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Jakob Schiller
          Ahbiayed, who said he has been homeless in Berkeley for more than 30 years, pushes his belongings in a shopping cart down Martin Luther King, Jr. Way Thursday evening. He said that he has no complaints about the way the homeless are treated in the city.
Jakob Schiller Ahbiayed, who said he has been homeless in Berkeley for more than 30 years, pushes his belongings in a shopping cart down Martin Luther King, Jr. Way Thursday evening. He said that he has no complaints about the way the homeless are treated in the city.
 

News

Protecting Possessions For City’s Homeless Strains Resources

By MATTHEW ARTZ
Friday November 12, 2004

Davida Coady welcomes just about anybody into her drug and alcohol rehabilitation program at the Berkeley Veterans’ Building, but she isn’t rolling out the red carpet for the building’s newest arrival. 

The city is spending $50,000 to move its storage locker program for homeless people into the veterans’ building by the beginning of next year and will spend an extra $45,000 a year to keep it operating. 

“The lockers are such an incredible waste of money,” said Coady, whose program, Options Recovery Services, receives $54,000 a year from the city. She fears that the lockers, slated for the building’s courtyard will expose her clients to drug dealers, physical violence and vermin. 

“I’ve only known one client who ever had a use for a locker,” she said. “When we’ve helped other people clean them out it’s been just garbage, drugs, needles and syringes.” 

In a city that by the most recent estimates is home to more than 800 homeless people, dealing with their possessions can be a divisive and expensive proposition. 

This year, for instance, the City of Berkeley initiated a new program to store shopping carts and other items which appeared to belong to the homeless in a refrigerated shipping container stored underneath I-80 on University Avenue.  

City policy calls for keeping such property for 90 days so the owners have a chance to claim it. The city spent about $8,000 to buy the container and will spend an extra $3,000 a year to refrigerate it so that perishable goods left inside the carts don’t spoil, said Deputy Public Works Director Patrick Keilch. Additionally, he said, the two city workers who pick up an estimated 1.5 tons of abandoned property each day—two-thirds of which is estimated to be left behind by homeless people—cost the city a combined $150,000 a year. 

“It can be a pain in the neck, but this is one of the impacts that cities with a lot of homeless people face,” said Berkeley Mental Health Director Harvey Tureck. 

Tureck has been working to revamp the city’s locker program originally at Shattuck Avenue Self Storage on the corner of Shattuck Avenue and Ward Street for several years. Initiated in 1993 as part of the city’s effort to improve homeless services after city voters passed a ballot measure to crack down on aggressive panhandling, the program, which included 99 lockers at the private storage center, had come under fire from both homeless service providers and neighbors. 

“[Homeless people] were using our driveways and side yards as bathrooms,” said Joan More, who lives near the storage facility. 

While neighbors complained about excessive loitering, the Suitcase Clinic, a homeless advocacy group, was pushing for stronger city supervision at the site. 

“Our clients were complaining that they couldn’t get a locker because there was no turnover and that many of the lockers belonged to people who had left town or already received housing,” said Adam Balinger formerly of the Suitcase Clinic. 

When the storage facility tripled its rental rates in 2002, Tureck said, the city decided to seek a new home for the program. The initial plan, Tureck said, was to follow the model of Santa Cruz and spread out the lockers among homeless service providers and connect them to counseling. 

But when the city sent out proposal requests to service providers, it received only one response. With no other options, the city struck a deal in April with Building Opportunities For Self-Sufficiency (BOSS) to install 96 lockers at the veterans’ building where BOSS operates the Multi Agency Service Center (MASC) from the building’s basement. BOSS is scheduled to receive $45,000 a year to run the program. 

Belongings formerly stored in the lockers at Shattuck and Ward have been transferred to a different shipping container under I-80 where they will remain for 90 days before being discarded. 

Although the locker program was approved by the City Council in April, Coady and other service providers at the veterans’ building, including The Berkeley Place for the Deaf, said city officials didn’t inform them of the program until last month. 

The city will start the program gradually with only 20 lockers in service, and will erect a gate around the lockers to keep clients from accessing them after the MASC closes at 4 p.m.  

BOSS will assign a full-time case manager to provide counseling to locker users, which the city did not do at the Shattuck facility. 

“This is not going to be ‘here’s your locker and we’ll check in with you in ten months,’” BOSS’ Robert Long. “We’re going to know the client and know that they are not storing weapons or drugs.” 

BOSS’s Robert Long said the importance of storage space for the homeless, such as the locker program, was illustrated earlier this year when BOSS briefly allowed clients to store shopping carts in the office’s courtyard. “People would fill up one cart and then leave and go fill up another. It got so bad we had to stop it,” he said.  

With city lockers hard to come by, many of Berkeley’s homeless have long used shopping carts to wheel around and store their belongings, to the chagrin of many of the local supermarkets who have had to replace their stock of metal carts more often they would like. 

Berkeley appears to be California’s unofficial capitol of shopping cart theft. Colleen Ferrington of Polaris Office Equipment, based in Tracy, Calif., said she sells more shopping carts to Berkeley supermarkets than to any other city, including San Francisco. 

Before Andronico’s Berkeley stores switched last year to a theft-proof car with a fifth wheel that drops down and disables the cart, the chain was ordering about 100 new carts a year per store, she said, almost a complete turnover.  

Homeless people usually don’t steal carts from stores, but pick them up after shoppers wheel them home and don’t return them, Ferrington added. 

While homeless people in Berkeley don’t seem to have much difficulty finding carts, they sometimes have trouble keeping them. When they are arrested or when they leave the carts unattended, the city removes them and until this year stored them for 90 days at the corporation yard. 

Under the new program, carts are taken by Public Works to the container and tagged. About ten percent of the items are retrieved, and those that aren’t after 90 days are either recycled or dumped. The belongings aren’t removed from carts before they are stored in case they contain hypodermic needles or other unsafe items. 

“A lot of money is spent on carts,” said Renee Cardinaux, city public works director. Most of the expenses, though, come from paying staff to haul off the abandoned property, not storing it, he added. 

The decision to store shopping carts is based on a state law that requires cities to store “lost property.” Acknowledging that shopping carts might not qualify as “lost property, Assistant City Attorney Matthew Orebic said the city attorney’s office preferred to err on the side of caution. 

“Is this ‘lost property’? Maybe not, but no court has determined that so. In an abundance of caution the city has adopted the 90-day period,” he said. 

He added that San Francisco, the University of California and Caltrans have all adopted 90-day holding periods for lost property after facing legal challenges. 

Another state law makes it illegal to be in possession of a shopping cart with the identification of the owner affixed to it, and requires the city to return the cart to the supermarket. Orebic, however, said the rule rarely applies in Berkeley because most shopping carts that are retrieved lack tags linking them to a particular market. 

In prior years, Cardinaux said the city contacted stores to pick up their carts, but few ever bothered. 

Local supermarket managers interviewed this week said the city’s storage program was news to them and with the average price for a new cart at $135, they wouldn’t turn away functioning carts. 

“We’d definitely take them back,” said Jerry Chow, an assistant manager at Safeway on Shattuck Avenue. “We just had to order a new batch.” 

 

 

 

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Council Opts to Create Creeks Task Force, Delays Foothill Bridge

By MATTHEW ARTZ
Friday November 12, 2004

The City Council approved a plan Tuesday to create a task force to review Berkeley’s Creeks Ordinance, leaving dozens of homeowners who packed the council’s chambers howling in disgust. 

“This was shameful and disgraceful,” said Former Mayor Shirley Dean after the council voted 7-2 (Olds, Wozniak, no) to establish a creeks task force and reject an alternative plan put forward by Neighbors On Urban Creeks (NUC).  

Fearing that a taskforce would be stacked against them, the group had proposed that the council establish a 12-person committee, with six members appointed by NUC and six members appointed by various creek advocacy groups. 

Also Tuesday, the council returned a plan to remodel the Jensen Cottage to the Zoning Adjustments Board for further consideration, stripped a residential-only building option from a new set of zoning rules for University Avenue, and postponed a vote on whether to allow UC Berkeley to build a bridge over Hearst Avenue. 

After months of wrangling over how to revise the city’s 15-year-old creeks law, the council opted to create a 15-person task force as proposed by Mayor Tom Bates and councilmembers Linda Maio and Miriam Hawley. 

All nine members of the council will make an appointment to the task force, four city commissions will each appoint one member, as will Neighbors on Urban Creeks, the leading homeowner group, which wants to weaken restrictions on development alongside creeks, and a coalition of creek advocacy groups, which want to strengthen the current law. Appointments will be made after the newly elected City Council takes office next month. 

