I have to. A general does not choose a battlefield for the beauty of the landscape but for the advantage it affords the troops who will trample the flowers. We choose to vote for one party’s candidate not because of the beauty of his politics, not to pledge allegiance to him, but because we prefer the terrain of battle his administration may provide.  

I would vote for Kerry even though he might very well make a better custodian of the interests of our corporate masters than Bush. The Bush gang has entangled us in a costly war, which has no legitimacy and from which we cannot extricate ourselves. They have busted the budget, and shredded alliances with longstanding allies. They have provoked an unprecedented world-wide revolt against United States hegemony. They have destabilized the world and conjured up threats to the empire that the more moderate corporate liberalism of the democrats might have avoided. Corporate liberalism, will, if necessary, throw a few scraps to those excluded from the banquet of greed. It will, if necessary, devote a pittance of this country’s enormous wealth to mollifying those who sweat for a living and those who chill on the stoops of the unemployed and increasingly unemployable. It is willing to make gestures of inclusion, incorporating and co-opting potentially progressive forces.  

We need to be concerned, not only with how quickly the system collapses, but also with how it collapses, and how much havoc it reeks in the process. We have responsibility for collateral damage just as armies, lobbing missiles into crowded slums, can not shrug off responsibility for the piles of dismembered corpses, the bloody pulp of the innocent they leave behind. I worry that this fascistic regime, sensing the collapse of its dream of empire, facing a withdrawal of support from capitalist classes world wide and economic deterioration at home, watching its fantasy of cheap oil turning into a nightmare of sabotaged pipe lines might respond like a crazed cornered animal, one that could in fact rend the planet apart with its claws. 

I do not believe that the worse it gets the better it is for us who oppose the system. I distrust our ability to foresee the future. Too often we have predicted prematurely the collapse of capitalism, and it might well be that this blatantly fascistic administration, could lock up possibilities of change for years to come, and we would all be Palestinians, endlessly dreaming of the homes we left behind  

So I will vote for Kerry if I have to. But do I have to? Here’s where it gets tricky. If I were in a swing state there’d be no question. I’d vote for the guy with the horse face. But the polls tell me California is not in play. That means I can keep my hands clean, avoid voting for a person whose policy on Palestine is obscene, and rely on other people with fewer scruples than I have to do the dirty work of voting for Kerry. That doesn’t strike me as a particularly principled position. Is there a principled position on how a progressive person should cast a vote for president in California vote? One school of thought counsels us to consider the counterfactual “if.” in determining the morality of an action. We should ask: “If everyone acted as I did, then what kind of a world would we have?” I don’t subscribe to that school. If everyone farted at the same time we would have a very smelly world. So what? If everyone voted for Ralph Nader, or David Cobb, or Leonard Peltier there’d be a revolution. That’s not going to happen. The value of our actions can not be divorced from their consequences. Does the size of the vote for Kerry in California matter as long as he wins? I’m not sure it does. Is there a practical value in casting a protest vote for a sure looser? Is it the seed out of which a movement can grow? I doubt it. Does it send a message? Not very far. In these circumstances, and because I am unwilling to rely on other people doing for me what I am unwilling to do for myself, I will—nose firmly held—vote for Kerry.  

And if he’s elected, I will breathe just a tiny bit easier for a day, and then begin painting picket signs denouncing his policies. 

La Lucha continua!  

The struggle continues. 

i

Editors, Daily Planet:  

At a newspaper endorsement meeting last week regarding Measure B, I finally met the lead ballot signer against the measure and letter writer to the Planet, and now comprehend how she and associates could make arguments that so misunderstand Measure B. Let me clarify the issue. 

She was led to believe, incorrectly, that Measure B was an end run around BSEP's democratic institutions—a power play by school officials to overturn BSEP. She mistakenly thought that Measure B would replace BSEP rather than just supplement it for two years, until a new BSEP comes before the voters in 2006. She was concerned that Measure B would abolish BSEP's elected Planning and Oversight (P&O) Committee and not have its own appropriate citizen oversight.  

Her concern for maintaining democratic institutions are important and ones I share, but they have nothing to do with Measure B.  

As we've tried to make clear, Measure B does nothing to BSEP. Every aspect of BSEP remains untouched until the current BSEP ends in June 2007. This includes the elected school site committees (I’m a member) as well as the elected P&O Committee (which I co-chair). Moreover, Measure B explicitly calls for a Planning and Oversight Committee. 

Where the confusion apparently arose is from the language of Measure B. Measure B states: “The district shall assign an Oversight Committee the responsibility to monitor the expenditures of the monies generated from this Measure.” She read this to mean that the district would appoint its own overseers rather than an independent citizen’s oversight group like BSEP’s P&O committee. In fact, the Board publicly stated that they intended the BSEP P&O Committee to oversee the measure and that they would “assign” this responsibility to the P&O committee. 

Why didn’t the board just say what they meant? When the final Measure B language was drafted, one board member (a stickler for proper legal procedures—a good thing) pointed out that current BSEP by-laws didn’t mention Measure B and would have to be modified to allow for this additional P&O role. It was her view that the language should not specifically mention the P&O committee until the by-laws were changed (following approval of the measure). As a result, while the board publicly stated that they intended the BSEP P&O Committee to oversee the measure, they left in the general language to meet this legalistic by-law argument. 

Bottom line: (1) there is no end run around BSEP; (2) there is no disagreement about oversight of Measure B. BSEP will continue as is until it comes before the voters in 2006 for reauthorization. The elected P&O committee will be the oversight committee for Measure B.  

Unfortunately, no one anticipated the possibility of confusion on this point. 

Measure B is the one chance we have to reduce class sizes, staff school libraries and resuscitate our music program. Vote Yes on Measure B. 

Dan Lindheim 

Co-Chair, BSEP Planning and Oversight (P&O) Committee 

Co-Chair, Yes on B Campaign 

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The real debate story was not President Bush’s poor performance or the fact that John Kerry’s skill changed the dynamics of the election. What will be discussed long after the election is over, and these events fade in our memories, is the fact that Bush agreed to the debates at all. 

Coming into the debates the Bush campaign had momentum and the president led in all the polls. Now these advantages are gone; the race is even and Kerry has retaken the momentum. Give this abrupt turn of events it’s useful to question why Bush took the risk of debating Kerry. It’s not like he had to.  

One week before the first debate, the Bush campaign had not agreed to participate. There were rumors that Karl Rove, and other key Bush advisers, were scurrying to find an excuse for backing out; for example, a new terrorist alert that would justify Bush retreating to an undisclosed location to direct the defense of the nation. There was historical precedence for this expectation; in Bush’s second campaign for governor of Texas, where he ran against Democrat Garry Mauro, George W. resisted debating until the last possible moment—when his victory was assured. But in this instance, the Bush campaign agreed to three 90-minute debates after negotiating terms that they thought would favor the president. 

Given the cloak of secrecy that shrouds all aspects of the Bush regime, it is doubtful that we will ever learn the entire story. What we do know is that the Bush campaign made a major political error. They agreed to have the president debate a challenger who was widely reputed to be the finest debater in contemporary American politics.  

There seem to be three possible explanations for what turned out to be a debacle for the Bush campaign. The first is hubris: Bush and his advisers may have believed that he would prove to be a better debater than Kerry. Perhaps they deceived themselves by remembering his track record; George W. bested both Ann Richards and Al Gore after Bush came into each of those debates a decided underdog. Before the first debate with Kerry there were rumors that the focus had been shifted to foreign policy and national security, because this was, supposedly, Bush’s strong suit. It was reported that Karl Rove felt that George W. would finish off Kerry in this debate. Given the challenger’s decisive victory, this was a monumental miscalculation. 

The second explanation is that Bush entered the debates against the advice of Karl Rove and Karen Hughes and other campaign insiders. They may have warned him that he would be overmatched and therefore should avoid what would likely be a defeat. Perhaps George W. overruled them because he was arrogant due to his success in a score of staged town meetings with the Republican faithful. Bush performed well in this carefully orchestrated format where he was only subjected to softball questions. 

My favorite explanation, for what may well prove to be the pivotal political decision of the 2004 race, is that the Bush campaign made a critical strategic error. After the Democratic convention, Bush supporters orchestrated a sweeping attack on Kerry’s military record with the scurrilous “swift boat” ads and the accompanying book, “Unfit for Command.” This negatively impacted Kerry’s poll numbers overall, and his support among veterans and “security moms,” in particular. However, what initially appeared to be a brilliant strategy had a side effect, it called attention to Bush’s poor military record. Democrats were never fully effective in pointing out that Bush had used his connections to get into the Texas Air National Guard and then had not completed his service obligation after he relocated to Alabama. Nonetheless, the voting public was made aware that the president and his opponent had made two starkly different choices: Bush avoided active duty in Vietnam while Kerry volunteered for combat. 

Thus, what appeared to be an effective negative campaign against Kerry ultimately impacted the decision on whether to participate in the debates. Karl Rove, and the key Bush campaign insiders, probably concluded that if Bush refused to debate Kerry then the Democrats would link this to his service record and accuse him of cowardice. In effect, they were “hoist by their own petard,” as the saying goes; they were done in by the consequences of their own evil doing. 

Rather than risk the negative impact of the president being labeled a coward, the Bush campaign reluctantly agreed to debate the challenger. They then attempted to structure the debates in such a way that would favor Bush, but there was no way to protect George W. from a debater with the skill of John Kerry. It was a monumental miscalculation from a team that hasn’t made very many errors. 

In a couple of weeks we’ll know whether the debates were the decisive moment of the 2004 campaign. In the meantime, it’s encouraging to see the Bush campaign floundering. 

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At its Oct. 12, 2004 meeting, the City Council passed the first reading of a recommendation from the Rent Board for an amendment to the Ellis Implementation Ordinance. The three reasons given for the increase of the fixed relocation payment from $4,500 to $7,000 were: 1) what Berkeley has done in the past, 2) what other rent-controlled communities have done, and 3) analogy to the state and federal eminent domain laws, which are designed to protect the constitutional rights of tenants and others.  

The first two of these reasons are horizontal, while the third is vertical. Just because Berkeley has done it in the past or other communities have done it, doesn’t mean it is legal or constitutional. As for the third reason, the information provided by the Rent Board was essentially false.  

The first false statement was the following: “Thus both the state and federal government currently provide relocation assistance to displaced tenants that is significantly greater than the assistance provided under BMC Section 13.77.055.” 

In fact, neither state nor federal government doles out a fixed amount regardless of entitlement. The payment amount is determined strictly according to the actual value of the leasehold, which is the difference between the rent that the tenant will have to pay (after vacancy decontrol) and the rent that the tenant had been paying (under rent control), with one exception: if the tenant is currently paying more than 30 percent of his or her income in rent, then the payment to the tenant is increased by the difference. This procedure is established unambiguously in 49 CFR 24.402.(b), which is cited, but not adhered to, by the Rent Board.  

The second false statement was the following: “Currently, federal relocation guidelines provide relocation assistance up to a maximum of $5,250 to compensate for the rent increase a displaced tenant is likely to incur.” 

In fact, both state and federal programs are open-ended, as they must be to comply with constitutional requirements. If comparable housing at a comparable rent is not available for any reason, then the evicting agency must provide comparable housing at any cost or forfeit the right of eminent domain. These open-ended programs are established by 42 U.S.C. 4626 and Government Code §7264.5. 

Therefore, the right thing to do is to require the compensation of the tenant for the loss of his leasehold right, to the full extent of its value for 42 or 48 months, as it is done in the eminent domain law. The leasehold right is a very well-established and undeniable constitutional right. On the other hand, there is simply no legal or constitutional ground for giving all tenants who have to move a fixed relocation payment, apart from moving expenses, simply because it is “inconvenient” to have to move. 

The legally valid alternative measure would actually be better for tenants. It would eliminate the most pernicious aspect of the Ellis Act, namely that it can be used to circumvent rent control by threatening eviction and then buying out tenants on the cheap. The motivation for this is to eliminate tenants under original rent control, but their valuable leasehold rights would be protected by the alternative measure. 

Landlords could not retaliate against tenants under original rent control, because they are already in their apartments, but landlords could and would retaliate against the low-income, elderly, and disabled persons, who alone would receive the fixed payment, by refusing to rent to them. Those persons certainly deserve all the money they can get, but it is unconstitutional to turn landlords into welfare agencies—that is the responsibility of society collectively. 

›

Editors, Daily Planet: 

I have lived here for 33 years and have witnessed my much-loved city at its worst and at its best. On Sept. 24, my son Azad Ariel, age 33, died. He was bi-polar and often scared of becoming homeless in this city which he saw as polarized by the very issue that I have committed my life to. He was my guide in so many decisions that I have made to find the best care for those of our sons and daughters who are mentally ill and homeless or near homeless. 

In the outpouring of support for me and his five-year old son Marcus and his soul-mate Stephanie, Berkeley showed its best side. The letters, the flowers, the cards, the phone calls came from all sides of the political spectrum—the anarchists, Democrats, Republicans, Greens, Peace and Freedom, communists. Prayers were said by Buddhists, Christians, Jews, Muslims, Hindus, Native Americans, Quakers, Sikhs, and Unitarians—people of all ages, classes, genders, and colors came together to give my family peace and love, and to say good-bye to a shining light in Berkeley—Azad. 