Councilmembers Gordon Wozniak and Betty Olds, who represent sections of the Berkeley hills where most of the affected homeowners live, chastised their colleagues for rejecting the group’s proposal. 

“They’ve made a fair proposal,” said Councilmember Wozniak. “I don’t understand why the council is reluctant to listen to its citizens.” 

Bates said that he feared a committee selected solely by interest groups would be “a wrestling match” and never be able to reach a compromise. 

The task force will be prohibited from discussing the issue of whether the city is responsible for repairing concrete culverts underneath private property. The city maintains that the culverts on private property are the responsibility of the owners. Currently, Berkeley is fighting a lawsuit from a group of neighbors whose homes are threatened by a collapsing culvert underneath their properties. 

The task force will be responsible for reviewing the definition of a creek, determining if culverts should be regulated differently from open creeks, reviewing the current law’s prohibition against new construction near creeks and considering ways to unearth culverted creeks on private property. If no recommendations are forthcoming by May 2006, the restriction on building within 30 feet of a culverted creek would be indefinitely suspended. 

The current law, prohibiting new roofed construction within 30 feet from the centerline of an open creek or an underground creek culvert, came under attack earlier this year when new city maps showed that about 2,400 homeowners, many of whom didn’t know that they lived above an underground culvert, were affected by the law. 

 

Jensen Cottage 

The council Tuesday voted 6-3 (Olds, Hawley, Wozniak, no) to send back, for 60 days, a proposed residential addition at 1650 La Vereda Road to the Zoning Adjustment Board 

The home, known as the Jensen Cottage, was built in 1937 and designed by William Wurster, the acclaimed architect for whom UC Berkeley’s Wurster Hall is named. 

By sending the item back to ZAB, the council effectively granted the Landmarks Preservation Commission two months to landmark the structure, which would give it authority over external alterations. Last week, City Planning Manager Mark Rhoades told the commission it could not landmark the building because ZAB had already approved the alteration request. 

At Tuesday’s meeting, however, Rhoades said that information submitted to the commission last week “indicated that [the house] is a significant piece of William Wurster’s style.” 

Preservationists argued that the home foreshadowed modernist designs that would become popular in later decades and that the plan to increase the home’s size by about 65 percent would destroy its simple and quaint charm. 

“The original plan was to add one bedroom, but the plan we received is like building another home next to the house,” said Ruth Rosen, a retired UC Davis history professor. 

The home is owned by Marguerite Rossetto, 87, whose son, Louis Rossetto, the co-founder of Wired Magazine, said his mother was seeking the addition because she wanted a bedroom built on the first floor. 

After the meeting, their attorney Rena Rickles said the city had had violated her clients due process rights by allowing opponents of the project a second chance for their appeal.  

 

University Avenue 

The council voted 8-0-1 (Olds abstained) to approve new zoning laws for University Avenue at the first reading. Bowing to the demands of a group of avenue-area residents, the rules will exclude one section that would have instituted a new zoning provision for residential-only buildings. 

PlanBerkeley.org, a group that has fought for reducing the size of new developments on University Avenue, had urged the council to strike the residential-only building from the new zoning rules. They believed that by using a state law that grants extra space for projects including affordable housing, developers would be able to build the residential-only structures up to two stories higher than allowed under the avenue’s strategic plan. 

The Planning Commission will revisit the residential-only option and offer the council a recommendation by April. 

Planning Commissioner Gene Poschman first raised the issue to the council last month when it was scheduled to pass the plan in its entirety. Poschman said, he “dropped the ball” during commission meetings last spring when he failed to calculate the effect of the proposal. 

After the vote, Stephen Wollmer of PlanBerkeley.org said he thought the Planning Commission and residents could devise a better option for residential-only buildings that could be a model for other parts of the city. 

 

Foothill Bridge 

The council voted 7-2 (Wozniak, Hawley, no) to delay a decision until Dec. 7 on whether to grant UC Berkeley permission to build a footbridge 21 feet over Hearst Avenue.  

Mayor Bates asked for the postponement to give the council more time to consider the university’s proposal, even though the city isn’t expected to receive any new information on the bridge before the scheduled vote. The delay means that the newly elected City Council will make the final call on the bridge. 

The university has been seeking to build the bridge to connect La Loma Dormitory on the north side of Hearst to the rest of the Foothill housing complex since the project was proposed in 1988. 

Without the bridge, Tom Lollinii, the university’s assistant vice chancellor for planning, said disabled students would continue to be denied access to La Loma. 

The university has rescinded three prior requests for the bridge in the face of council opposition, but this time UC Berkeley is offering the city $200,000 in pedestrian safety improvements along Hearst and granting it veto power over the design of the bridge. 

Still, councilmembers Olds and Spring reiterated their opposition to the project. 

Noting that access to the bridge would require an elevator and a key, Spring, who uses a wheelchair, said she wouldn’t be able to use the bridge.  

“I don’t think it’s accessible,” said Spring, who favored building a tunnel underneath Hearst that could be used by all pedestrians. University officials have said a tunnel would not be feasible at the site, though they have not produced any study of the tunnel option. The bridge would be available to all residents of the dorm, but not the general public. 

Wozniak, whose district includes the housing complex, countered that the bridge would clearly benefit members of the community. “This is a good thing and we should move ahead and get it out of the way,” he said.  


Housing Boom Ending, Says Berkeley Planner

By RICHARD BRENNEMAN
Friday November 12, 2004

Berkeley’s seven-year housing boom may be going bust, and Planning Director Dan Marks wants the regional agency which has pushed for ever more units to ease off their demands for more. 

In an Oct. 27 letter to the Association of Bay Area Governments (ABAG), the multijurisdictional agency which sets the official housing construction goals for regional cities, Marks said a glutted market and falling rents are evidence that the boom can’t be sustained in Berkeley. 

“The city has clearly been engaged in what is a cyclical residential construction boom,” wrote Marks. “However, there is growing evidence that it is not sustainable, as the student market becomes saturated, and rents have begun to decline in the past two years.” 

ABAG has backed the Berkeley apartment boom with demands for more housing and by authorizing tax free bonds for some of the city’s most controversial projects, including those built by developer Patrick Kennedy with UC Berkeley Professor David Teece. 

Marks said some developers with projects already approved the city “have either not proceeded to apply for building permits or are trying to reposition their projects in light of changed market circumstances, increased construction costs, and the specter of higher interest rates.” 

According to Marks’s figures, the city has added an average of 185 housing units per year for the last five years. ABAG calls for 222.5 units every year from 2000 to 2025. 

“To assume that the City of Berkeley can increase residential development by 40 percent over that which occurred during this five-year boom and then sustain it for 15 years is clearly inappropriate,” Marks wrote. 

The planning director’s letter was sparked by the release last month of ABAG’s draft of their housing projections for 2005. 

“While the city is committed to doing its share to meet housing needs, it believes the projections promulgated by ABAG...are unworkable. To make such assumptions simply sets unreasonably high expectations on the city’s and the market’s ability to generate housing and leaves regional deficits due to these unreasonable expectations.” 

Marks said Berkeley’s seven-year boom has dwarfed anything seen in the city in the past 20 years. 

“Between 1980 and 2000, the City of Berkeley gained 251 units,” Marks wrote. “By the city’s count, between July 1, 1999 and September, 2004, building permits were taken out for 571 new units and an additional 232 units (not counting group quarters) were built by the University of California,” for a total of 832. 

“Another 418 units are in the pipeline with approved Use Permits, and an additional 300-plus units are somewhere in the entitlement process.” 

UC Berkeley has expanded its housing significantly in the same period. The just-opened Channing Bowditch Apartments offer 228 student spaces in 57 units, and the Unit 2 residence halls, coming online in the Spring semester, will offer another 420 spaces. More units will be available in the Fall. 

According to published accounts, the UC Berkeley student housing office was able to find spaces for all students on the spring wait list for campus housing, the first that has happened in years. 

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Developer Wins Pact to Build Point Molate Casino

By RICHARD BRENNEMAN
Friday November 12, 2004

Richmond City Councilmembers gave Berkeley developer James D. Levine the go-ahead Tuesday night for his plans to build a “world class” casino resort on the Point Molate shoreline. 

Six councilmembers voted to approve the plan from Levine’s Upstream Point Molate LLC, with two voting against and Mayor Irma Anderson abstaining. 

Though rival bidder ChevronTexaco offered more cash up front—$50 million on signing, compared to $20 million on close of escrow from Upstream—councilmembers said they were forced to reject the offer because the oil company failed to offer a proposal that included new jobs and ongoing economic development for the city.  