This was the first time that Azad had registered to vote, and will not be able to cast that vote. His wish for those of us who are going to vote would be that we vote for excellence and not politics, reality not dreams, creativity not mediocrity—his values. 

I deeply appreciate the love you have given us in the last few weeks and after a break to heal and renew, I look forward to working with this city with greater resolve and clearer purpose. 

boona cheema

It’s hard to believe that I was jealous of a man who could not move his arms or legs, or breathe on his own, but I was. You see, in 1995 Christopher Reeve became paralyzed from the neck down, just as my husband Ralph did in a Claremont Avenue bicycling accident in 1994. But Reeve was less fortunate than Ralph. His injury was higher up on his spinal chord, and he was forced to use a ventilator in order to move his lungs. Even so, I was suspicious that because of his celebrity, Christopher Reeve received better treatment from his doctors than Ralph experienced at our HMO.  

Despite Reeve’s obvious physical frailties, and incredible difficulties, I was unjustly angry at him because I knew that in addition to his insurance coverage, he could afford to remodel his home and hire assistants out-of-pocket to provide additional, much needed care. I once saw a photograph of Reeve in a swimming pool surrounded by eight people holding him upright and performing physical therapy. 

Since his accident, Ralph has not been in a swimming pool, in part because I don’t know where I could find eight warm bodies willing to get in the water with him. I reluctantly read Christopher Reeve’s first memoir, envious that he had written a book shortly after becoming disabled. While I struggled with putting sentences together in order to tell my husband’s story, Christopher Reeve’s memoir was already in print and he was working on a follow-up manuscript. 

I learned that when Reeve was transferred from the University of Virginia Medical Center, one of his doctors volunteered to follow him to the next hospital, to ensure that his care was consistent and correct. No doctor at Kaiser has ever followed Ralph anywhere. I concluded bitterly that because of his fame, Christopher Reeve got more attention and superior treatment than other quadriplegics.  

For nine years I have listened for, read about, and watched Christopher Reeves’ battle against quadriplegia. Sometimes I didn’t want to know how he was faring; other times I had a morbid curiosity about his welfare. I looked for his photograph on the magazine rack at the Safeway check-out line, I watched for updates on the evening news about his experimental medical treatments, I stalked his wife when she came to the Bay Area to promote a book she had written about her husband’s situation. I gazed with both horror and fascination when he showed up on the Academy Awards, when his image appeared in an advertisement during the 2000 Super Bowl, when he spoke before congress, acted in movies, and directed a film.  

But this opinion on the advantages of fame and fortune has changed, now that I know that Reeve has died of the same complications most quads succumb to: a pressure wound on his body became severely infected, resulting in a systemic infection. Reeve fell into a coma and went into cardiac arrest. Only at this moment do I fully understand that Christopher Reeve suffered just as much as my husband, and that despite his round-the-clock, professional staff of 12, a fully wheelchair-accessible home, and a fan base of thousands praying for him, he is dead and my husband is still alive.  

Years ago, a live-in attendant who took good care of Ralph, (despite a minor crack habit and severe gambling problem) tried to sell me a bag of chicken wings he had either stolen or found on the street. When I told him no and lamented that Mrs. Reeve didn’t have to put up with such ludicrous and ridiculous behavior, he said, “You don’t appreciate nothin’ I do for you or Ralph.” It has taken the death of Christopher Reeve, a courageous man, to make me appreciate the things that I have.  

3

26. Education for All 

One purpose of the U.S. Constitution, found in the Preamble, is to “promote the general Welfare.” In 1979, Congress echoed these words in its passage of the United States Department of Education Organization Act, to establish a Department of Education so as to “promote the general welfare of the United States, [to] help ensure that education issues receive proper treatment at the Federal level, and [to] enable the Federal Government to coordinate its education activities more effectively.” 

The right to education includes the right to attend high-quality public schools (K-12), including in low-income neighborhoods, community colleges, efficient facilities for training and rehabilitation of first offenders and parolees, and workable schools for disabled students. 

Report 26.1 

Budget Cut 475,000 Kids Out of After School Programs (Jesse Jackson, “In Rush to Rebuild Iraq, Bush Leaves Poor Children Behind,” Chicago Sun-Times, Sept. 30, 2003, p. 33.) 

Report 26.2  

Funding Cut for Ghetto Schools, Community Colleges (Committee on Education and the Workforce, “FY2004 Bush Budget Shortchanging Education Reform,” U.S. House Representatives, Feb. 3, 2003.) 

Report 26.3 

Funding Cut for Training, Rehabilitation, and Special Education (“FY 2004 ED Budget summary: Programs Proposed for Elimination,” U.S. Dept. of Education, Feb. 3, 2003.) 

Report 26.4 

D.C. Schools Run by the Federal Government (“Protecting Quality Public Education -- The Issue: D.C. Vouchers,” People For the American Way, March 10, 2004.) 

Report 26.5 

Bush Administration Promotes Religious Education and School Vouchers (Committee on Education and the Workforce, “Bush Administration Cuts Public School Funding to Pay for New Private School Voucher Scheme,” U.S. House of Representatives, Feb. 3, 2003.) 

Report 26.6 

Bush Jeopardizes Programs against Gender Discrimination in Schools (“Legislative Update Special Report: Bush Commission Weakens Title IX in Sports,” NOW.org, Feb. 2003.) 

27. Environmental Protection 

9/11 in one morning created an environmental disaster for many years to come, and human disasters without end. 9/11 changed many Government policies. It did not change the policies of the Bush Administration concerning environmental protection. 

In February 2004, twenty Nobel laureates, 19 recipients of the National Medal of Science, and 20 other prominent scientists, issued a statement. 

They detailed examples of the Administration’s relentless abuse of science: censoring Government studies, gagging agency scientists, refusing to confer with or ignoring independent experts, misinterpreting information to fit its predetermined policy objectives, appointing unqualified and industry-connected individuals to federal advisory committees, and disbanding those government panels for offering unwanted information. (“Scientists Accuse White House of Distorting Science for Political Gains,” National Resources Defense Council, February 18, 2004; Bruce Barcott, “Changing All the Rules,” New York Times Magazine, April 4, 2004.)  

In the face of all of these challenges, Julia Butterfly Hill and others have taken to the trees. Concerned environmentalists are increasingly joining forces with concerned immigrants’ rights advocates to preserve natural resources, including human beings.  

All the numerous paths for action require a little training in how to be an effective lobbyist for preservation of all natural resources, and how to help the media give coverage of events as they are happening, so that catastrophes can be averted. 

Report 27.1 

Bush Charged with Replacing Government Science with Corporate Science (Robert F. Kennedy, Jr., “The Junk Science of George W. Bush,” The Nation, March 8, 2004.) 

Report 27.2 

U.S. Department of Energy Weakens Standards for Nuclear Waste Storage (“Bush cleanup plan could leave behind more nuclear waste,” Natural Resources Defense Council, July 19, 2002.) 

Report 27.3 

Bush Administration Cut Clean Air Act Protections; EPA Leader Resigned (Christine Kraly, “Study: EPA Knowingly Underreports Toxic Air Emissions from Refineries” Galveston Houston-Association for Smog Prevention, June 22, 2004.) 

Report 27.4 

Bush Administration Ignored Global Warming and the Kyoto Protocol (“Secret Pentagon Report Details Global Warming Threat,” National Resources Defense Council, Feb. 22, 2004.) 

Report 27.5 

U.S. Inaction on Global Warming Threatens Inuit Cultural Extinction (Paul Brown, “Global Warming Is Killing Us Too, Say Inuit,” The Guardian, Dec. 11, 2003.) 

Report 27.6 

U.S. Military Ignores Environmental/Cultural Standards in Hawaii (“Community Impact Statement on the Stryker Brigade Combat Team,” DMZ Hawaii Aloha Aina, July 6, 2004.)  

Report 27.7  

U.S. Further Endangers Endangered Species (Letter from Jane Goodall and 358 other scientists to Chris Nolan, Chief of the Division of Conservation and Classification of the U.S. Fish and Wildlife Service, March 4, 2004.) 

Report 27.8 

U.S. Farm Subsidies Are Starving the World (World Bank Press, “Aid Irrelevant Unless Rich Countries Cut Subsidies,” World, Oct. 11, 2002.) 

Report 27.9 

Bush Administration Allows Concentrated Animal Feeding Operations Unabated (“Pollution from Giant Livestock Farms Threatens Public Health: Waste lagoons and manure spray-fields—two widespread and environmentally hazardous technologies—are poorly regulated,” National Resources Defense Council, July 24, 2001; “EPA Secretly Considering Amnesty for Livestock Farm Polluters,” National Resources Defense Council, May 05, 2003.) 

To be continued... 

Berkeley resident Ann Fagan Ginger is a lawyer, teacher, activist and the author of 24 books. She won a civil liberties case in front of the U.S. Supreme Court in 1959. She is the founder and executive director of the Meiklejohn Civil Liberties Institute, a Berkeley-based center for human rights and peace law. 

Contents excerpted from Challenging U.S. Human Rights Violations Since 9/11, edited by Ann Fagan Ginger (© 2004 Meiklejohn Civil Liberties Institute; Prometheus Books 2005) Readers can go to www.mcli.org for a complete listing of reports and sources, with web links.

G. B. Shaw famously quipped, “Those who can, do, and those who can’t, teach.” He obviously had never met anyone like Jerry Kuderna, for whom the acts of performing, teaching, and learning blend irresistibly, growing from the same root of almost religious devotion. 

Most people who have attended his piano concerts have their favorite stories of his concern that we get the best possible listening experience: “Now, this phrase, I’ll play it for you, get that? It will recur at the start of the second movement, and there’ll be a little breath of it at the end—like this. It’s amazing! Listen for it.” 

Then there are stories of his unflappable absorption in the music, as when, during one concert, loose sheets of music fell and scattered all around him on the floor. Jerry, of course, went on playing as audience members scrambled to pick up the pages and place them in front of him again. People attend his classes year after year—I heard one of them describe himself, with a laugh, as “part of Jerry’s cult following.” 

Kuderna’s teaching instincts go into reviews he writes of other performers, into his serving as one of the judges at the Junior Bach Festival (2002), into his DVC classes and his DVC Emeritus College classes, and into their off-shoot private classes. His performing goes beyond his frequent solo concertizing here, to solo work with the Berkeley Symphony Orchestra, to playing music for a film (whose title he can’t quite recall) made by Xiao-Yen Wang. 

Jerry was born in Chicago, but has been all over the map of the U.S. ever since. He spent his childhood in Modesto, went east at 16 to study at Julliard, then back to the San Francisco Conservatory of Music, then back east to teach at Princeton, then later at Louisville University. He completed his Ph.D. at New York University. In 1980, it was back to Modesto again (where he still has family), then to Berkeley, his base since 1992. 

At DVC Jerry teaches classes titled “Music Literature,” which fulfill part of the English requirement. He invites students to express in narrative, in images, and in stories whatever they hear in the music. “Other teachers tell me, you don’t have to assign papers—give a multiple-choice exam! But I treasure these extraordinary written responses. They inspire me!” 

Through the DVC Emeritus College, which meets in various locations off-campus, he teaches courses like (currently) “The Magic of Opera.” When I mention a friend of mine who has become a long-term student-disciple, he says, “Ah, yes, Janet, a great person. You know, the class she was taking started from DVC Emeritus, but then the place where we met wanted rent, and DVC couldn’t pay. The class almost folded because, you see, I need the right kind of space, and a good piano. Janet took it upon herself, and got us invited to use Saint Paul’s Episcopal Church in Walnut Creek, where they have a wonderful Baldwin.” There, Kuderna teaches a class titled “Piano Literature.” He laughs. “A pretty open-ended title, so I can change all the time, from one composer to another, whatever strikes me.” 

I asked what he thought was the source of the energy that sustains his long-term enthusiasm for performing and teaching. He hesitated for a moment. “You know, the great composers were and are modestly aware of their music as a live thing passing through performers to listeners. A live thing,” he emphasizes. “Ephemeral, but alive. It passes through me to listeners. Then the listeners pass their response, their feelings back to me. It’s a mutual process of nurturing.” 

He pauses, then says, “Do you know that wonderful line of Whitman? ‘The teaching is to the teacher, and comes back most to him, it cannot fail.’ That’s it.” 

Jerry Kuderna has been playing noon and afternoon piano concerts for the Berkeley Arts Festival. His next concert, on the fabulous 10-foot Fazioli piano loaned by Piedmont Piano to the Festival, will be music by Frederic Mampou (1893-1987), four series of short pieces that Jerry calls, “music of silence, music of quiet. Mampou wrote these in the 1960s. Imagine, he was pushing 80. All his life, stripped of any ego or ambition or vanity, went into them. Mampou described them as having ‘no air or light, emotion in secret. . .reaching not to the heights but . . . to the profound depths of . . .’”  

I couldn’t manage to set down the entire quotation, but, not to worry, Jerry will recite it to us before he starts playing on Sunday, Oct. 24, 3 p.m., Berkeley Arts Festival Gallery, 2324 Shattuck Ave. 

When Sana Makhoul started studying for her master’s degree in art history at San Jose State University, she noticed that her native Arab culture was either unexamined or misrepresented in all the books she used for class and decided to find out why. 