Interim City Manager Phil Batchelor placed the long-term value of the Upstream offer at over $350 million—assuming the tribe picked by the developer wins reservation status for the land and clears the federal and state gambling approval process. 

“I’m relieved,” said Levine after the vote. “It’s no fun being in a PR campaign against Chevron. But after all the ads, the truth came out about what the proposals really are.” Levine’s partners include Harrah’s Entertainment, the Cohen Group (headed by former Defense Secretary Richard Cohen) and the Guidivilles. 

“Obviously, we’re disappointed,” said ChevronTexaco spokesperson Dean O’Hair. “The council made the wrong decision. We’ll have to start thinking about the next step.” 

The oil company contends that Levine’s proposals would cause serious security problems for the refinery. 

Both bidders sweetened their offers during negotiations since the proposals last appeared before the council. Levine’s consortium added a backup plan to build 800 luxury condominiums should his plans for a tribal casino stumble. Upstream estimated the long-time income to the city from the housing alternative at $250 million, Batchelor said. 

The sense of urgency evident in the council’s push for a deal was spelled out in a memorandum Batchelor circulated before the meeting, citing the city’s “pressing need for cash to build, repair, and refurbish its assets.” 

The city manager cited the looming needs totaling nearly $356 million, including $209 million for roads, $50 million each for sewer repairs and earthquake retrofitting of city buildings, $21 million to restore the city’s depleted workers compensation reserves. 

Tuesday’s meeting drew a large crowd to City Council chambers, which were packed well beyond the “maximum capacity” limits posted on the walls. While standees were legally limited to 15, more than 75 people were crowded along the walls and in the back. 

When it came time for the public comments period, pro-casino speakers outnumbered Chevron supporters 22-6, with 8 speakers decrying both proposals. 

Labor unions were the biggest casino supporters, seeing a job bonanza in the four hotels, casino and upscale shopping plaza Levine proposes. The developer also worked Richmond’s African American churches, enlisting ministers and lay activists with promises of jobs for the young. 

Dennis Triplitt, regional real estate projects manager for the oil company, delivered a pre-signed copy of the ChevronTexaco’s proposal to City Clerk Diane Holmes. 

By guaranteeing that 75 percent of the site would be reserved for park and open space use—and providing additional space for the Bay Trail on land the firm owns adjacent to Point Molate—the oil company proposal was favored by the representatives of environmental groups who spoke at the meeting. 

The sticking point for many of the councilmembers, starting with Nathaniel Bates, was the lack of a clear plan for creating jobs and economic development, which is the mandatory use of former military bases deeded to local governments under the Base Closure and Realignment Act. 

The navy began a hazardous waste cleanup after closing its refueling base on the site. Land already deeded to the city has been restored to federal levels, and cleanup operations continue on the remainder of the land, which will be deeded to the city once the cleanup is complete. 

Triplitt acknowledged that he hadn’t been able to calculate jobs or economic benefit numbers. 

“I’m really disappointed this deal was not better tonight,” Councilmember Maria Viramontes told Triplitt. “A lot of people believed Chevron was going to put forward a proposal we could take seriously.” 

Mayor Irma Anderson said she liked the front money Chevron was offering, “but I do need some information on how we can develop jobs in perpetuity.” 

Levine had the numbers, starting with the promise of 6,600 jobs, a third of them hired from the local community, if the casino proposal clears all the bureaucratic hurdles—a process he said was a 75 percent probability and that would take from two-and-a-half to five years. 

While Gov. Arnold Schwarzenegger has signed an agreement that would give Casino San Pablo exclusive rights within a 35-mile radius, Levine said his proposal wouldn’t be affected because the Guidiville band of Pomo tribespeople has a court-approved right to claim land. 

Levine estimated that his casino would yield state government $100 million a year is revenues. 

He acknowledged there’d be fewer jobs if the casino plan failed. His condo alternative stood a 95 percent chance of success, he said, though there’d be fewer jobs with reduced retail space and hotel rooms slashed from 1,100 to 400 or so. 

“This is an enormous opportunity to get a permanent source of jobs,” said Councilmember Jim Rogers. “To get a long-term economic engine you have to sacrifice a little in the present to get the benefits in the future.” 

To critics who had urged him to delay the vote to win time for a better offer Councilmember Tom Butt said, “It’s time to act...I have begged and pleaded with (ChevronTexaco) to try to get them to give us a viable proposal. What they gave us is a proposal with two fluffy buns on either side of it, but it’s got no meat. 

“As far as I’m concerned, we have one proposal, and with the exception of the casino, it’s a good plan,” Butt said. 

“If we were looking for a quick fix, we would chose Chevron,” said Councilmember Mindell Lewis Penn. “Upstream offers us long term benefits that will affect the city for generations to come. Tonight is the night we have to either paint or get off the ladder. 

Councilmember Bates faulted Chevron for refusing to enter the bidding for Point Molate early on. “Upstream and Harrah’s have shown respect for this city,” he said, as well as the wealth to defend the city from any potential lawsuits the oil company may file to challenge Tuesday’s vote. 

“We do need money immediately,” said Mayor Anderson, “but I don’t agree with Chevron that they could give us a project without a sustainable economic development plan. The whole purpose of a reuse plan is to create an economic engine, and Chevron has not done that.” 

Anderson wanted to delay the vote, but her colleagues didn’t. 

Bell moved approval of the Upstream offer and Penn seconded. Belcher and Viramontes voted no; the mayor abstained. Bell, Penn, Butt, Bates, Griffin and Rogers carried the day.  

Gayle McLaughlin, elected to the council last week and scheduled to take her seat in January, called the vote a mistake. 

“Both proposals were not in the public interest,” she said. “We’ll see if Chevron comes back and makes a counterattack.” 

McLaughlin said she favored keep 70 percent of the site as open space, “with the right kind of development for the other 30 percent, something environmentally friendly and socially friendly.”


Southside Plan Critiques Sought By City Planners

By Richard Brenneman
Friday November 12, 2004

Berkeley residents will have their chance to weigh in on the proposed Southside Plan Monday night when the city Planning Department holds a scoping session in the North Berkeley Senior Center, 1901 Hearst Ave. 

The proposed plan is intended to guide growth in the area immediately south of the UC Berkeley Campus through 2020. 

Before the plan can be implemented, the city must first prepare an environmental impact report outlining the plan’s probable effects on land use and city policy; population, employment and housing; transportation, circulation and parking; air quality; noise; public services and recreation; utilities and infrastructure; cultural resources; and conclusions based on an assessment as spelled out in the California Environmental Quality Act. 

The report must also include possible alternatives to the strategies contained in the planning document. 

The boundaries of the planning district are roughly Bancroft Way on the north and Dwight Way on the south between Fulton and Prospect streets, though Telegraph Avenue is included between Bancroft Way and Parker Street. 

Comments must reach the city by Dec. 6 to considered in the EIR. 

Copies of the plan and the initial study are available online at: www.ci.berkeley.ca.us/planning/landuse/plans/southside/welcome.htm. 


Housing Commission Delays Vote For Scarce Affordable Housing Funds

By MATTHEW ARTZ
Friday November 12, 2004

A decision to delay the battle for the city’s scarce affordable housing funds and allow one developer to overhaul its financing scheme months after the deadline has raised eyebrows among developers and some city housing commissioners. 

“It seems too late in the process to resubmit proposals,” said Jane Coulter of the Housing Advisory Commission. Coulter was a member of the commission’s Housing Trust Fund Subcommittee, which had recommend that three proposals receive city aid. 

But last week, the commission, at the request of Housing Manager Steve Barton, voted to delay a full recommendation to the City Council until Dec. 9. The council will hold a work session on the trust fund allocations Dec. 7 and make a final decision Jan. 11. 

The commission recommended Nov. 4 that the City Council allocate $727,000 for Affordable Housing Associates (AHA) Sacramento Senior Homes project, where neighbors have ended a legal battle that delayed construction for months. 

The commission agreed to postpone its recommendation give one applicant, Jubilee Restoration Inc., a chance to respond to a critical report alleging mismanagement from the federal Department of Housing and Urban Development. It also will allow commissioners a chance to review a revised financing proposal for the Oxford Plaza development. The 96-unit building, to be developed by Resources for Community Development (RCD), is slated to rise alongside the David Brower Center, which city leaders hope will be a destination point for visitors to downtown Berkeley. 

Neither project won the support of the subcommittee, which in addition to Sacramento Senior Homes, backed giving $1.9 million to a senior affordable housing project proposed by Satellite Homes at 1535 University Ave. and $1.95 million to a live-work loft development proposed by AHA for 1001 Ashby Ave. 