After two years chronicling the history of art portraying Arabs and Muslims, from 19th Century paintings to modern movies, she’s put together a show called Somewhere Elsewhere, which opens today (Tuesday) at UC Berkeley’s Worth Ryder Gallery. 

The show features eight different Arab and Iranian artists who work in various art genres including painting, sculpture and film. Each artist’s piece is meant to confront stereotypes and misrepresentations about Arab and Muslims in the Middle East. 

“I decided [that] instead of writing another thesis to sit on the shelf I wanted to do something that I could interact with,” said Makhoul, an Arab-Palestinian who grew up in Israel. 

Makhoul said her research was heavily influenced by Edward Said, and especially by his book, Orientalism, about the assumptions and inaccuracies in some Western portrayals of the Middle East. Said, a Palestine-American professor of comparative literature at Columbia University, died last year. There will be a screening of a movie about Said as part of the show. 

Many of the pieces in the show look at stereotypes about the Middle East. Others examine the particular forms of discrimination that Arabs and Muslims faced after Sept. 11. 

In one of her sculpture pieces, Iranian artist Haleh Niazmand places several circular pieces on the wall, each with a small picture of a woman’s body part. They are meant to represent peep-holes through which the western world sees women. 

“We are very used to a fragmented view of women,” said Niazmand. Western advertising has reduced women to their individual body parts, she said. This is also the case when Westerners consider the plight of women in the Middle East, she said, such as when people assume that veils are ubiquitous and must be a form of oppression. Niazmand said those assumptions are incorrect and a second sculpture by her mocks that notion by showing the bodice of a woman that is covered by a veil. 

Another piece of Niazmand’s is a sculpture of a vagina. She says it depicts Westerners' obsession with virgins in the Middle East. 

“There are a lot of assumptions,” said Niazmand. “The traditional notion that the girls in the Middle East have to be virgins until the time of their marriage, it’s a stereotype.” 

Dorris Bittar’s two paintings in the show both use the American flag as their background with patterns and images imposed on them. In one, “Stars and Stripes: From Zaragosa to Shiraz,” Bittar paints the flag with patterns associated with the Middle East, using an Islamic design from Zaragoza, Spain, as well as a design from Shiraz, Iran. 

The piece forces the viewer to acknowledge the diversity of the Middle East, said Bittar, who is Lebanese but was born in Iraq and now lives in San Diego. The different patterns are proof of a geographic diversity and an artistic diversity, which contradicts the one-dimensional image of an “Arab” or the “Middle East.” 

The backdrop of the American flag is meant to show America’s own emphasis on diversity, Bittar said. 

“I wanted to put the most starred and striped culture, which is the Middle Eastern culture, with the most patterned flag in the world and draw similarities about how they have dealt with diversity,” she said. 

Some of the pieces are narratives but are also open for interpretation. Abdelali Dahrouch’s “Yellow Citizen” is a multimedia piece that shows images of Japanese people in internment camps during World War II and images of Arabs and Muslims after Sept. 11. The juxtaposition, he said, is meant to remind the viewer that the United States often forgets its own history. 

But beyond the connection, Dahrouch leaves the rest up to the viewer. 

“I want a space where those connections are manifest,” said Dahrouch, not “didactic.” Dahrouch was born in Algeria, grew up in France and moved to United States about 20 years ago. “I like to create poetry through my art with that ambivalence.” 

›

TUESDAY, OCT. 19 

EXHIBITION OPENINGS 

“Somewhere Else” An exhibition of contemporary Middle Eastern artists. Reception from 4 to 7 p.m. Worth Ryder Art Gallery, 116 Kroeber Hall, UC Campus. 642-2582.  

FILM 

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

READINGS AND LECTURES 

Writers Harvest Readings by Tobias Wolff, Gail Tsukiyama, and Jervey Tervalon at 7 p.m. in the Student Union at Mills College. Donation $5-$20. Benefits the Alameda County Community Food Bank. 430-3250. 

Glenn W. Smith introduces “The Politics of Deceit: Saving Freedom and Democracy From Extinction” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Ernesto Quióonez talks about the gentrification of Spanish Harlem in “Chango’s Fire” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Wayne Bernhardson introduces “Moon Handbook: Argentina” at 7:30 p.m. at Easy Going Bookstore, 1385 Shattuck Ave. 843-3533. 

MUSIC AND DANCE 

“The Songs of Donald Rumsfeld” with Bryant Kong, composer and pianist, and Ellender Wall, soprano at 8 p.m. at Berkeley Arts Festival Gallery, 2324 Shattuck Ave. Tickets are $10. www.berkeleyartsfestival.com 

Gator Beat at 8:30 p.m. at Ashkenaz. Cost is $9. 525-5054. www.ashkenaz.com 

Jazz House Jam at 8 p.m. at The Jazz House. Donation $5. www.thejazzhouse.com 

Madeleine Peyroux at 8 and 10 p.m. Yoshi’s at Jack London Square. Cost is $10-$16. 238-9200. www.yoshis.com 

Peter Barshay & Murray Low at 8 p.m. at Downtown. 649-3810. 

WEDNESDAY, OCT. 20 

FILM 

Fiercely Primitive: Guy Maddin “Nightmare Alley” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

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

Jennifer Traig describes “Devil in the Details: Scenes from an Obsessive Girlhood” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

As’ad AbuKhalil discusses “The Battle for Saudi Arabia: Royalty, Fundamentalism, and Global Power” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

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

Lit Glass Presentation by artist Eliot K. Daughtry at 6:30 p.m. at 2540 Barrett Ave., Richmond. 620-6772. www.therichmondartcenter.org 

MUSIC AND DANCE 

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

Billy Dunn & Bluesway at 9 p.m. at Ashkenaz. Cost is $9. 525-5054. www.ashkenaz.com 

Erik Jekabson Trio at 8 p.m. at Jupiter. 848-8277. 

Bluegrass Concert Benefit for Allison Fisher at 8 p.m. at Freight and Salvage. Cost is $17.50-$18.50. 548-1761.  

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

Josh Workman at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10. 238-9200.  

THURSDAY, OCT. 21 

EXHIBITION OPENINGS 

Bella Feldman and Katherine Westerhout, sculpture and photography. Presentation by the artists at 7 p.m. at the State Office Building Atrium, 1515 Clay St. 622-8190. www.oaklandculturalarts.org 

“Threshold: Byron Kim” Guided tour at 12:15 p.m. and 5:30 p.m. at Berkeley Art Museum, 2626 Bancroft Way. 642-0808. www.bampfa.berkeley.edu 

“Casting Pebble, Flying Kite” Reception for artists Joyce Hsu and Chen-Ju Pan at 5 p.m. at 555 12th St., Oakland. Exhibition runs to Jan. 5. 238-6836. 

“l'Art de Vivre” Sculptures, bronzes and ceramics by Khalil Bendib. Reception at 5 p.m. at 340 Stephens Hall, UC Campus. 642-8208. 

FILM 

Documentary Voices: “In the Name of God” at 7 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

“The Power of Giving” with artists W. A. Ehren Tool, Fariba Safai and Ashley Smith at 7 p.m. at the Berkeley Art Center, 1275 Walnut St. 644-6893.  

“Mexico at the Hearst Museum” with Ira Jacknis at noon at Phoebe Hearst Museum, UC Campus, Bancroft at College. 643-7648.  

Gerard Jones introduces “Men of Tomorrow: Geeks, Gangsters and the Birth of the Comic Book” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Word Beat at 7 p.m. with Stan Millard and Alice Templeton, at Mediterraneum Caffe, 2475 Telegraph Ave. 526-5985.  

MUSIC AND DANCE 

Big Lou’s Polka Casserole at 8:30 p.m. at Ashkenaz. Cost is $9. 525-5054.  

Bruce Molesky, Appalachian fiddling, at 8 p.m. at Freight and Salvage. Cost is $17.50-$18.50. 548-1761.  

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

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

Eric Schrifrin, solo piano at 8 p.m. at Downtown. 649-3810. 

Rick Braun at 8 and 10 p.m. through Sun. at Yoshi’s at Jack London Square. Cost is $22-$26. 238-9200. www.yoshis.com 

FRIDAY, OCT. 22 

THEATER 

Acme Players Ensemble, “Ghost in the Machine” Fri. and Sat. at 8 p.m., call for Sun. times., through Nov. 7, at APE Space, 2525 Eighth St. Suggested donation $5-$20. 332-1931. 

Actors Ensemble of Berkeley, “Present Laughter” by Noel Coward at 8 p.m. Fri. and Sat. at Live Oak Theater, 1301 Shattuck Ave. at Berryman. Through Nov. 20. Tickets are $10. 649-5999. www.aeofberkeley.org 

Berkeley Repertory Theater, “Eurydice” at the Thrust Stage, 2025 Addison St. through Nov. 14. Tickets are $20-$55. 647-2949. www.berkeleyrep.org 

Central Works, “A Step Away” Fri. and Sat. at 8 p.m., Sun. at 5 p.m. at the Berkeley City Club, 2315 Durant Ave. Through Nov. 21. Tickets are $8-$20. 558-1381. 

Contra Costa Civic Theater, “Noises Off” Fri.-Sat., selected Sun., through Nov. 20, at 951 Pomona Ave., El Cerrito. Tickets are $10-$15. 524-9132. www.ccct.org  

Magical Acts Ritual Theater, “Heretics, Harlots and Heroes,” at Belladonna, 2436 Sacramento St. Fri. and Sat. at 8 p.m., Sun at 2 p.m. Tickets are $16-$26. 883-0600. www.belladonna.ws 

Un-Scripted Theater Company, “Fear,” a full-length improvised horror story, Fri. and Sat. at 8 p.m. at La Val’s Subterranean, 1834 Euclid Ave. through Oct. 30. Tickets are $7-$12. 869-5384. www.un-scripted.com 

“U.S. Provisional Authority” A musical set in the year 2014, at 8 p.m. at Trinity United Methodist, 2362 Bancroft Way, enter on Dana St. Cost is $5-$8.  

Woman’s Will, “Lord of the Flies” Fri. and Sat. at 8 p.m., Sun. at 3 p.m., at Eighth Street Studios, 2525 Eighth St., through Oct. 24. Every performance followed by a discussion on democracy, violence cessation, and preservation of just societies. Free, donations encouraged. 420-0813. www.womanswill.org 

EXHIBITION OPENINGS 

“Swimming Through Air and Time” Paintings by Marsha Balian and Judy Levit. Reception from 6 to 8 p.m. at the Women’s Cancer Resource Center, 5714 Telegraph Ave. Exhibition runs through Dec. 17. 601-4040, ext. 111. www.wcrc.org 

FILM 

Film Festival at 7 p.m. at Berkeley Arts Festival Gallery, 2324 Shattuck Ave. Free. www.berkeleyartsfestival.com 

Documentary Voices: “Father, Son and Holy War” at 7:30 p.m. at Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Kevin Starr talks about “Coast of Dreams: California on the Edge, 1990-2003” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

MUSIC AND DANCE 

Mark Morris Dance Group at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $30-$56. 642-9988. www.calperfs.berkeley.edu 

California Bach Society at 8 p.m. at St. Mark's Episcopal Church, 2300 Bancroft Way. 415-262-0272. www.calbach.org  

Dick Hindman Trio at 8 p.m. at the Jazzschool. Cost is $12-$18. 845-5373. www.jazz- 

school.com 

Jim Ryan’s Hideous Dream & Subjects of Desire, free jazz improv, at 8 p.m. at The Jazz House. Suggested donation $6-$12. www.thejazzhouse.com 

Sidewinders at 9:30 p.m. at Ashkenaz. Cost is $13. 525-5054. www.ashkenaz.com 

Christine Kane, contemporary folk, at 8 p.m. at Freight and Salvage. Cost is $15.50-$16.50. 548-1761. www.freightandsalvage.org 

Grapefruit Ed at 9 p.m. at Oakland Metro, 201 Broadway. 763-1146. www.oaklandmetro.org 

The Look, Butane at 9:30 at Blakes on Telegraph. Cost is $7. 848-0886. www.blakesontelegraph.com 

The Drink Tickets, Cellofane at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryploughpub.com 

Christy Dana Trio at 9 p.m. at Downtown. 649-3810. 

Katie Garibaldi, singer-songwriter, at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Brown Baggin’ at 9 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $7. 548-1159. www.shattuckdownlow.com 

Barbary Coast by Night at 7 p.m. at Cafe Raphael's, 10064 San Pablo Ave., El Cerrito. 525-4227. 

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

Science of Yobra, Try Falling at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $6. 525-9926. 

SATURDAY, OCT. 23 

CHILDREN  

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

“Wild About Books” storytime at 10:30 a.m. at the Berkeley Public Library, 2090 Kittredge St. 981-6223. 

EXHIBITION OPENINGS 

Berkeley Arts Festival Bus Tours, depart the Berkeley Marina on the hour from 11 a.m. to 3 p.m. Free. For details see www.berkeleyartsfestival.com 

“Earthy Delights“ Sculptures and ceramics by Ralph Holker, Peter Voulkos and others, Opening reception, noon to 7 p.m., at Osceola Gallery, 4053 Harlan St. Suite 305, Emeryville. Show runs to Nov. 19. 658-1440. 