The trust fund is a federally-funded reserve set aside by the city to fund permanently affordable housing.  

Competition has been stiff among affordable housing developers this year because for the first time the city’s trust fund doesn’t have enough money to fund every project. By using a large chunk of its funding from HUD next year, the trust fund will have about $4 million—enough to fund two of the four proposed projects. 

Without an allocation from the trust fund, developers can’t seek other sources of funding and must delay their projects. 

The Satellite Homes project appeared to have the inside track for funding because it was the only applicant that qualified for a special $1.4 million pool of funding from the fund. That money is limited only to projects that don’t seek funds from the state’s Multifamily Housing Program. Satellite is seeking to qualify for a special high yield tax credit that would enable them to forego funding from the state program. 

However, two weeks ago Resources for Community Development submitted a new financing proposal—three months after the initial deadline—that would also use high yield credits thereby qualifying them for the same pool of money as Satellite. 

Satellite was not pleased by the last minute change. “We have tried to be faithful to the process,” said Satellite Executive Director Ryan Chow. “My hope is that the subcommittee’s recommendation will be accepted by the HAC.” 

Dan Sawislak, executive director of Resources For Community Development, countered that his organization hadn’t broken any rules and that affordable housing developers typically alter financing for their projects. 

Affordable housing project proposals evolve all the time, said Barton, the city housing director, who added there was no “automatic right answer” for how to deal with RCD’s new proposal. 

“On the one hand you want the most fair competition, but on the other hand you want to present the council with the best possible proposals,” he said. 

At last week’s meeting, the commissioners seemed divided over the Satellite and RCD proposals. Commissioners Coulter, who was appointed by Councilmember Miriam Hawley, and Anne Wagley, who was appointed by Councilmember Gordon Wozniak, argued that Satellite was closer to breaking ground and that it would face greater costs if it was delayed since it owns its proposed site, while the RCD site generates money as a city-owned parking lot. 

Victoria Liu, appointed by Mayor Tom Bates, disagreed saying that by being coupled with the Brower Center, Oxford Plaza “would be a great attraction for the city.” 

 


Campus Bay Regulatory Handover Moves Ahead

By Richard Brenneman
Friday November 12, 2004

The transfer of toxic cleanup supervision at the Campus Bay site project in Richmond has been underway since Monday, a spokesperson for the state Department of Toxic Substances Control (DTSC) in Berkeley said Thursday. 

The toxics agency assumed control of the massive mountain of buried waste on the 40-acre site where a Marin County developer hopes to build a 1,330-unit condo and apartment complex on the South Richmond shoreline. 

Angela Blanchette, spokesperson for the DTSC, said investigators from her agency were evaluating the site this week to ensure operations there were in compliance with department standards. 

The San Francisco Bay Regional Water Quality Control Board ceded control over the upland portion of the site Monday, following a hearing held Saturday by state Assemblymembers Loni Hancock (D-East Bay) and Cindy Montanez (D-San Fernando Valley). 

Montanez also chairs the Assembly Select Committee on Environmental Justice and the powerful Rules Committee. 

The Water Board retains cleanup control of the adjoining marsh and wetlands. The DTSC will now control the polluted muck excavated from the shoreline, which is being stored on the upland site. 

Excavations were halted Tuesday, pending the DTSC assessment and completion of the handover. DTSC will also play an ongoing role in the wetlands cleanup, Blanchette said. 


Hancock Calls For Better Response to UC Hacking

By J. DOUGLAS ALLEN-TAYLOR
Friday November 12, 2004

Assemblymember Loni Hancock is criticizing the state response to a recent UC Berkeley computer hacking incident as too little and too late. 

Hancock is calling upon the California Department of Social Services (CDSS) to “develop a stronger policy that both prevents the unauthorized access to personal information and requires departments to respond quickly if security breaches occur.” 

In addition, Hancock wants the department to do a personal mailing to the more than half a million citizens whose personal identity information may have been stolen in the hacking. 

In the meantime, CDSS officials are now refusing to release any more details of the hacking incident, citing an FBI investigation into the matter. 

Last month, CDSS issued a statewide media alert in an attempt to notify the citizens whose personal information was stored in the hacked UC computer. At issue are the names, social security numbers, addresses, telephone numbers, and birthdates of some 600,000 In Home Supportive Services (IHSS) program whose information had been uploaded on the UC Berkeley computer by a Connecticut-based researcher. Among those who may be at risk are seniors and disabled persons who receive regular in-home visits by IHSS workers. 

The chain of events began Aug. 1 when a hacker broke into a UC Berkeley computer containing the IHSS information. The data was being used on the UC computer by Connecticut College Associate Professor of Economics Candace Howes, who was conducting a state-approved research project on the In Home Supportive Services program. 

Carlos Ramos, state assistant secretary of health and human services, told reporters earlier that UC Berkeley officials became aware of the hacking on Aug. 30, but did not report the matter to the CDSS until Sept. 21. Ramos also said that the personal identity information should have been removed from the database before it was loaded onto the UC computer.  

CDSS has said that the investigation “has not determined whether any personal data was acquired” during the hacking. 

On Oct. 19, a month after being informed by UC Berkeley, CDSS issued a “media advisory,” sending out press releases and posting information on their website about the computer break-in. The alert included guidelines for IHSS workers and clients on how to contact credit reporting agencies to make sure they had not been the victims of identity theft, and included a hotline number for affected citizens to call in to receive more information and instructions. 

Assemblymember Hancock says that is not enough. 

“We are asking for individual notification of both clients and workers,” said Hancock Chief of Staff Hans Hemann. “CDSS has informed us that the next step they’re going to take will be to attach something to the pay stubs of IHSS workers about the hacking, but we still hold that they need to go beyond that. They need to provide something to the workers that distinguishes itself from any other mailing that the workers receive, something that’s very distinct, perhaps on different colored paper.” 

But Hemann says it is the home services clients about whom Hancock’s office is most worried, “since they have less chance for interaction with the state agencies or county agencies.” Hemann identified clients, rather than workers, as the largest number of individuals who were potentially affected. 

In addition, Hemann said Hancock was “concerned” about the two and a half months it took from the time the security breach was detected until the time information about the hacking was released to the public as well as “disappointed” by the number of calls received by the CDSS hacking hotline. 

“They really geared up for it, manning four extra lines, but the response was small,” he said. 

CDSS Deputy Director for Public Affairs Shirley Washington would not confirm the number of calls received, saying she did not have that information on hand and that the department “may not even be tracking” the number of calls. 

Hemann said that Hancock and a group of state legislators have met with CDSS officials to try to resolve the problems raised by the hacking. Hancock has also scheduled a meeting with UC Berkeley officials next week about the matter.  

“All of the legislators involved in this effort believe that the research is important, and we want it continued,” Hemann said. “It’s just that there was a breakdown somewhere, and we’re trying to get to the bottom of that.” 

CDSS Deputy Director for Public Affairs Shirley Washington that her office is “under specific instructions” not to release any more information while the FBI investigation is pending. 

Asked for details of the agreement between CDSS and the researcher concerning the clients’ and workers’ personal data, Washington said that she did not have a copy of the agreement on hand. 

“It’s not that black and white in terms of what was in the agreement,” she said. “Because it’s being investigated, it’s kind of hard to define at this point.” 

Asked if the terms of the CDSS/researcher agreement were being investigated, Washington said, “Everything’s under investigation. Everything.”  

 


Campanella Named New KPFA Chief

By Jakob Schiller
Friday November 12, 2004

After an exhaustive six-month search, KPFA has a new General Manager. 

On Monday, KPFA’s parent company, Pacifica Radio, announced that they hired Roy Campanella, II. Campanella, who has a 20-year background in film and TV production, will take over from Jim Bennett, the station’s interim manager, starting Monday. 

Campanella was one of 150 candidates who applied for the position. After being chosen as one of three finalists by the Local Station Board hiring committee, Campanella’s application was reviewed by the entire station board. 

Both he and one other finalist were then presented to Dan Coughlin, the executive director of Pacifica, who made the final decision. 

“We collectively came to the conclusion that he had good leadership qualities because of his past involvement in large projects,” said Sarv Randhawa, one of the station board members.  

Campanella, who has an MBA from Columbia University, has produced and directed TV movies, primetime TV shows, and independent documentaries, including the award-winning Brother Future. 

He is the son of the late hall of fame baseball player, Roy Campanella, who along with teammate Jackie Robinson, was one of the first people to integrate the major leagues. 

The hiring process was temporarily delayed earlier this year because the chair of the station board hiring committee was asked to step down for breaching a confidentiality agreement. Two other members of the hiring committee also resigned in protest. 