FILM 

Documentary Voices “War and Peace” at 7 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Rhythm & Muse featuring John Rowe & Rita Bregman at 7 p.m. at Berkeley Art Center, 1275 Walnut St. 527-9753. 

Kay Redfield Jamison on “Exuberance: the Passion for Life” at 7 p.m. at Cody’s Books on Fourth St. 559-9500. 

Poetry By Women Of China’s Golden Age A reading and discussion with translators Bannie Chow & Thomas Cleary at 4 p.m. at What The Traveller Saw, 1880 Solano Ave. 527-1775. 

MUSIC AND DANCE 

Mark Morris Dance Group at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $30-$56. 642-9988. www.calperfs.berkeley.edu 

Spirit of Africa African music and dance ensemble, directed by C.K. Ladzekpo, at 8 p.m. at Hertz Hall, UC Campus. Tickets are $3-$10 at the door. 642-4864. http://music.berkeley.edu 

Trinity Chamber Concert with Daniel Reiter, cello and Miles Graber, piano, at 8 p.m. at Trinity Chapel, 2320 Dana St. Tickets are $8-$12. 549-3864. www. 

TrinityChamberConcerts.com 

Kensington Symphony Orchestra, Geoffrey Gallegos, conductor, Seth Montfort, piano, at 8 p.m. at Northminster Presbyterian Church, 545 Ashbury Ave., El Cerrito. Tickets are $8-$10. 524-4335. 

Alexander String Quartet at 10 a.m. at St. John’s Presbyterian Church, 2727 College Ave. 415-392-2545. 

Steve Lucky & The Rhumba Bums with Ms. Carmen Getit at 9:30 p.m. at Ashkenaz. Cost is $13. 525-5054. www.ashkenaz.com 

Native Elements, Dr. Masseuse at 9 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $10. 548-1159. www.shattuckdownlow.com 

David Matela, singer-songwriter, at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Times 4 at 8 p.m. at Jupiter. 848-8277. 

Robin Flower and Libby McLaren, California Celtic, at 8 p.m. at Freight and Salvage. Cost is $18.50-$19.50. 548-1761.  

www.freightandsalvage.org 

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

Guitarra y Cajón Folk song celebration at 8:30 p.m. at La Peña Cultural Center. Cost is $15. 849-2568. www.lapena.org 

Communique, benefit for Jesse Townley, at 9 p.m. at Blakes on Telegraph. Cost is $8. 848-0886. www.blakesontelegraph.com 

Snake Trio at 8 p.m. at the Jazz- 

school. Cost is $12-$18. 845-5373. www.jazzschool.com  

The Catholic Comb, The Audrye Sessions, The Cushion Theory at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryploughpub.com 

Giselle Fahrbach, Brazilian jazz vocals, at 9 p.m. at Downtown. 649-3810. 

SUNDAY, OCT. 24 

CHILDREN  

Asheba plays Caribbean music at Ashkenaz at 3 p.m. Cost is $4-$6. 525-5054. www.ashkenaz.com 

Samora Pinderhughes, age 13 on piano and Elana Pinderhughes, age 9 on flute perform classic jazz, Latin and Brazillian tunes at 7 p.m. at at La Peña. Cost is $10 for adults, $5 for children. 849-2568. www.lapena.org 

Day of the Dead Family Day at the Richmond Art Center from 1:30 to 4:30 p.m. 2540 Barrett Ave., at 25th St., Richmond. 620-6772. www.therichmondartcenter.org 

THEATER 

“Ghostlands of an Urban NDN” at 8 p.m. at La Peña. Cost is $8-$15. 849-2568. www.lapena.org 

FILM 

Documentary Voices: “Bombay: Our City” at 5:30 p.m. at the Pacific Film Archive. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

“Road to the Winter War” an English language playreading of a 1989 Finnish historical docudrama by Dr. Heikki Ylikangas, at 2 p.m. at Finnish Kaleva Hall, 1970 Chestnut St. Cost is $3. 849-0125. latoja86@hotmail.com 

Poetry Flash with Joanne Kyger and Michael Rothenberg at 7:30 p.m. at Cody’s Books. Donation $2. 845-7852. www.codysbooks.com 

“Within Small See Large” Guided tour at 2 p.m. and lecture with Susan Handler at 3 p.m. at Berkeley Art Museum, 2626 Bancroft Way. 642-0808. www.bampfa.berkeley.edu 

MUSIC AND DANCE 

Jerry Kuderna Piano Concert performing work of Catalan composer Federico Mompou including “Musica Callada” at 3 p.m. at Berkeley Arts Festival Gallery, 2324 Shattuck Ave. Cost is $10. www.berkeleyartsfestival.com 

Mark Morris Dance Group at 7 p.m. at Zellerbach Hall, UC Campus. Tickets are $30-$56. 642-9988. www.calperfs.berkeley.edu 

Julian White, pianist, performs works of Beethoven, Copland, and Schumann at 8 p.m. at Unitarian Universalist Church of Berkeley, 1 Lawson Rd., Kensington. Suggested donation $15-$20. 528-4959.  

Jupiter String Quartet at 7:30 p.m. at Berkeley Art Center, 1275 Walnut St. Cost is $9-$10. 644-6893. 

Quartet San Francisco performs at 4 p.m. at the Crowden Music Center, 1475 Rose St. Cost is $12, children free. 559-6910. 

Chamber Music Sundaes with cellist David Goldblatt and oboist Gonzalo Ruiz, at 3:15 p.m. at St. John’s Presbyterian Church, 2727 College Ave. Tickets are $7-$19 at the door. 415-584-5946. www.chambermusicsundaes.org 

Friends of Big Band Jazz with Mike Vax Jazz Orchestra at 2 p.m. at the Julia Morgan Center for the Arts. Tickets are $10-$18. 845-8542. www.juliamorgan.org 

“Imagining a Map of the World” solo dance performance by Evangel King at 11 a.m. at 1374 Francisco St. Donation $7-$15. 841-9441. 

Americana Unplugged: Mondo Mando Madness at 5 p.m. at Jupiter. 655-5715. 

Le Jazz Hot at 4:30 at the Jazz- 

school. Cost is $12-$18. 845-5373. www.jazzschool.com 

Shelly Burgon and Trevor Dunn, harp and bass, at 8:15 p.m. at The Jazz House. Donations accepted. www.thejazz- 

house.com 

“Drum Journeys” A benefit concert for Spirit Drumz and Afia Walking Tree’s Afraka 2005 Project from 3 to 5 p.m. at Belladonna, 2436 Sacramento St. Cost is $15. 883-0600. www.belladonna.ws  

Táncház Band, Hungarian world music, at 8 p.m. at Freight and Salvage. Cost is $17.50-$18.50. 548-1761. www.freightandsalvage.org 

µ

Boas in Berkeley? Unlikely as it seems, we do have a native species of boa. But this isn’t one of the giant constrictors of the tropics, big enough to swallow a deer. Rubber boas max out around 26 inches in length, prey on small vertebrates, and are among the most inoffensive of serpents. 

One of two North American boa species, the rubber boa was discovered by Paulo Emilio Botta, one of those polymath 19th-century naturalists. Botta was the surgeon about the French merchant ship Heros when it docked in Central California in 1827. In addition to collecting the rubber boa, he was the first European to describe the Anna’s hummingbird and introduced the roadrunner to Parisian science. Botta went on to become personal physician to the Egyptian ruler Mohammed Ali and French consul in Iraq (then part of the Ottoman Empire), where he excavated the Assyrian ruins of Khorsabad. He’s immortalized in the snake’s Latin binomial, Charina bottae. 

My only encounter with a wild rubber boa wasn’t in Berkeley. Some years ago I met a young one on a field trip in the Sierra, near UC’s Sagehen Creek research station. It was basking on a rockpile in the late afternoon sun. On first impression, it was hard to tell whether the snake was coming or going: it had a narrow head, small eyes, no neck to speak of (yes, snakes have necks) and a blunt-tipped tail. And its smooth skin was in fact rubbery to the touch. When Roger, the trip leader, picked it up, it coiled around his wrist and seemed reluctant to disengage. But there was no hostile intent; it was just getting a grip. 

It’s not surprising that I haven’t seen one since. Rubber boas are secretive snakes, hiding out under rocks, fallen logs, and tree bark and hunting at night or in twilight. Unlike some of their kin, which are ambush predators, our local boas actively seek out their prey, exploring the burrows and tunnel systems of mice, shrews, and pocket gophers. They’ll also eat salamanders, lizards, and (lacking a sense of professional courtesy) smaller snakes, as well as eggs. When they invade rodent nests, they’re reported to use their clublike tails to fend off parental counterattacks. Wild-caught rubber boas often bear the scars of mouse bites on their tails. If they’re attacked by a larger predator, they roll up in a ball with the tail-tip protruding; they may even feint with the tail, faking a strike.  

Boas and their close relatives, the pythons, are an ancient snake lineage, one of the first groups to diverge from the ancestral lizard stock. They’ve retained some anatomical vestiges, like paired lungs (typical snakes have only one) and rudimentary hind legs, which males use as claspers when mating. But it would be a mistake to consider them primitive—a loaded word, anyway; scientists prefer “basal”—since members of the group have diversified to exploit a wide range of environments, from rain forests to deserts. 

What’s the difference between a boa and a python? One is anatomical: pythons have teeth on their premaxillary bones, directly under the snout; boas don’t. The other involves reproductive strategy: all pythons bear living young, while most boas (the exception being the Calabar burrowing boa of West Africa) lay eggs. Collectively, they’re an old Gondwana family that evolved in the southern supercontinent during the time of the dinosaurs. Pythons seem to have originated in Australia, then spread to southern Asia and Africa. Typical boas are most diverse in the Central and South American tropics, with outliers in Madagascar and the islands of the Southwest Pacific. The closest relatives of our rubber boa and the southwestern rosy boa are the desert-dwelling sand boas of the Middle East and North Africa, plus that one oddball West African species. 

All boas and pythons are constrictors, a trait that has evolved independently in several snake families. Lacking venom, they need to subdue their prey quickly by brute force, looping their coils around the victim and squeezing to block its breathing and blood circulation. With their slow, thermally driven metabolism, they can get by with widely spaced meals. One study of rubber boas found that their rate of digestion varies with ambient temperature; it can take them twice as long to digest a mouse in spring as in summer. 

Rubber boas mate in spring, but the offspring (as few as two, as many as eight) aren’t hatched until late summer or fall. Although I haven’t been able to find any references documenting parental care, I wouldn’t want to rule it out; snakes in general are more attentive mothers than you might think. After winter hibernation, the young boas disperse to find their own territories.  

The snake literature consistently describes the rubber boa as gentle and easy to handle, like the one I met at Sagehen Creek. One web site suggests it as an ideal snake for therapeutic desensitization of the ophidiophobic. But if the fear of snakes is as deep-seated as some (E. O. Wilson, for one) speculate, I doubt that even a therapy boa would help with some people.  

Interestingly, there’s evidence that snake fear is partly innate and partly acquired. In a study by behavioral psychologist Susan Mineka, lab-reared monkeys had no aversive reaction to snakes until they saw wild-caught monkeys freaking out. Then they displayed fright the next time they were exposed to a snake. However, showing them doctored film of a monkey recoiling in fear from a flower did not induce fear of flowers. The snake response seems to be latent until triggered by the behavior of a role model. Remember that if you meet a rubber boa on your next family outing.  

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TUESDAY, OCT. 19 

School Board Candidates Forum at 7 p.m. at Berkeley High School, Florence Schwimley Little Theater on Allston Way. Co-sponsored by Berkeley High School PTSA and League of Women Voters. Questions for candidates will be collected during the forum or may be emailed in advance to colemanbarbara@comcast.net  

Morning Bird Walk: Inspiration Point Meet at 7 a.m. at Inspiration Point to see the resident birds of the grassland and chaparral. Call for directions or to reserve binoculars. 525-2233.  

Return of the Over-the-Hills Gang and Tuesday Tilden Walkers meet for a joint hike at 10 a.m. at Tilden Nature Center, Tilden Park. Registration required. 525-2233. 

Mini-Rangers Join us for an active afternoon of nature study, conservation and rambling through woods and waters. Dress to get dirty, bring a healthy snack to share, for 8-12 year old girls and boys, unaccompanied by their parents. Fee is $6-$8. 525-2233. 

Fall Fruit Tasting Discover the many varieties of apples and pears, at the Tuesday Farmers’ Market from 2 to 7 -.m. at Derby at MLK, Jr. Way. 548-3333. www.ecologycenter.org  

Berkeley Garden Club “The Gardens at Filoli,” a talk by Grover Cleveland, Filoli docent. Meeting at 1 p.m., program at 2 p.m. at Epworth Methodist Church, 1953 Hopkins St. Guests $2. 524-4374. 

Friends of Strawberry Creek with Kirstin Miller on “Daylighting Strawberry Creek as a Centerpiece for the University’s Plan” at 5:30 p.m. at the Berkeley Public Library Community Room. 419-0850. 

Get Ready for Winter Cycling with bike specialist james Lanham at 7 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

“End of Suburbia: Oil Depletion and the Collapse of The American Dream” a film at 6:30 p.m. at The Long Haul, 3124 Shattuck Ave.  