Bennett had served since February when Gus Newport, former Berkeley mayor, stepped down from the general manager position after running the station for just eight months.


Global Headlines: How the World Reads the Bush Victory

Pacific News Service
Friday November 12, 2004

NORTH KOREA  

“U.S. Chooses Safety,” JoongAng Ilbo (Seoul) 

“Conservatism Wins in the U.S.,” Chosun Ilbo (Seoul) 

“The Peace in the Korean Peninsula Should Not Be Put to a Test,” Hankyoreh Shinmoon (Seoul)  

South Koreans watched the U.S. presidential election incredibly closely, with breaking election coverage broadcast live in train stations, work places, restaurants and cafes. The U.S. president has a great impact on South Korea’s policies towards the North. The country is deeply split between conservative and liberal ways of approaching the communist government of North Korean President Kim Jung-Il. Conservative newspapers such as JoongAng Ilbo and Chosun Ilbo celebrated Bush’s re-election and reaffirmed Bush’s view of the North as an “Axis of Evil”; more liberal papers did not hesitate to express disappointment at Bush’s victory and stressed reconciliation with the North. Hankyoreh Shinmoon wrote of an urgent need to change the image of a “unilateralist America” whose foreign policy relies on military might.  

There was one thing both liberal and conservative papers agreed upon: Bush’s re-election will make the South’s conciliatory gestures toward the North more difficult to pursue.  

—Terry Lee  

 

CHINA  

“Bush repeats unchanged Taiwan stance to China’s Hu,” China Post (Taipei) 

“Survey backs sovereign and independent Taiwan,” Taipei Times (Taipei) 

“World leaders congratulate Bush’s re-election,” Xinhua News Agency (Beijing) 

“Hu, Bush talk over phone,” China Daily (Beijing)  

Guarded optimism most accurately describes Beijing’s mood upon the re-election of George Bush. The Chinese have always shown a preference for dealing with a known quantity rather adjusting to change.  

Officially, China’s President Hu Jintao congratulated Bush and extended a wish for even closer bilateral cooperation, according to the Xinhua News Agency and the China Daily, which also reported that in a subsequent phone conversation Hu extracted the assurance from Bush that his policy toward Taiwan as part of one China has not changed.  

The China Post echoed the importance of Taiwan in the bilateral relations. China is relying on the United States to keep Taiwan’s President Chen Shui-bian’s activities toward independence in check. As if to confirm that China’s wish was understood at the White House, Secretary of State Colin Powell went to Beijing just before the U.S. election and publicly declared that Taiwan was not a sovereign nation and urged negotiations leading to reunification with the mainland.  

However, the Taipei Times reported that a recent poll indicated 70 percent of the people of Taiwan considered Taiwan a sovereign nation.  

—George Koo  

 

ARAB WORLD  

“To Your Bunkers; It’s Bush,” “America Authorizes Bush to Stay in a State of War,” “A Historic Victory for Republicans Guaranteed Their Majority in Congress, and Put Democrats Under Siege,” Assafir Daily (Beirut)  

“BUSH,” Annahar (Beirut)  

Expressing some degree of surprise for the quick resolution of the American election, Arabic newspapers concentrated their coverage on two factors: The future impact on the Middle East of a second Bush presidency, and the American meaning behind re-electing Bush.  

Beirut’s Assafir Daily considered Bush’s victory a coup in the political, social, and intellectual life of America, and a sharp turn toward the extreme religious right. Its editorial calls for the whole world to go into hiding. “To Your Bunkers; It’s Bush” wrote the paper’s editor, Joseph Samaha. He sees the results as a victory for conservative ideology, demagoguery and religion.  

The other leading Beirut daily, the more conservative Annahar, had one word for its headline: “BUSH.” The subtitle: “The Most Votes in the History of Presidents.” Jihad Al Zein, the paper’s senior columnist, sees in Bush’s victory a four-year renewal for the “Iraqi Adventure.” “Bush can consider now that he has a mandate to take the Iraqi adventure where he wants: building a new Iraq and bringing the troops back home.” He questioned, however, Bush’s ability to understand that “the death trap of any potential reform in the Arab World is in the unconditional American support for Israel.”  

Addustour Daily in Amman, Jordan, anticipated in its editorial that Bush’s second term could be better for Arab and Muslim countries because he will not be under the same pro-Israeli pressure now that he is not facing another election. The paper concludes, “We hope that Bush will review his errant policies which fueled anti-American sentiment among Arabs and Muslims, and pursue a new opportunity for a new page of balancing America’s interests with the interests of the people of the region.”  

—Mahammad Ozeir  

 

SOUTH AFRICA  

“Bonehead Power,” Mail & Guardian (Johannesburg) 

“U.S. has world holding its breath,” “Guns, Gods and Gays,” “Americans voted for a militarized Rambo,” The Star (Guateng)  

A Mail & Guardian story entitled “Bonehead Power,” declared derisively, “The boneheads have it. And what is truly frightening is that ... the boneheads have it by a clear majority. Despite the developing disaster in Iraq, the tattered state of trans-Atlantic relations and the perception among 70 percent of American voters that the U.S. economy is in a mess, George W. Bush has the most ringing electoral endorsement since the Reagan years.”  

Writing under the headline “U.S. has world holding its breath” in The Star, which has a 54 percent black readership, Alister Sparks wrote, “George Bush has become a danger to world peace, and opinion polls show that six out of seven people around the globe realize that.”  

David Usborne, also writing in The Star, argued that the vote turned on morality. Under the headline “Guns, Gods and Gays,” he wrote, “Call it the anti-Janet Jackson boob vote, the pro-gun vote, the anti-gay marriage vote or the Jesus vote.” U.S. voters, he suggested, shelved their economic interests. “Family values means less about food on the table than about God at the table,” he wrote.  

Many stories assessed the extent to which Bush would attend to Africa and its problems in his second term. Writing in The Star, William Maclean quoted John Sremlau, a professor of international relations at Wits University praising South African President Thabo Mbeki for maintaining a “very good, professional, statesmanlike relationship with Bush.”  

But Maclean was largely pessimistic in his article, headlined “Americans voted for a militarized Rambo.” The story ended with a quote from Adenaan Hardien, chief economist at African Harvest, a South African fund manager, who cautioned those optimistic about the economic benefits of a Bush victory. “Global growth will be ... a loser,” Hardien said. “Bush’s methods have thrown sand in the global economy’s gearbox, and we learnt in the 1990s that peace is more conducive to sustained wealth generation.”  

—Donal Brown  

 

BRAZIL  

“The Empire Votes,” Folha de Sao Paulo Daily 

“We have to put up with four more years?” O Globo (Rio de Janeiro)  

Brazilians are especially unhappy about the Iraq War, but also oppose U.S. plans for a Free Trade Area of the Americas. Post-Nov. 2 headlines reflected the anxiety in Brazil—Latin America’s largest nation and economy—that the globe would become even more hostile and war-ridden with an emboldened President Bush in power.  

In Rio de Janeiro’s O Globo newspaper, one opinion writer used a dose of black humor to describe the ramifications of the U.S. ballot: “The gravest aspect of the Bush re-election is that it occurs at a moment when the possibilities of establishing a human colony on another planet are still remote, creating a dilemma, where can one flee to?”  

Another op-ed headline in the same relatively conservative newspaper asked, “We Have To Put Up With Four More Years?” A Jornal do Brasil editorial noted Bush claimed a mandate from his victory, but pointed out that internationally, support for Bush is low. The paper begged him to use some of his political capital to win back credibility for the United States the on the international stage.  

—Marcelo Ballve  

 

SOUTH ASIA  

India:  

“Indian autumn on Capitol Hill—Bush 2 offers India huge business and strategic opportunities,” Indian Express (Mumbai). 

“Will Bush raise the H1-B cap now?” Times of India (Mumbai) 

“Engaging the U.S. a necessity: Manmohan,” The Hindu (Chennai) 

“PM to Bush: Congrats, an India visit will be milestone—Singh: ‘We are on same side in war on terror and checking proliferation,’” Indian Express  

The reaction to the Bush re-election in India has been one of cautious optimism about a sense of continuity. The business community was especially hopeful that the offshore outsourcing storm might have blown over.  

Editorially, some papers like the Tribune dubbed the Bush victory as Americans choosing “a known devil rather than an unknown one.” Politically, Indian and Pakistan have started jockeying for influence in Washington. The prize? A Bush visit to the subcontinent, early in the second term. Indian prime minister Manmohan Singh was quick to send a two-page letter to President Bush, which became headline news all over India.  

A closer look at the letter revealed the subtext. The Tribune reported that Prime Minister Singh had written that Washington should ensure “that terrorism or religious extremism are not tolerated as instrument of state policy.” India watchers know that that is diplomatic innuendo for Pakistan.  

 

Pakistan:  

“President Bush understands Pakistan’s problems: Sheikh Rashid” The News International (Karachi) 

“Re-election of Bush allayed concerns, says Foreign Office,” The Dawn (Karachi) 

“President Bush should pay heed to vital issues: Musharraf,” The News International (Karachi).  

Pakistan, a key ally in the war on terror, was equally effusive in its congratulations to President Bush. Leaders like Federal Minister for Information Sheikh Rashid were relieved that a Bush victory would continue the current rapport with Washington.  

But it was also obvious in President Musharraf’s congratulatory message that he realized many Pakistanis and other Muslims are unhappy with the Bush administration.  

One of the most vital concerns, according to Musharraf, was the Palestine issue. While the Indian prime minister spoke about addressing “terrorism or religious extremism,” the Pakistani leader spoke about finding the “basic causes to terrorism and conflict.”  

—Sandip Roy and  

Arya Hebbar  

 

MEXICO  

“What is the Cost of George W. Bush’s Agenda?” El Economista (Mexico City) 

“Texas Theocracy: Christian Hezbollah in the White House,” La Jornada (Mexico City) 

“The Vote of God,” Proceso (Mexico City) 

“Bush and the Fear Vote,” El Economista (Mexico City)  

Mexico’s coverage of the re-election of George W. Bush focused on three key issues: the economy, the role of religion and the use of fear in the U.S. elections.  

While a headline in Mexico City’s El Financiero read “Bush Key Factor in Rise in Share Prices,” El Economista’s article “What is the Cost of George W. Bush’s Agenda?” asserts that Bush’s re-election on a platform of national security comes at a “very high economic cost that will eventually have to be covered by the rest of the world.”  

The power of evangelical Christianity in the U.S. election is evident in the appearance of a new word, “fundamentalismo,” in the Mexican press, reports La Jornada in its article “Texas Theocracy: Christian Hezbollah in the White House.” The word does not exist in Spanish and has been imposed by the U.S. media, the article observes, another example of American cultural imperialism.  

“When God is voting against you, it’s very difficult to win,” reports Mexico City’s weekly magazine Proceso in its article “The Vote of God.” In the Nov. 2 elections, the article continues, Americans voted for the candidate who would be held up as the “sword of God” against “the evil represented by the Arab people, by gay marriage, and by the millions of poor who abound in the streets of the empire.” Bush, the article asserts, “ran a campaign of fear that prevailed over voters’ reason.”  

Bush won the election, El Economista reports in its article “Bush and the Fear Vote,” as a result of the administration’s skillful use of the “discourse of fear.” Despite the failing economy, false information about weapons of mass destruction in Iraq, and the high cost of the war, the article asserts, U.S. voters were controlled by fear, which was inflamed by the American mass media.  

“Fear, the psychosis that definitively established itself in American society since the attacks of September 11, 2001, and Bush’s promise to continue fighting ‘terrorism’ was the adage American citizens bet on.”  

—Elena Shore and  

Mary Jo McConahay ?


Under Currents: Not Yet Time to Declare a Kerry Victory

By J. DOUGLAS ALLEN-TAYLOR
Friday November 12, 2004

Time for my Democratic friends, I think, to pause and take a breath. You’re beginning to freak me out, guys. 

My e-mail inbox—yours, too, I imagine—is filled with messages of alternating, intertwined subject lines: either “Kerry Won” or “Evidence Mounts That National Vote Was Hacked.” Unfortunately, it appears that this virus has spread too far and too fast to be contained, and we can probably only stand at the edges and make comments while it runs its course. 

Some brief comments, and suggestions. 

The “Kerry Won” declaration seems derived from the old disappointed sports fan chant of “my team won, except that your guys cheated” or, in the alternative, “except that the refs got the call wrong.” As a tool to buck up the depressed psyche it’s a useful exercise, but worthless in the real world. The only measure of “winning,” after all, is to see your team with the World Series rings or the Superbowl trophy. Or sitting in the White House. Mr. Bush is still in the White House. Mr. Kerry is not. The real question is: If my Democratic friends really believe that Mr. Bush came in first by illegal means, what are they going to do about it? 

That brings us to the area of allegations of fraud in last Tuesday’s election, a point on which my Democratic friends must exercise some care, caution, and patience. 

We are being swamped with examples of what you might call “troubling oddities” in the vote-instances where Democrat majority counties using paper ballots recorded majority votes for Mr. Kerry, while adjoining Democrat majority counties, using touchscreen voting machines-recorded majority votes for Mr. Bush, sometimes even huge majorities. My Democratic friends—many of them frantic at the thought of a second Bush term—are pushing these instances as “evidence of voter fraud” which can be used to reverse the outcome before the certification of the vote. Few things in life are certain, but this is one of them: Even if Chief Justice William Rehnquist is ill and unable to vote, the present United States Supreme Court is not going to overturn the presumed results of the Nov. 2 national election based upon some “troubling oddities” in the vote. Popular revolt, military coup, or divine intervention aside, that means Mr. Bush will be taking the oath of office again, come next January. 

Part of the problem for disgruntled Democrats is what might be called the “Florida Syndrome,” stemming from the 2000 presidential elections. Florida 2000 was particularly messy, a razor-thin vote margin combined with ballot problems and voting machine recount problems, along with widespread evidence—in this case, the word is accurate—of illegal suppression of the black vote. When Mr. Bush entered office only after the United States Supreme Court ordered a halt in the recounting of the votes, the cries of fraud and stolen election had a more accurate ring. 

As election day neared this year, we were inundated with news reports and predictions that not only would Ohio be “another Florida,” but that Florida might be “another Florida.” And so, I think, when evidence of possible improprieties surfaced after the Nov. 2 election in both states, my Democratic friends responded with the same cries, even though those possible improprieties were both notably different, and as yet unproven. An odd response, too, given how little it gained the Democrats in 2000. 

But there is more danger to these premature cries of “fraud!” than just a spitting into the wind. The danger is that by making such fraud charges on preliminary, anecdotal, and statistical “evidence,” Democrats risk being dismissed as loonies and sore losers in the event that any real evidence of fraud actually comes in. 

So patience in this area—accompanied by hard, and careful work—is the best counsel. 

My assumption—based, again, upon the information I see passing across the Internet—is that computer and statistics experts and amateurs, along with investigative reporters, are even now combing through the Nov. 2 results and that somewhere in the spring, perhaps, we are going to start seeing published evidence of their investigations. We will know, then, whether these “troubling oddities” rise to the level of felonious patterns, which can then trigger more formal action. 

Such evidence—not mere partisan allegation—is going to be necessary to go after one of the real problems: the country’s growing embrace of unverifiable computerized voting machines. 

Democrats missed their chance by not establishing a united front against these computer voting machines in the years between the 2000 and 2004 elections. It would have been far easier to keep states and counties from certifying these machines in the first place, but now that thousands of them have been purchased, and millions of voters have come to accept them, it’s going to be harder to get them out. The economic argument by cash-strapped local governments, alone, is going to be the largest hurdle. 

Proponents of the computer voting machines made the issue “ease of use” and comparison to the recount problems of the Florida-style hanging chad manual punch card machines, which was clever on their part. Some Democratic officials—California Secretary of State Kevin Shelley notably being one of them—tried to stall the use of the computerized voting machines on the issue of whether or not they stood up to state and federal tests. (Shortly after taking on Diebold, Shelley was badly battered by his own election finance scandal uncovered by the San Francisco Chronicle—odd timing, wasn’t it, but why would anyone believe that the one had anything to do with the other?) 

But the problem with computerized voting machines is not whether the average voter will have trouble using them, or possible glitches in providing results 15 minutes or less after the closing of the polls, or security issues, but whether the voting tallies announced by the machines can be independently verified. If my Democratic friends truly believe that those computerized voting machines were used to steal the presidential election in 2004, they should be working—now—on a strategy to make sure that such machines are not in use in the presidential election in 2008. That means pushing for an outright ban on any form of voting in U.S. elections that cannot be independently verified. Period. 

Should Democrats be raising questions about the 2004 presidential election? Absolutely. There are enough “oddities” to raise significant doubts. But doubts are not proof. They are not even evidence. And while evidence is being gathered, my Democratic friends ought to be cautious about what they say.