“Slavery in Early Modern West Africa” with Ugo Nwokeji of the Dept. of African Studies at 4 p.m. at 652 Barrows Hall. 642-8338. www.ias.berkeley.edu/africa  

“Time to Learn About Children: Parenting Through the Ages” with Dr. Mike Riera, at 7 p.m. at Redwood Day School, 3245 Sheffield Ave., Oakland. For reservations call 534-0804. 

Financial Planning Workshop: Investing 101 with Jarrett Topel, Certified Financial Planner at 7 p.m. at El Cerrito Library, 6510 Stockton Ave. Free. 526-7512.  

“Introduction to Judaism” Explore Jewish spirituality and ethics with David Cooper at 7:30 p.m. at BRJCC, 1414 Walnut St. 848-0237. 

Organic Produce at low prices sold at the corner of Sacramento and Oregon St. from 3 to 7 p.m. 843-1307. 

Family Story Time at the Kensington Branch Library, at 7 p.m. at 61 Arlington Ave. 524-3043. 

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. 845-6830. 

Acting and Storytelling Classes for Seniors offered by Stagebridge, at Arts First Oakland, 2501 Harrison St. Classes are held at 10 a.m. Tues.-Fri. For more information call 444-4755. www.stagebridge.org 

WEDNESDAY, OCT. 20 

Berkeley Communicators Toastmasters meets at 7:15 a.m. at Au Cocolait, 200 University Ave. 524-3765. 

Lawrence Berkeley Lab Public Hearing on the renewal of the Lab’s Hazardous Waste Handling Facility Permit for storage of hazardous and mixed waste in their Strawberry Canyon facility, at 6:30 p.m. at the North Berkeley Senior Center. 1-866-495-5651. 

Tilden Tots A Halloween treasure hunt for 3 and 4 year olds each accompanied by an adult. From 10 to 11:30 a.m. in Tilden Nature Area, in Tilden Park. Cost is $6-$8, registration required. 525-2233. www.ebparks.org 

Jimmy Rutledge Award for Service to the Community The Berkeley Police Assoc. will honor Bay Area Outreach Recreational Program with the annual Award at 2:30 p.m. at City Council Chambers, 2134 Martin Luther King Way. 981-5900, ext. 4084. 

Walking Tour of Jack London Waterfront Meet at 10 a.m. at the corner of Broadway and Embarcadero. For reservations call 238-3234. www.oaklandnet.com/walkingtours 

“A World Without the United Nations?” Discussion and Q/A with UCB Professors Nezar Al Sayyad, Richard Buxbaum and Urs Cipolat at 7 p.m. at 22 Warren Hall, Oxford and Berkeley Way. Sponsored by UCB Model UN, United Nations Association-USA East Bay and others. 540-8017. 

“Matías” a documentary about people trying to cross the US-Mexican border at 4 p.m. at Geballe Room, 220 Stephens Hall. 642-2088. www.clas.berkeley.edu 

“The Framing of Mumia” a documentary at 7 p.m. at Humanist Hall, 390 27th St., Oakland. Donation $3-$5. Sponsored by the International Council for Humanity. 419-1405.  

“The Environmental Challenge to China’s Future” with Dr. Elizabeth Economy at 5 p.m. at the IEAS Conference Room, 2223 Fulton St. http://ieas.berkeley.edu 

Will Durst will speak on why so many young people look to television comedians for their political news at 3 p.m. at 109 Moses Hall, UC Campus. http://politics.berkeley.edu 

Gray Panthers Wednesday Night Gathering A teach-in on Leo Strauss, pholosopher behind the neo-conservative movement at 7 p.m. at 1403 Addison St. 548-9696. 

Tradition and Change: Conservative Judaism 101 at 7:30 p.m. at BRJCC, 1414 Walnut St. 848-0237, ext. 110.  

Walk Berkeley for Seniors meets at 9:30 a.m. at the Sea Breeze Market, just west of the I-80 overpass. 548-9840. 

Writing Project with special guest Jane Juska at 7:30 p.m. at Barnes and Noble, 2352 Shattuck Ave. 644-0861. 

Prose Writers’ Workshop An ongoing group focused on issues of craft at 7 p.m. at the BRJCC, 1414 Walnut St. 524-3034.  

Berkeley Peace Walk and Vigil at the Berkeley BART Station. Vigil at 6:30 p.m., Peace Walk at 7 p.m.  

THURSDAY, OCT. 21 

Tilden Tots A Holloween treasure hunt for 3 and 4 year olds each accompanied by an adult. From 10 to 11:30 a.m. in Tilden Nature Area, in Tilden Park. Cost is $6-$8, registration required. 525-2233. www.ebparks.org 

Tilden Explorers A nature ad- 

venture program for 5-7 year olds who may be accompanied by an adult, no younger siblings, please. From 3:15 to 4:45 p.m. at Tilden Nature Area, in Tilden Park. Cost is $6-$8, registration required. 525-2233. www.ebparks.org 

Candidate Night for City Council District 3 at at 7:30 in the cafeteria, LeConte School, 2241 Russell St. 843-2602. 

Berkeley Marina Volunteer Training from 9 a.m. to noon, at the Shorebird Park Nature Center, 160 University Ave. Also on Fridays. 981-6720. www.ci.berkeley.ca.us/marina/ 

marinaexp/volunteer 

“Survival by Deception: Butterfly Mimicry” with Dr. Nipam Patel at 12:30 p.m. at Oakland Museum of California, 10th and Oak Sts. 238-2200. www.museumca.org 

Foods of the Americas An exhibit of the abundance of the fall harvest from 9 a.m. to 5 p.m. through Oct. 27 at the Botanical Garden, 200 Centennial Drive. 643-2755. http://botanicalgarden.berkeley.edu 

“The State of the State of California” with Loni Hancock, Assemblymember at 7:30 p.m. at BRJCC, 1414 Walnut St. To register call 848-0237, ext. 110.  

“Perspectives on Immigration” A panel discussion with Gilbert Cedillo, CA State Sen. Maria Echaveste, Boalt Hall, Philip Martin, Prof. of Agricultural and Resource Economics, UCD, Harley Shaiken, Prof. of Education and Geography, UCB and Lucas Guttentag, Director, ACLU National Immigrants’ Rights Project at 4 p.m. in the Geballe Room, 220 Stephens Hall, UC Campus. 642-2088. www.clas.berkeley.edu  

“After the War on Crime: Race, Democracy and a New Reconstruction” Panel discussions through Sun. at Boalt Hall, UC Campus. All are free and open to the public. For details see www.law.berkeley.edu/socialjustice 

Backpack Safety Evaluations for school-age children at 6:30 p.m. at Creating Harmony Institute, 828 San Pablo Ave., Albany. 526-1559. 

Simplicity Forum “Proceeding on the Path Toward a Simpler Life, Even in the Presence of Fear and Political Uncertainty” at 6:30 p.m. at the Claremont Branch Library, 2940 Benvenue Ave. 526-6596.  

“The Silent Cross” a film on the human toll of the militarization of the US-Mexico Border at 7:30 p.m. at La Peña Cultural Center. Cost is $8. 849-2568. www.lapena.org  

“Fear and Learning at Hoover Elementary” a documentary at 6:30 p.m. at Havens School Multi-Use Room 325 Highland Ave., Piedmont. Discussion follows. 763-9301. mosesc@diversity works.org  

FRIDAY, OCT. 22 

Job Fair from 3 to 5 p.m. at Berkeley Youth Alternatives, 1255 Allston Way. 647-0719. 

“So How’d You Become an Activist?” with Annie Pflager, Phil Pflager, George Johnson & Diane Rejman at 7 p.m. at Berkeley Fellowship of Unitarian Universalists, 1924 Cedar St. Donation $5. 528-5403. 

“Misery” The Stephen King film for teens only at 7 p.m. at the Community Meeting Room, Central Library, 2090 Kittredge St. 981-6121. www.berkeleypubliclibrary.org 

“Many Faiths, Many Forms: Dancing the Sacred Together” Workshops on Fri. and Sat. by the Sacred Dance Guild at the Pacific School of Religion, 1798 Scenic Ave. 849-0788. www.sacreddanceguild.org  

City Commons Club Noon Luncheon with Xuerang Sherry Zhang on “The Story of Falun Gong: Is Anyone Listening?” Luncheon at 11:45 a.m. for $12.50, speech at 12:30 p.m., at the Berkeley City Club, 2315 Durant St. 526-2925.  

A Day of Remembrance for victims of domestic violence at 11:30 a.m. at the Alameda County Administration Building Plaza, 1221 Oak St. 272-6693. 

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. 655-6169. www.bpf.org 

SATURDAY, OCT. 23 

Gill Tract Harvest Festival Food, music, games, speakers, demonstrations. Tour one of last urban farmlands and research areas. From 10 a.m. to 3 p.m. at the SW corner of Marin and San Pablo Aves, in Albany. Wheelchair accessible. Free. Sponsored by Urban Roots. 235-5519. www.gilltract.com  

Mini Farmers A farm exploration program for children accompanied by an adult. Wear boots and prepare to get dirty. From 2:30 to 4 p.m. at Tilden Nature Area, in Tilden Park. Cost is $3-$5, registration required. 525-2233. www.ebparks.org 

Tail Tales Explore the hind ends of animals to see what tales they tell. From 1 to 2:30 p.m. at Tilden Nature Center, Tilden Park. 525-2233. 

Berkeley Historical Society Walking Tour “The New and Old Berkeley High School Campus, at 10 a.m. Cost is $8-$10. For information call 848-0181. www.ci.berkeley.ca.us/histsoc/ 

Walking Tour of Old Oakland around the restored 1870s business district. Meet at 10 a.m. in front of G.B. Ratto’s at 827 Washington St. For reservations call 238-3234. www.oaklandnet.com/ 

walkingtours 

Fall Fruit Tasting Discover the many varieties of apples and pears at the Farmers’ Market, from 10 a.m. to 3 p.m. at Center St. at MLK, Jr. Way. Cooking demonstrations at 11 a.m. 548-3333. www.ecologycenter.org  

Plants for Small Spaces at 10 a.m. at Magic Gardens, 729 Heinz Ave. 644-2351. www.magicgardens.com 

Día de los Muertos Celebration at 12:30 to 2 p.m. at UC Botanical Garden, 200 Centennial Drive. Cost is $10-$23. Children must be accompanied by an adult. Registration required. Fees include Garden admission. 643-2755. http://botanicalgarden.berkeley.edu 

Project Censored Book Release Celebration, highlighting this year’s censored news and to honor the investigative reporters who brought it forward, at 6:30 p.m. at King Middle School, 1781 Rose St. Catherine Austin Fitts, whistleblowing former Assistant Secretary of HUD, will keynote the event. Cost is $15 sliding scale. 707-664-2500. 

Nature Drawing with John Muir Laws using techniques from his book “Sierra Birds: A Hiker’s Guide” at 10 a.m. at the Oakland Zoo, 9777 Golf Links Road. For admission prices and information, call 632-9525. 

Branched Drain Greywater System Demonstration Learn how to recycle household waste water at 10 a.m. at Oakland Permaculture Institute, 2135 E. 28th St. Cost is $10-$15, no one turned away. 548-2220. www.ecologycenter.org 

Transgender Health Workshop from noon to 5 p.m. at the Pacific Center, 2712 Telegraph Ave. Registration required. 420-7900, ext. 111. 

“Many Faiths, Many Forms, Dancing the Sacred Together” a workshop in dance and movement inspired by religious traditions, at Pacific School of Religion, 1798 Scenic Ave., through Sun. 849-0788. http://www.sacreddanceguild.org 

Sprited Woman Workshop A self-inspiration workshop for women from 1 to 4 p.m. at Studio Rasa, 933 Parker St. Cost is $85, partial scholarships available. 888-428-1234. thespiritedwoman@aol.com 

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

SUNDAY, OCT. 24 

Days of the Dead Community Celebration from noon to 4 p.m. at the Oakland Museum of California, 10th and Oak Sts. 238-2200. www.museumca.org 

Los Días de los Muertos Family Day at 1:30 p.m. at the Richmond Art Studio, 2540 Barrett Ave., Richmond. 620-6770. www.therichmondartcenter.org 

Feast of St. Demetrios Celebration at the Patriarch Athenagoras Orthodox Institute, 2311 Hearst Ave. 649-3450. 

Botanic Garden Gambol Tour California’s great variety of native plants at the Botanic Garden at the center of Tilden Park, from 10 a.m. to noon. 525-2233. 

“Botanizing California” A Workshop/Field Trip to Montara Mountain to see maritime chaparral, north coastal scrub, riparian woodland, and more with Dr. Glenn Keator, Field Botanist Regional Parks Botanic Garden, Tilden Park. Cost is $80-$95. To register call 845-4116. www.nativeplants.org 

Sneaky Snakes and Timid Turtles Learn about these creatures on the front lawn of the Nature Center at 11 a.m. at Tilden Nature Center, Tilden Park. 525-2233. 

Poison Oak and Others You’ll learn about bad plants and their good relatives, and get tips on how to avoid “the itch” at 2 p.m. at Tilden Nature Center, Tilden Park. 525-2233. 

Soap Making Explore the science of soap and learn to make olive oil soap in this hands-on workshop from 2 to 4 p.m. at Tilden Nature Center, Tilden Park. Cost is $10-$12, registration required. 525-2233. 

The Austrian Bank Project with Gerald Feldman, head of the commission to examine the role of the Austrian banks in expropriation of Jewish property, at 2 p.m. at BRJCC, 1414 Walnut St. 848-0237, ext.110. 

East Bay School for Girls Raffle and Auction at 2 p.m. at 2727 College Ave. 849-9444. www.ebsg.org 

Berkeley City Club free tour from 1 p.m. to 4 p.m. Sponsored by the Berkeley City Club and the Landmark Heritage Foundation. Donations welcome. 2315 Durant Ave. 848-7800. 

Artists for Change Fundraiser for John Kerry and MoveOn Pac Food, refreshments, entertainment and affordable art for sale, from 2 to 5 p.m. at 449 49th St. in the Temescal District of Oakland. Cost is $25. 524-5923. 

Improvisational Play Techniques with Masankho Banda of Interplay in a workshop for teens in 7th through 12th grades, from 6 to 8 p.m. at Arlington Community Church in Kensington. Free but registration required. 526-9146. 

“Religions and Politics: A Discussion with George Lakoff” at 7 p.m. at First Congregational Church of Berkeley, 2345 Channing Way. Suggested donation $10, no one turned away. www.spiritedaction.org 

“Theology in the Making: Our Responsibility for Action” with Bill Hamilton Holway at 9:30 a.m. at the Unitarian Universalist Church, 1 Lawson Rd., Kensington. 525-0302.  

Tibetan Buddhism with Lama Palzang and Pema Gellek on “Healing through Mantra” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812. www.nyingmainstitute.com 

CITY MEETINGS 

Berkeley Housing Authority meets Tues., Oct. 19, at 6:30 p.m. in City Council Chambers. Sherry M. Kelly, city clerk, 981-6900. ww.ci.berkeley.ca.us/ 

commissions/housingauthority 

City Council meets Tues., Oct. 19 at 7 p.m in City Council Chambers. Sherry M. Kelly, city clerk, 981-6900. www.ci.berkeley.ca.us/citycouncil 

Citizens Humane Commission meets Wed., Oct. 20, at 7 p.m., at the North Berkeley Senior Center. Katherine O’Connor, 981-6601. www.ci.berkeley.ca.us/ 

commissions/humane 

Commission on Aging meets Wed., Oct. 20, at 1:30 p.m., at the South Berkeley Senior Center. Lisa Ploss, 981-5200. www.ci.berkeley.ca.us/commissions/aging 

Commission on Labor meets Wed.,Oct. 20, at 6:45 p.m., at the North Berkeley Senior Center. Delfina M. Geiken, 644-6085. www.ci.berkeley.ca.us/ 

commissions/labor 

Human Welfare and Community Action Commission meets Wed., Oct. 20, at 7 p.m., at the South Berkeley Senior Center. Marianne Graham, 981-5416. www.ci.berkeley.ca. 

us/commissions/welfare 

Design Review Committee meets Thurs., Oct. 21, 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., Oct. 21, 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., Oct. 21, at 7 p.m., at the North Berkeley Senior Center. Peter Hillier, 981-7000. www.ci.berkeley.ca.us/ 

commissions/transportation

If 2000 was the year of the soccer mom, 2004 is the year for flip-flops: as fashion footwear, waving props (at the Republican convention) and taunting yells (at Bush rallies). This strategy was the brainchild of Karl Rove, Bush’s chief political strategist, who decided that the way for Bush to win was to destroy Kerry’s credibility and to attack his leadership qualities, largely by focusing on his alleged inconsistencies about the war in Iraq. 

Rove’s flip-flop charges quickly became the mantra of the Republican National Committee and the GOP apparatchiks who feed sound bites to the broadcast media, especially the Fox News network; and the president made the flip-flop accusation the rhetorical staple of his stump speech. 

It’s a measure of Rove’s skill in the dark arts of political spin—which he learned from Richard Nixon’s “dirty tricksters” of Watergate infamy—that the strategy has succeeded in obscuring two central facts about the presidential candidates: that Kerry’s positions have, in fact, been largely consistent; and that Bush, far from being the steady, conviction-driven leader of Republican imaginings, is by far the greater flip-flopper. Rove succeeded because the news media fell for his flip-flop flim-flam. How else could Bush’s flip-flopping have become the best kept secret in American politics? This is remarkable, given the sheer quantity of examples. Here’s a partial list of Bush flip-flops, with their presumed motivations. 

• Prescription drugs from Canada: For, then Against (big campaign contributions from pharmaceutical corporations) 

• Assault weapons in our streets: Against, then For (pandering to the NRA and gun manufacturers) 

• The creation of a homeland security agency: Against, then For (public outcry and political expediency) 

• McCain-Feingold campaign finance reform: Against, then For (unprincipled opportunism) 

• Nation-building: Against, then For (a double somersault to justify neocon invasion plans) 

• Steel tariffs: Against, then For, then Against (a free-trader becomes a protectionist to win votes in Pennsylvania and Ohio) 

• Arsenic in water: For, then Against (public outcry—those darned scientists) 

• Mandatory caps on carbon dioxide: For, then Against (the power of the coal and power companies) 

• Outside investigation into WMD: Against, then For (public outcry and world opinion) 

• WMD: We found them and then we didn’t find them (confusion, convenience and “flexibility”) 

• Gay Marriage: First it’s an issue for the states and then a federal issue (an opportunistic, red-meat, divisive wedge issue) 

• Osama bin Laden: In 2001 he was our No. 1 public enemy; in 2002, “I truly am not that concerned about him” (failure to prosecute the real war against terror) 

• North Korea’s nuclear threat: First it was extremely important; now it’s not much of a threat (a parry to divert attention from misplaced priorities) 

• Cutting troops in Europe: Against, then For (bad planning for the number of troops needed in Iraq and Afghanistan) 

• Immigration reform: For liberalization, then Against (a conflict between wooing the Hispanic vote and angering his nativist base) 

• AmeriCorps funding: For, then Against (a favorite target of congressional reactionaries) 

• Patriot Act II: For, then Against (the need to appear more moderate in the middle of an election; even angered Republican civil libertarians) 

• The 9/11 commission: Six flip-flops, Against and then For: 1) The creation of the commission; 2) the composition of the commission; 3) the extension to allow it to complete its work; 4) his testifying; 5) the testimony of his national security advisor; and finally 6) the implementation of the findings (public outcry, particularly from the families of 9/11 victims and then commission members—Republicans and Democrats) 

• The war in Iraq: At least nine different rationales as to why the U.S. invaded, and still counting (reality catching up with fantasy) 

• The war in Iraq: "It will be a cakewalk," then, "It will be long and difficult." (Talking out of both sides of the mouth; depending upon audience) 

So much for Bush and his “steady leadership.” Kerry has been a model of consistency by comparison. On the Iraq war, his position is complex. It requires the ability to understand history and shifting circumstances. These are not exactly the strong suits of the White House and the mass media—particularly cable TV and the talk-radio ranters, two media that are notoriously serious about unserious issues, and unserious about serious issues. 

The Bush spinmeisters wanted to undermine the simple truth that Kerry does understand history and complexity, particularly when it involves the most important decision that a president can make: that of taking our country to war, with all its drastic consequences in human lives and expenditure of national treasure. 

Bush does not seem to understand that those who do not learn from history are condemned to make the same mistakes. Kerry seems to know a basic historical truth, that genuine international cooperation, multilateral force, and traditional alliances are absolutely essential to our nation’s well-being and security in a dangerous world of terrorism and nuclear proliferation. 

If Kerry can be faulted, it is because he believed and trusted Mr. Bush—as did most Americans—when he voted for giving the president the latitude he needed to pursue all the necessary and viable diplomatic avenues before the Iraq invasion. Kerry then became convinced that Bush misled Congress and the American people by confusing the all-important war against terror with Bush’s own separate agenda of invading Iraq. Those were, and still are, two separate issues! 

Saddam Hussein was a despicable tyrant, but overthrowing him and invading Iraq did not lessen the threat of terror; it increased it. It did not strengthen American military capability; it weakened it. It did not make Americans at home or abroad safer; it had the opposite effect of increasing recruitment for al Qaeda and other anti-American militant groups. Invading Iraq did not increase international cooperation for anti-terrorist efforts or the respect for America’s diplomatic leadership that is indispensable to the war on terror; it diminished them. Both Franklin Roosevelt and Winston Churchill, in leading the victorious WWII allies in the war against fascism, understood the suffering, the human costs, and the scourge of war. They understood only too well the need for international cooperation, diplomatic and military. They understood the critical need for the exchange of intelligence and multinational action by and among traditional allies. They understood the need for strategic alliances that every single president since then, Republican and Democrat, has understood, with the glaring exception of Bush. 

Roosevelt, before his death, was quite clear. He said that the United Nations was the place to go not to end wars, but to end the beginnings of wars. And Churchill was just as explicit when he warned us, “The United Nations is an imperfect institution that is a reflection of an imperfect world. Its purpose is not to lead us into an ascent to heaven but to prevent us from going into a descent to hell.” Those words are just as true today as they were in the aftermath of WWII. Kerry understands what they meant. Bush isn’t interested. 

For the past three-and-a-half years I have listened carefully to the president and his chief advisors. All of it has reminded me of a passage in “The Heart of Darkness.” Joseph Conrad put it this way: “Their talk was the talk of sordid buccaneers: it was reckless without hardihood, greedy without audacity, and cruel without courage; there was not an atom of foresight ... in the whole batch of them, and they did not seem aware these things are wanted for the work of the world.” 

Conrad’s words capture the strategy of the Bush campaign and his four years in Washington; they reflect the mood and the moral nullity of the reactionary enterprise that seeks to tear apart the public good at home and to lead us into risky pre-emptive wars abroad. The Bush administration just doesn’t get it. No country can sustain itself, much less grow, on a political fare of one-liners, rerun ideas, deliberate distortions, paranoia, and official policy pronouncements borrowed from Orwell’s “1984”—where recession is recovery, war is peace, and a social policy based on aggressive hostility is compassion. 

In the final analysis, there are two disturbing realities about the 2004 presidential election campaign that should concern all Americans. The first is that Bush, not Kerry, is guilty of big-time flip-flopping. The second is that the mass media, through incompetence and a herd mentality, have missed this defining and crucial story. Bush’s flip-flopping had nothing to do with complexities or principle, and everything to do with political expediency. This is not a case of one or two isolated switches; it’s a deliberate pattern of manipulation designed to deceive the American electorate. What we find behind the pattern, and the mask, is a candidate who lacks character, principles, and integrity. George W. Bush cannot be trusted to govern. 

Professor Arthur I. Blaustein teaches public policy and politics at the University of California, Berkeley. He was chair of the President’s National Advisory Council on Economic Opportunity during the Carter Administration. His most recent books are “Make a Difference: America’s Guide to Community Service” and “The American Promise: Justice and Opportunity.” 

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A friend of ours has been planning to go to Florida in the next couple of weeks to help with the get-out-the-vote effort. As the date approaches, she’s begun to wonder if it would be more effective to donate the cost of the trip to an organization already working in the field. Trying to help her make up her mind, I offered to poll my several politically astute cousins who live in Florida to see if they thought she should go. Their return emails were a good window on what’s going on in their part of the country.  

Cousin Pete in Tallahassee seems to have inherited the family sharp tongue: 

“I think that Bush may lose in Florida, but Kerry’s and the Democratic campaign are so wishy-washy and ineffectively run that there is little that can be done at this point in time except by Bush…I think that the Democratic party has been poorly organized here for a long time, has not spent its money well, and that Missouri or Colorado might be more sensitive to additional funding.” His follow-up email today reports that things are looking up a bit—Edwards played to an enthusiastic full house over the weekend. 

Cousin Elsa in Fort Lauderdale delegated the reply to her husband Dick, who reports that they’re optimistic about a Kerry win in their area. He expressed considerable annoyance with an attempt to get “the Catholic vote” which he ran into: 

“I encountered a politician standing in front of our church Sunday morning with a ‘pro-life’ sign. He was holding a gigantic American flag, waving it around. I approached him to make sure he was not on church property, and giving the impression that he was endorsed by our parish. I casually mentioned that persons who support pro-life also must support taxation to provide the social programs needed to support life throughout its continuum. When I said the word ‘taxation’, he went ballistic. Nice guy!” 

Dick and Elsa know whereof they speak, since they’re raising an autistic boy they first took as a foster child and then adopted after their own children were grown. “Pro-life” sloganeering rings especially hollow when mouthed by people who shirk their responsibilities to the already-born while crying over the unborn.  

Certain Catholic bishops are among the worst offenders in this department, along with some, though not all, of their clergy. The attempts to cast aspersions on Kerry because of his support of choice have outraged many. One of our correspondents in Missouri deplores the fact that her parish priest is “a big fat Republican”. Those bishops may look back at the flock they think they’re leading and find out that a sizable majority of the sheep are going astray in this election. Many Catholics, especially those who had good church history classes in school, are well aware that the Church over the centuries has made lots of big mistakes, and they think they’re seeing yet another example in this election.  

How do I know this? Well, I’ve got to believe my own mother. Today (Tuesday) is her 90th birthday, and she’s busy revving up her engines to send a stinging letter to the bishops letting them know what a big error they’ve made this time. She says that this time she really will threaten to quit, and she might, but I’m betting she won’t go through with it. The Church has always been home to as many sinners as saints, clergy and hierarchy definitely not excepted, and she knows that. She won’t let a few sanctimonious bishops with bad politics define her religion for her. 