Letters to the Editor

Friday November 12, 2004

CLEANUP DAY 

Editors, Daily Planet: 

Now that we’ve spent thousands of dollars printing and posting election placards everywhere, I propose that each candidate, having won or lost, go out and pick up your signs off the telephone and light posts and recycle them rather than waiting for these visual eyesores to fall off and get swept up by our refuse collectors. Saturday after election day should be Berkeley Politico Cleanup Day!  

Tim Q. Cannon  

 

• 

EL CERRITO PLAZA 

Editors, Daily Planet: 

Many Berkeley residents shop at El Cerrito Plaza and may be interested in development in the parking area on the Trader Joe’s side of the mall. It is also the side that give access to Loni Hancock’s offices. I was told that the plaza will become accessible only through the San Pablo entrance.  

There is public opposition to squeeze 100 condos and a 500-car parking garage for BART riders into that south-east corner. Needless to say, the project is moving forward despite neighbors’ opposition. The EIR was scheduled to be released in early November. 

Neighborhood associations in Albany and El Cerrito are involved in the opposition. They are the North Albany Neighborhood Association, 515 Spokane Ave., Albany, 94706, and the Behrens Neighborhood Association, 131 Behrens St., El Cerrito, 94530. 

For further information, call 731-0202 or get on the Plaza Neighbors e-mail list by writing to plazaneighbors-subscribe@yahoo.groups.com, and check out the Plaza Neighbors website: www.well.com/~karensu/pn_news.htm.  

Ann Reid Slaby 

 

• 

A QUESTION 

Editors, Daily Planet: 

I have a question for Jeanne Gray Loughman (Letters, Daily Planet, Nov. 9-11): If you’re “not evil right wing religious zealots...war mongers, homophobes, or oil barons” as you claim, then why on earth did you vote for a president and administration who are? 

Ron Reade 

 

• 

JOBS CONSORTIUM 

Editors, Daily Planet: 

Thank you for the article on Jobs Consortium (Daily Planet, Nov. 2-4). Those of us who worked for Jobs Consortium have been running into (former) participants, all of whom have expressed distress over its closing. Since 1988, the Consortium delivered “one-stop” services to homeless persons and individuals with disabilities, based on the Vision and Mission developed, in large part, by our founding director, Michael Daniels (starting in Berkeley, then expanding to Oakland). We have consistently strived to provide excellent customer service regardless of an individual’s work/conviction/economic/personal background. Our goal has always been to help clients with becoming self-sufficient by providing the necessary tailored assistance in order to reach job readiness and to look for, obtain, and maintain viable, competitive employment. My understanding is that we always met (or exceeded) placement objectives, and averaged a relatively high (compared to other agencies) starting wage/salary. We wish the best to those who received services in the past and to those who will be receiving services in the, hopefully, near future. A note of correction: We did not have a food service program, but you can add to the list of training programs, Computer/Office Skills.  

Arlene Talbot 

Alameda 

 

• 

VOTE COUNTS / EXIT POLLS 

Editors, Daily Planet: 

One week after the “most important election of our lifetime” what evidence do we have of the result? Two things: the officially reported vote counts and the exit polls. The two don’t agree. On the basis of the reported vote count Bush is declared the winner. The exit polls (in which people stated who they had just voted for) had Kerry way ahead. Why the discrepancy? TV commentators on election night said there must be something wrong with the exit polls. But now evidence is beginning to trickle out that there may be irregularities in the tabulation of the votes in Florida and Ohio.  

Democrats seem to think that we will be called sore losers if we question the election results. If this really was the most important election of our lifetime, I think it’s worth taking the risk of being called whiners to make sure this election was not rigged. Let’s demand a thorough investigation of the vote counting process. (For more information on this subject see Thom Hartmann’s article “Evidence Mounts That The Vote May Have Been Hacked” at www.commondreams.org.) 

Carole Bennett-Simmons 

 

• 

COMMISSION ON AGING 

Editors, Daily Planet: 

A memorandum dated Oct. 20 from Stephen Barton, director of Housing, to the Commission on Aging recommends that the commission “endorse the following eligibility changes and distribution guidelines for Berkeley Paratransit Services (BPSW), effective Jan. 1, 2005.” The commission will meet on Wednesday, Nov. 17 at 1:30 p.m. at the South Berkeley Senior Center, 2939 Ellis, at the corner of Ashby. 

Taxi Scrip Program Eligibility Criteria will consist of Berkeley residents 80 years of age and above or certified by East Bay Paratransit as Americans with Disabilities Act-eligible and whose incomes are not more than 30 percent of the Area Median Income. (Thirty percent of the AMI for one person is less than $1,438.) If there is a quorum (there are two vacancies: Shirek and Wozniak) of Commission on Aging members present at the monthly COA meeting and they endorse as per Dr. Barton’s recommendation, it will presumably then go to the City Council. 

What can you do if you too would be negatively impacted by this sneaky action? Resist the budget excuse (dictionary: an explanation used to avoid  

responsibility); attend the Commission on Aging’s Nov. 17 meeting; inform your councilmember (the city clerk at 981-6900 will provide your councilmember’s name and or phone number, fax, and e-mail address) inform others; and attend council meetings. 

Helen Rippier Wheeler 

 

• 

WHAT RACIAL SUBTEXT? 

Editors, Daily Planet: 

Reporter J. Douglas Allen-Taylor’s lead sentence in “Rivera, Selawsky Appear to Hold on to School Board Seats” (Daily Planet, Nov. 5-8), which states that “Race...formed a quiet subtext to the Berkeley School Board elections” is totally unsubstantiated. The bulk of the front page news article on the school board elections is based on the charges and unsupported opinions of the disgruntled campaign manager of school board candidate Hemphill. If racism is the charge, the numbers certainly don’t bear this out. Hemphill (who the reporter identifies as African-American) received a higher vote count than either of the other two (white) challengers. Incumbent School Board member Rivera, who the reporter points out is Puerto Rican, won handily by garnering over 3,000 more than the next closest candidate. Could we have accurate news reporting on the front page and move the post-election complaints of campaign managers and others to the op-ed page? 

Priscilla Myrick 

 

• 

THANKS FOR MEASURE B 

Editors, Daily Planet: 

As one of the gals who worked towards the passage of Measure B, I’d like to thank Berkeley citizens for their help, support and generosity. It was a pleasure to work with so many people who are committed to excellent education for Berkeley’s students. Truly, the experience has given me faith in the culture of my recently adopted hometown and hope for the future of Berkeley, our School District, and our world. The adventure of promoting Measure B proved that people of all races, ages, experiences and perspectives can rally together to achieve challenging but worthy goals! 

Thank you to all of the parents, teachers and staff, administrators, students and citizens who posted yard signs, walked and marched, addressed envelopes, stood at grocery stores (rain or shine, Marice Ashe!) or made like telemarketers to help us get the word out Measure B. You were the model for a Berkeley School District, Unified! 

Thank you to the PTA’s of all of our schools for your unanimous endorsements and support. And, thank you for all of the work you do, all of the time. May others see and respond to the value and power of enthusiastic parent participation in advancing our schools...for our children.  

Thank you to all of the candidates for School Board and City Council for embracing the measure and promoting it as part of their individual campaigns. Your example taught us all that folks can work together despite differing viewpoints for the betterment of community. May we all continue to allow individual voices expression while continuing the work for the collective whole. 

Thank you to a special group of volunteers whose efforts were tireless, whose dedication was endless ... all of the members of Berkeley Citizens for Quality Schools, Tedi Crawford, Rebecca Herman, Robin Miller, Paci Hammond, et al. May you be blessed to have people in your world to support you in the way in which you supported Measure B (and me)! It was invaluable. Thank you each, again and again. 

Thank you to the leadership from Superintendent Lawrence (who gave of mind and body!) and all of the School Directors for demonstrating vision and courage in pursuing excellence for Berkeley’s schools. May you continue to work together, solicit and implement input from our community effectively while spending the money wisely and responsibly! (I am keeping my seat on the Planning and Oversight Committee...)  

Thank you to BASTA! for encouraging dialogue and fiscal responsibility in beauracracy while recognizing that “We cannot shortchange our kids. Period.” (Thank you, Laura Menard) 

Thank you to Caleb Dardick and Marissa Saunders for everything - most especially the personal growth that thrives in authentic relationship. 

Thank you to the children and young people of Berkeley. You took action to help Measure B and your own education. How powerful and strong you are! Special shout outs... to Berkeley High’s Minx Manuel and Scott Rasmussen who give me hope for our young people - black and white, with lots and with less, male and female, hip hopped and bellbottomed!, to the Berkeley Scholars to Cal program for practicing (and walking!) what we preach, and to my own two - Adahn and Ian - who managed their responsibilities, did (most) of their school work, and ate way too much ramen while their mother worked for Measure B. You are all shining examples of what tomorrow holds. 