John Kerry said approximately the same thing in the last debate. He alluded, in code which many probably missed, to the central paradox which has pre-occupied Christians since the reformation and before: is faith alone enough, as many born-again Protestant evangelicals now claim, or does the committed Christian also have to ACT in accordance with belief? 

This is what Kerry said: “My faith affects everything that I do, in truth. There’s a great passage of the Bible that says, “What does it mean, my brother, to say you have faith if there are no deeds? Faith without works is dead.’ And I think that everything you do in public life has to be guided by your faith, affected by your faith, but without transferring it in any official way to other people. That’s why I fight against poverty. That’s why I fight to clean up the environment and protect this earth. That’s why I fight for equality and justice. All of those things come out of that fundamental teaching and belief of faith.”  

Now that’s old-fashioned plain vanilla Catholic doctrine as my mother, my cousins and I learned it in school, along with millions of other Americans. The estimable St. Petersburg (Florida) Times took a look at “the Catholic vote” last Saturday in a news story by Sharon Tubbs, and spotlighted a whole bunch of new organizations in Florida and elsewhere started by liberal Catholics who don’t intend to let a few misguided bishops push them around. Bad-apple bishops to the contrary notwithstanding, and whether they still go to church or not, most people who were raised as Catholics will probably look at the presidential candidates and make up their own minds about which candidate supports policies which are consistent with whatever faith they still espouse, thank you very much.  

—Becky O’Malley 

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The soft light of autumn. Vibrant color. The sun overhead but the days crisp. The time of year when nature begins to slow down, to begin preparations for the cold and darkness of winter. A perfect time to spend a weekend soaking up the light and beauty around the Sierra Buttes. 

There is something magical about the angle of light in autumn, as it reveals colors not seen the rest of the year. All of nature glows in richness—the russet and gold of leaves; drying grasses in deep tan and sepia brown; even the rocks glow, their red, charcoal, gray and white sediments standing out in contrast against the deep blue of the sky. 

Located in the western portion of Sierra County, in a canyon carved out of the Sierra Nevadas by the power of the North Yuba River, discover the charming mountain villages of Downieville and Sierra City. Both ideal gateways to the next discovery, the Lakes Basin Recreation Area, straddling the crest of the Sierra Nevadas. You’ll find so much to do and enjoy in this majestic hideaway, that a two-day visit will merely whet your appetite for more. 

The picturesque town of Downieville is packed with history, unpretentious charm and friendly people. Many buildings are remnants of Gold Rush days, when the fever hit and Downieville’s population of 5,000 made it the third largest community in California. A stroll through town, along plank sidewalks, will take you past old brick and stone buildings, many with iron doors and shutters. Large, mature trees shade narrow Main Street, filtering the light and casting interesting shadows in the windows of antique shops, cafes and bars. You can browse, eat or stop in at the Downieville Museum for a glimpse into the past. Pick up a copy of The Mountain Messenger, the oldest continuously operating newspaper in California, whose ledger of past reporters includes Mark Twain. 

Downieville’s biggest attraction may well be its setting—sheltered by canyon walls, thickly forested, and at the confluence of the Yuba and Downie Rivers. Cast your line, hop on a bike or merely stroll, enjoying the fresh mountain air. In late afternoon head for the green bridge to watch the setting sun cast long shadows on the river, the trees, and the homey town of Downieville. 

Twelve miles up Hwy 49, you’ll find another historic town. Sierra City, with its easy access to the North Yuba River, the Pacific Crest Trail, and the Lakes Basin, is just the right base for further exploration. The majestic Sierra Buttes, towering 5,000 feet, shelter the town, acting as buffers against cold winter winds and intense summer heat. Enjoy the gentle climate as you visit the Art Cultural Center and eclectic antique shops; tour the Kentucky Mine Park and Museum, or stop for a bite to eat at any one of the interesting eateries lining the road. 

If you enjoy nature at all times of the day and night, Wild Plum Campground has a campsite with your name on it. Even if camping is not your game, visit this peaceful hideaway for a picnic by the creek or a hike to view the incredible scenery. 

Here, the sounds of cars are left behind; only the cascade of water over rock, the wind through the trees and the calls of the birds interrupt your thoughts. Under pines and firs, a cool breeze off the creek, the pink hues of the Sierra Buttes overhead, you feel much farther removed from civilization than the short, two-mile drive from Sierra City. 

An easy 2.5-mile hike, the Wild Plum Loop Trail, takes you through a mixed conifer forest and across two creeks, while opening up new views of those imposing Buttes. Many consider the Pacific Coast Trail North to Love Falls the most rewarding in the canyon. Multiple falls cascade through a small gorge carved out by the waters of the North Yuba River. The moderate walk to the falls is two miles, part of it on the Pacific Crest Trail. 

One day spent in the Lakes Basin Recreation Area is a teaser, and will leave you hungering for more. Formed by ice-age glaciations, this area covers 11,000 acres, with over 30 mile high, granite-set lakes and 700 miles of stream, much accessible by trail only. Sparkling crystal-blue waters enveloped by mountains thickly forested and those amazing craggy granite peaks. Lush campsites, rustic, unpretentious resorts, few people—you’ll feel you’ve gone back to a time when life didn’t seem so complicated. 

Here you can hike over miles of signed trails to large rock bowls that fill with melted snow and are kept fresh by natural springs. Fish for Brook, German, and Rainbow trout from the shore or from a rowboat. Absorb the beauty around you and relish the thought that here trees and rocks outnumber people. 

Gold Lakes Forest Highway transects the Lakes Basin and provides access to the lakes, resorts and trails. On the road to Sardine Lakes, you’ll come to Sand Pond. Shallow, sun-warmed, this is the local swimming hole and can be quite crowded on summer days. Kids love it. There’s also an .8-mile Sand Pond Interpretive Trail with signs that lead you through this forest-marsh transition zone, explaining relationships and displaying resident wildlife. 

This same road also leads to Packer Lake, a microcosm of the entire Lakes Basin: campground, Packer Lake Resort and Restaurant, boats for hire, fish to catch and winding trails to hike. So quiet you only hear the sounds of nature; enjoy a picnic, a snooze by the lake or hit the trails. From here it’s an easy hike to both Tamarack Lakes and Little Grassy Lake. 

Further up the Highway, at Upper Salmon Lake, surrounded by granite, the Buttes looming in the distance, a boat is necessary to get you to the lodge across the water. This lake is popular with boaters and kayakers, who enjoy fishing at secluded coves and at the wooded island or merely floating across the waters. For the water-wary, Upper Salmon Lakes Trail skirts the east side of the lake, passes the Lodge, and continues across Horse Lake Creek to Horse Lake and farther up to Deer Lake. The views from Deer Lake make the hike worthwhile—a panoramic view of Horse Lake and Upper Salmon Lake with the massive glacial moraine in the background  

The Gold Rush may be long past, but gold surely remains around the Sierra Buttes: the gold of autumn light and a golden opportunity to discover a special place. 

From the snows of winter to the warmth of summer, step back, slow down and relish the fact that not all things must progress.  

Getting There:  

From Interstate 80 turn north at Auburn on Hwy 49. Downieville is 60 miles from Nevada City. The drive from Berkeley is 4.5 hours. To reach the Lakes Basin Recreation Area continue past Sierra City on Hwy 49 to Bassets where it meets Gold Lake Forest Highway. Packer Lake Road (to Sand Pond and Packer Lake) is one mile up Gold Lake Forest Highway from Bassetts. Salmon Lakes Road is two miles further. 

Where to Stay and Eat:  

Kokanee Kabins, Sierra City, (530) 862-1287, www.kokaneekabins.com 

Yuba River Inn, Sierra City, (530) 862-1122, www.yubariverinn.com 

Packer Lake Lodge, Sierra City (530) 862-1221  

Wild Plum Campground: Follow Hwy 49, 0.5 mile past Sierra City. Turn right onto Wild Plum Road, travel 1 mile to campground. 

Red Moose Café, Sierra City, (530) 862-1502 

Buckhorn Restaurant & Bar, Sierra City, (530) 862-1171 

Downieville, Sierra City and the Lakes Basin are within the Tahoe National Forest. Contact North Yuba Ranger Station, on Hwy 49 at Camptonville, (530) 288-3231, for more information. Open Mon.-Fri. 8 a.m.-4:30 p.m. Printed trail guides available at the ranger station or by mail.

FRIDAY, OCT. 22 

Job Fair from 3 to 5 p.m. at Berkeley Youth Alternatives, 1255 Allston Way. 647-0719. 

“So How’d You Become an Activist?” with Annie Pflager, Phil Pflager, George Johnson & Diane Rejman at 7 p.m. at Berkeley Fellowship of Unitarian Universalists, 1924 Cedar St. Donation $5. 528-5403. 

“Misery” The Stephen King film for teens only at 7 p.m. at the Community Meeting Room, Central Library, 2090 Kittredge St. 981-6121. www.berkeleypubliclibrary.org 

“Many Faiths, Many Forms: Dancing the Sacred Together” Workshops on Fri. and Sat. by the Sacred Dance Guild at the Pacific School of Religion, 1798 Scenic Ave. 849-0788. www.sacreddanceguild.org  

City Commons Club Noon Luncheon with Xuerang Sherry Zhang on “The Story of Falun Gong: Is Anyone Listening?” Luncheon at 11:45 a.m. for $12.50, speech at 12:30 p.m., at the Berkeley City Club, 2315 Durant St. 526-2925.  

A Day of Remembrance for victims of domestic violence at 11:30 a.m. at the Alameda County Administration Building Plaza, 1221 Oak St. 272-6693. 

“Three Beats for Nothing” sings mostly 16th century harmony for fun and practice, At 10 a.m. at the North Berkeley Senior Center. Free, drop-ins welcome. 655-8863, 843-7610. dann@netwiz.net  

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 

SATURDAY, OCT. 23 

Gill Tract Harvest Festival Food, music, games, speakers, demonstrations. Tour one of last urban farmlands and research areas. From 10 a.m. to 3 p.m. at the SW corner of Marin and San Pablo Aves, in Albany. Wheelchair accessible. Free. Sponsored by Urban Roots. 235-5519. www.gilltract.com  

Mini Farmers A farm exploration program for children accompanied by an adult. Wear boots and prepare to get dirty. From 2:30 to 4 p.m. at Tilden Nature Area, in Tilden Park. Cost is $3-$5, registration required. 525-2233. www.ebparks.org 

Tail Tales Explore the hind ends of animals to see what tales they tell. From 1 to 2:30 p.m. at Tilden Nature Center, Tilden Park. 525-2233. 

Berkeley Historical Society Walking Tour “The New and Old Berkeley High School Campus,” at 10 a.m. Cost is $8-$10. 848-0181. www.ci.berkeley.ca.us/histsoc/ 

Walking Tour of Old Oakland around the restored 1870s business district. Meet at 10 a.m. in front of G.B. Ratto’s at 827 Washington St. For reservations call 238-3234. www.oaklandnet.com/ 

walkingtours 

Fall Fruit Tasting Discover the many varieties of apples and pears at the Farmers’ Market, from 10 a.m. to 3 p.m. at Center St. at MLK, Jr. Way. Cooking demonstrations at 11 a.m. 548-3333. www.ecologycenter.org  

Project Censored Book Release Celebration, highlighting this year’s censored news and to honor the investigative reporters who brought it forward, at 6:30 p.m. at King Middle School, 1781 Rose St. Catherine Austin Fitts, Founder/ 

President of Solari and whistleblowing former Assistant Secretary of HUD, will keynote the event. Cost is $15 sliding scale. 707-664-2500. 

Wilke Creek Clean-up from 9:30 a.m. to 12:30 p.m. Learn about the Dumping Abatement and Pollution Reduction Program as we remove harmful trash. Refreshments, tools, and gloves provided. Meet on Valley View across from Morninside Dr, near DeAnza High School, the El Sobrante Valley. Youth under 18 years need signed permission from a parent or guardian so please contact us for a waiver in advance. 231-9566. Elizabeth@thewatershedproject.org  

Plants for Small Spaces at 10 a.m. at Magic Gardens, 729 Heinz Ave. 644-2351. www.magicgardens.com 

Día de los Muertos Celebration at 12:30 to 2 p.m. at UC Botanical Garden, 200 Centennial Drive. Cost is $10-$23. Children must be accompanied by an adult. Registration required. Fees include Garden admission. 643-2755. http://botanicalgarden.berkeley.edu 

Nature Drawing with John Muir Laws using techniques from his book “Sierra Birds: A Hiker’s Guide” at 10 a.m. at the Oakland Zoo, 9777 Golf Links Road. For admission prices and information, call 632-9525. 

Branched Drain Greywater System Demonstration Learn how to recycle household waste water at 10 a.m. at Oakland Permaculture Institute, 2135 E. 28th St. Cost is $10-$15, no one turned away. Sponsored by the Ecology Center. 548-2220. www.ecologycenter.org 

Transgender Health Workshop from noon to 5 p.m. at the Pacific Center, 2712 Telegraph Ave. Registration required. 420-7900, ext. 111. 

“Many Faiths, Many Forms, Dancing the Sacred Together” a workshop in dance and movement inspired by religious traditions, at Pacific School of Religion, 1798 Scenic Ave., through Sun. 849-0788. http://www.sacreddanceguild.org 

Sprited Woman Workshop A self-inspiration workshop for women from 1 to 4 p.m. at Studio Rasa, 933 Parker St. Cost is $85, partial scholarships available. 888-428-1234. thespiritedwoman@aol.com 

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

SUNDAY, OCT. 24 

United Nations Day Circle of Concern Silent vigil at 1 p.m., followed by speakers from the United Nations Center in Berkeley, at the west entrance to the UC Campus, at Oxford and University. 763-9326. 

Days of the Dead Community Celebration from noon to 4 p.m. at the Oakland Museum of California, 10th and Oak Sts. 238-2200. www.museumca.org 

Los Días de los Muertos Family Day at 1:30 p.m. at the Richmond Art Studio, 2540 Barrett Ave., Richmond. 620-6770. www.therichmondartcenter.org 

Feast of St. Demetrios Celebration at the Patriarch Athenagoras Orthodox Institute, 2311 Hearst Ave. 649-3450. 

Botanic Garden Gambol Tour California’s great variety of native plants at the Botanic Garden at the center of Tilden Park, from 10 a.m. to noon. 525-2233. 

“Botanizing California” A Workshop/Field Trip to Montara Mountain to see maritime chaparral, north coastal scrub, riparian woodland, and more with Dr. Glenn Keator, Field Botanist Regional Parks Botanic Garden, Tilden Park. Cost is $80-$95. To register call 845-4116. www.nativeplants.org 

Sneaky Snakes and Timid Turtles Learn about these creatures on the front lawn of the Nature Center at 11 a.m. at Tilden Nature Center, Tilden Park. 525-2233. 

Poison Oak and Others You’ll learn about bad plants and their good relatives, and get tips on how to avoid “the itch” at 2 p.m. at Tilden Nature Center, Tilden Park. 525-2233. 

Soap Making Explore the science of soap and learn to make olive oil soap in this hands-on workshop from 2 to 4 p.m. at Tilden Nature Center, Tilden Park. Cost is $10-$12, registration required. 525-2233. 

The Austrian Bank Project with Gerald Feldman, head of the commission to examine the role of the Austrian banks in expropriation of Jewish property, at 2 p.m. at BRJCC, 1414 Walnut St. 848-0237, ext.110. 

East Bay School for Girls Raffle and Auction at 2 p.m. at 2727 College Ave. 849-9444. www.ebsg.org 

Berkeley City Club free tour from 1 p.m. to 4 p.m. Sponsored by the Berkeley City Club and the Landmark Heritage Foundation. Donations welcome. 2315 Durant Ave. 848-7800. 

Artists for Change Fundraiser for John Kerry and MoveOn Pac Food, refreshments, entertainment and affordable art for sale, from 2 to 5 p.m. at 449 49th St. in the Temescal District of Oakland. Cost is $25. 524-5923. 

Improvisational Play Techniques with Masankho Banda of Interplay in a workshop for teens in 7th through 12th grades, from 6 to 8 p.m. at Arlington Community Church in Kensington. Free but registration required. 526-9146. 

“Religions and Politics: A Discussion with George Lakoff” at 7 p.m. at First Congregational Church of Berkeley, 2345 Channing Way. Suggested donation $10, no one turned away. www.spiritedaction.org 

“Theology in the Making: Our Responsibility for Action” with Bill Hamilton Holway at 9:30 a.m. at the Unitarian Universalist Church, 1 Lawson Rd., Kensington. 525-0302.  

Tibetan Buddhism with Lama Palzang and Pema Gellek on “Healing through Mantra” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812. www.nyingmainstitute.com 

MONDAY, OCT. 25 

Domestic Violence Awareness with Gerald Chambers for the West Oakland Mental Health Center at 12:45 p.m. at Boalt Hall, Room 140, UC Campus. 409-0951. 

“Has the Press Failed in Iraq: War, Torture and Accountability” A conversation with Robert Silvers, co-editor, New York Review of Books; Michael Massing, author of “Now They Tell Us;” Mark Danner, journalist, professor and author of “Torture and Truth.” Moderated by Orville Schell, Dean, School of Journalism at 7:30 p.m. at Wheeler Auditorium, UC Campus. Tickets are $10. 642-9988. http://journalism.berkeley.edu 

“Unprecedented: The 2000 Presidential Election” video and discussion at 7 p.m. at Grand Lake Neighborhood Center, 530 Lake Park Ave, Oakland. Donation $1. Sponsored by East Bay Community Against the War. www.ebcaw.org 

“Voices of Dissent: Activism and American Democracy” documentary, at 6:30 p.m. at the Grand Lake Theater, 3200 Grand Ave., Oakland. Panel discussion following. Tickets are $10-$15.  

“Standing Up For Civil Liberties in an Election Year” A discussion of the USA Patriot Act and proposed amendments under HR 10, at 7:15 p.m. at the Rockridge Library, College Ave at Manila, Oakland. Sponsored by The Paul Robeson Chapter of the A.C.L.U. 290-3557. 

“Marijuana vs The Supreme Court” A panel discussion on upcoming legal challenges and related issues at 7:30 p.m. at Berkeley Fellowship of Unitarian Universalists Church, corner of Cedar and Bonita. Sponsored by KPFA. 644-1937. 

Tea at Four Taste some of the finest teas from the Pacific Rim and South Asia and learn their natural and cultural history, followed by a short nature walk. At 4 p.m. at Tilden Nature Area, in Tilden Park. Cost is $5-$7, registration required. 525-2233. www.ebparks.org 

World Affairs/Politics Discussion Group for people 60 years and over meets Mondays at 10:15 a.m. at the Albany Senior Center, 846 Masonic Ave. Join at any time. 524-9122. 

Copwatch Class from 6 to 7:30 p.m. at 2022 Blake St., near Shattuck. Free and open to the public. 548-0425. 

TUESDAY, OCT. 26 

Morning Bird Walk Meet at 7 a.m. at the first pullout on Wildcat Canyon Rd. off Grizzly Peak Blvd. for a look at fall migrants and residents. Call for directions or to reserve binoculars. 525-2233.  

Day of Dialogue: Candidates and Propositions From 10:30 a.m. to 2 p.m. at Vista College, 2075 Allston Way.  

Domestic Violence Awareness Self-Defense Workshop for men and women at 12:45 p.m. at Boalt Hall, Room 140, UC Campus. 409-0951. 

“Global Climate Change: What Are The Facts?” with former U.S. Vice President Al Gore, in discussion with Orville Schell, Dean, School of Journalism at 7:30 p.m. at Wheeler Auditorium, UC Campus. Tickets are $10. 642-9988. http://journalism.berkeley.edu 

Raising the Bar An evening with Clif Bar’s Gary Erickson at 7 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

An Evening with Senator Don Perata at 7:30 p.m. at the BRJCC, 1414 Walnut St. 848-0237.  

Berkeley PC Users Group Problem solving and beginners meeting at 7 p.m. at 1145 Walnut St. All welcome, no charge. 527-2177.  

“Adolescent Sexual Values in Africa” with Datius Rweyemamu of the Univ. of Dar es Salaam at 4 p.m. at 652 Barrows Hall. 642-8338. www.ias.berkeley.edu/africa 

Family Story Time at the Kensington Branch Library, Tues. evenings at 7 p.m. at 61 Arlington Ave. 524-3043. 

Organic Produce at low prices sold at the corner of Sacramento and Oregon Sts from 3 to 7 p.m. 843-1307. 

Berkeley Camera Club meets at 7:30 p.m., at the Northbrae Community Church, 941 The Alameda. 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. 

Acting and Storytelling Classes for Seniors offered by Stagebridge, at Arts First Oakland, 2501 Harrison St. Classes are held at 10 a.m. Tues.-Fri. For more information call 444-4755. www.stagebridge.org 

WEDNESDAY, OCT. 27 

Domestic Violence Awareness with Pablo Espinoza on violence in the LGBT community at 12:45 p.m. at Boalt Hall, Room 140, UC Campus. 409-0951. 

“Farenheit 9/11” at 7 p.m. at Humanist Hall, 390 27th St., Oakland. Donation $3-$5, no one turned away. Sponsored by the International Council for Humanity. 419-1405.  

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. For reservations call 238-3234. www.oaklandnet.com/wallkingtours 

District 6 Candidates Night with Betty Olds and Norine Smith. Opening comments by Mayor Tom Bates. 7:30 p.m. at The Hillside Club, 2286 Cedar St. http://groups.yahoo.com/ 

group/northside/ 

Community Workshop on Commercial Parking at the Planning Commission at 7 p.m. at the North Berkeley Senior Center. 981-7429. 

“California State Propositions: A Progressive Approach” with Betty Brown, at 1:30 p.m. at the North Berkeley Senior Center. Sponsored by the Berkeley Gray Panthers. 548-9696. 

“The Campaign: Strategy, Tactics and Rhetoric” with Mary Hughes, George Lakoff and Sean Walsh at 3 p.m. at 109 Moses Hall, UC Campus. http://politics.berkeley.edu 

“History of Free Medical Care in Berkeley” with Roberta Hector Ghertner of the Berkeley Clinic Auxiliary at 1 p.m. at the Northbrea Community Church, 941 The Alameda. jerrykey@earthlink.net 

The Knitting Hour at 6 p.m. at the Berkeley Public Library, West Branch, 1125 University at San Pablo. All are welcome. 981-6270. 

“Central do Brasil” a film of an emotional journey to Brazil’s remote Northeast at 7 p.m. at the CLAS Conference Room, 2334 Bowditch St. In Portuguese with English subtitles. 642-2088. www.clas.berkeley.edu 

Tradition and Change: Conservative Judaism 101 An exploration of the history and legal decisions of the Conservative Movement in America and its counterpart, the Masorti Movement around the world, at 7:30 p.m. at BRJCC, 1414 Walnut St. 848-0237, ext. 110.  

“Living and Writing in an Uncertain Reality” with Israeli author Orly Castel-Bloom, at 7:30 p.m. at BRJCC, 1414 Walnut St. 848-0237, ext. 110. 

The East Bay Children’s Theater Auditions for adults for the production “There’s no Business Like Shoe Business” at 9:30 a.m. at Piedmont Community Church, 400 Highland Ave, Piedmont. 537-9957.  

Acupuncture & Integrative Medicine College Open House from 6 to 8 p.m. at 2550 Shattuck Ave. Learn about how you can become a licensed acupuncturist. RSVP to 666-8248, ext. 106. 

Upfront Talk About Arrangements for Death and Dying with Betty Goren at 1 p.m. at the North Berkeley Senior Center. 981-5190. 

Prose Writers’ Workshop An ongoing group focused on issues of craft, at 7 p.m. at the Berkeley Jewish Community Center, 1414 Walnut St. 524-3034. georgeporter@earthlink.net 

Bayswater Book Club meets to discuss “Rabbi Jesus” by Bruce Chilton at 6:30 p.m. at Barnes and Noble Coffee Shop in El Cerrito Plaza. 433-2911. 

Berkeley Peace Walk and Vigil at the Berkeley BART Station, corner of Shattuck and Center. Vigil at 6:30 p.m. followed by Peace Walk at 7 p.m. www.geocities.com/vigil4peace/vigil 

CITY MEETINGS 

Parks and Recreation Commission meets Mon., Oct. 25, at 7 p.m., at the North Berkeley Senior Center. Deborah Chernin, 981-6715. www.ci.berkeley.ca.us/commissions/parksandrecreation 

Solid Waste Management Commission Mon., Oct. 25, at 7 p.m., at 1201 Second St. Becky Dowdakin, 981-6357. www.ci.berkeley.ca.us/commissions/solidwaste 

Citizens Budget Review Commission meets Wed., Oct. 27, at 7 p.m., at the North Berkeley Senior Center. 981-7041. www.ci.berkeley.ca.us/commissions/budget 

Civic Arts Commission meets Wed., Oct. 27, at 6:30 p.m. at the North Berkeley Senior Center. Mary Ann Merker, 981-7533. www.ci.berkeley.ca.us/commissions/civicarts 

Disaster Council meets Wed., Oct. 27, at 7 p.m., at the Emergency Operations Center, 997 Cedar St. Carol Lopes, 981-5514. www.ci.berkeley.ca. us/commissions/disaster 

Energy Commission meets Wed., Oct. 27, at 6:30 p.m., at the North Berkeley Senior Center. Neal De Snoo, 981-5434. www.ci.berkeley.ca.us/commissions/energy 

Mental Health Commission meets Wed., Oct. 27, at 6:30 p.m. at 2640 MLK Jr. Way, at Derby. Harvey Turek, 981-5213. www.ci.erkeley.ca.us/commissions/mentalhealth 

Planning Commission meets Wed., Oct. 27, 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 Oct. 27, at 7:30 p.m. at the North Berkeley Senior Center. Barbara Attard, 981-4950. www.ci.berkeley.ca.us/commissions/policereview 

Zoning Adjustments Board meets Thurs., Oct. 28, at 7 p.m., in City Council Chambers. Mark Rhoades, 981-7410. www.ci.berkeley.ca.us/commissions/zoning  

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