We all share a world that seems hopeless from almost all perspectives, so much so, that there is nothing to do BUT hope. Lately, Berkeley—all of us—have pondered and dreamed of seceding from the rest of the state and country. We can do it...if not literally. I suggest we commit ourselves as a community to applying the lessons learned in Measure B - the value of participation, diversity, teamwork, and yes, sacrifice - to create a school system and a community that is a world apart.  

I look forward to the adventure with you, Berkeley. And again, I thank you. 

Wanda Stewart 

Field and Volunteer Coordinator for Measure B  

 

• 

FIRE DEPARTMENT 

Editors, Daily Planet: 

On only the second night of the City Council imposed brownout of Truck 2 (which covers the North half of Berkeley) we experienced two of many scenarios that proves exactly why all of the Berkeley Fire Department’s fleet must be kept in service 24/7. 

Truck 5, which now strains to solely protect the entire city, responded from Station 5 (Shattuck and Derby) to a report of smoke coming from the downstairs apartment of a multi-unit residential complex. This call came in around 3 a.m., a time when most people are asleep and may be caught unaware by overpowering heat and gases from a structure fire.  

Obviously a faster response yields a greater potential for saving lives and property. 

Due to the brownout, Truck 5 responded well into Truck 2’s district and arrived on scene after an extended response from across town. If Truck 2 had been in service, they would have been a mere five blocks away from this fire! Truck 5’s first assignment was to search all affected residences and affect any rescues, luckily all smoke filled apartments were vacant. Truck 5 was committed to this incident for several hours, meaning there was no truck available within the city limits in the event of any of the following events: 

• Vehicle accident. 

• Rope rescues. 

• Any other fire. 

• Elevator rescues. 

• Structural collapse.  

• Flooding complications. 

• Freeway accidents. 

• Fire alarms, etc. 

When the fire was extinguished and the truck was released, they were not back in quarters for more than 20 minutes (not even long enough to fill their compliment of air bottles which firefighters use breath in a fire) before another fire call came in and they were needed once again! Luckily, this second call was a false alarm. This is the first of many problems that we will encounter due to the recent decision by the City Council to reduce staffing levels. 

And who will be suffering? Yes, firefighters will be sacrificing safety due to the decreased number of personnel that are on scene in a timely manner. But most importantly, the citizens of Berkeley now have a greater potential for increased loss of property and life than they did before Nov. 8. 

David Sprague 

 

• 

ZONING BOARD HEARING 

Editors, Daily Planet: 

People who live east of the Ashby BART station, who walk to the station to take BART, need to know that the latest plans for the Ed Robert Campus increase their walking distance to BART by two to three blocks. ERC now plans to close the Tremont Street access to the BART station. Once construction starts, and even after the ERC is finished, everyone will need to walk around to Adeline to enter the BART station. This plan effectively adds two to three blocks to the distance from the station for everyone living east of the Ashby BART.  

The new plans also herald problems with street parking in zones around the new ERC. They are reducing BART parking by 25 spaces. They also provide no parking for ERC clients, and plan to charge employees a parking fee. Clients and employees will thus be forced to use street parking, and those with handicapped placards will be able to park all day on zoned streets, reducing available parking for use by residents. Since ERC’s mission is serving individuals with handicaps, this is likely to mean a significant increase in parking congestion.  

Residents concerned about these proposed changes, which go against what ERC initially promised to surrounding neighborhoods, need to contact the Berkeley Zoning Board immediately, and to attend the Nov. 15 Zoning Board hearing scheduled to approve the ERC plans. They need to know that direct pedestrian access to BART is essential for neighbors to the east, and that adequate parking for ERC clients and staff are an essential part of their commitment to surrounding neighborhoods.  

Rosemary Hyde 

 

• 

JESUSLAND 

Editors, Daily Planet: 

The first e-mail I got on Nov. 5 (forwarded by a furiously grieving Berkeley friend) was one of those red and blue maps of the United States. The massive inner red zone was labeled JESUSLAND. 

On Sunday I attended a performance of the Fauré Requium at St. Augustine (Catholic) Chuch, which turned out to be imbedded in an actual requieum mass “for those who have died through violence.” This “Mass of Remembrance” was for the seventy people killed on Oakland streets this year (listed in the program, and named during the mass) as well as (I quote the priest) for “all victims in Iraq, Ivory Coast, and other ongoing wars.” The program listed the agencies getting that day’s collection: two community organizations and Doctors Without Borders. (Need I mention that this church congregation, which put a lot of money and time into this event, is not located in the red zone of “Jesusland” as designated by my friend? Nor are the local churches that provide food and shelter for the homeless; nor the nuns who in the early 1980s set up the first hospice in the Castro for men dying of AIDS; nor the church women who were raped, tortured, and killed around the same time for trying to help the poor in El Salvador; nor the churches and synagogues which made up the backbone of the Civil Rights Movement; nor...but, enough.) 

In the San Francisco Chronicle on the same day, Rabbi Michael Lerner, editor of the liberal Jewish journal TIKKUN, wrote of “liberals, trapped in a long-standing disdain for religion and tone-deaf to the spiritual needs that underlie the move to the right.” He went on, “Imagine if John Kerry had been able to counter George Bush by insisting that...to love one’s neighbor required us to provide health care for all...” 

Which reminded me of a letter to the same paper a couple of weeks ago, saying that a recent article (which I hadn’t read) clearly placed the Religious Right Wing and the Secular Left Wing, but “never mentioned those of us in the Religious Left--we are homeless.” 

I look again at that map my friend e-mailed me, and I think of the Vietnam War days when we let the Right Wing co-opt the flag and use it to push their definition of love of country. When we designate the states Bush won as JESUSLAND, it seems we’re doing it all over again—letting the Right co-opt the name of a great moral teacher and use it to support their benighted view of moral values. 

Dorothy Bryant 

 

• 

SAVING THE PLANET FROM BUSH 

Editors, Daily Planet: 

The chances of breaking Republican control of the government any time soon appear slim, considering the gerrymandering, the built in bias toward the South in the electoral college, and the GOP effect upon coming court decisions. 

Perhaps it is time to think past the issue of our U.S. government? Why not think international rather than nation? Hasn’t the world become one big global village? Let us gather a world movement to challenge Washington. And while we broaden our concept of the struggle, let’s dump the “progressive” label in favor of “radical.” The concept of “progress” is so evolutionary in tone. We haven’t got time for that: the planet is overheating, and Wall street economic policy is burning up our human social capital as millions are without work, and other millions stare in the face of starvation. 

On the international front, we could direct our energy to get the outside world to help “save the planet from Bush” by waging an embargo against the U.S., in the manner that well meaning folks the world over embargoed South Africa, and helped bring down the apartheid regime. On the domestic front we could stop trying to compete with the Republicans on the patriotism issue, and be as radical as was abolitionist William Lloyd Garrison when he burned the constitution and the flag in Boston. At present, a few million flags on lawns and porches of the U.S. represent support for a government that doesn’t deserve support, any more than the government of the slaveocracy deserved support in Garrison’s day.  

Radically repudiating this government would give a signal to the people of the world that there are U.S. citizens who reject the Empire, and this signal would help the world turn against the Empire of Washington. In addition to our acts at home, we would radically reach out to the world, as in our traveling abroad to advertise the embargo against this present government of a cadre of greed loving fundamentalist Empire hungry zealots. Why wait to react in some nice peaceful march to the next atrocity from Washington? Rather, let us heed the words of the spiritual mentor of Garrison, the ex-slave Frederick Douglass: “If there is no struggle, there is no progress.... Power concedes nothing without a demand. It never did, and it never will.” 

Ted Vincent 

 

• 

A STOLEN ELECTION 

Editors, Daily Planet: 

Regarding James K. Sayre’s “Another Stolen Election (Daily Planet, Nov.9-11): Somehow seems like a “side” light when its news should be screaming from every front page in the land. Compared to the very popular Osha Neumann who “fucks” Kerry, Mr. Sayre seems almost delicate, yet what he is saying is stronger than any carelessly tossed out four-letter word about a man calling for unity (Kerry). I don’t know but strongly suspect that Osha was a strong Nader fan back when—and allowed a four-year term to be installed of our present government—to the downfall and suffering of its people. I have no solution for the nightmare. But I think John Kerry is a good person—certainly a fighter. Osha Neumann I’m not so sure about, in spite of his radicalism. He’s too arrogant. 

This letter, however, is not meant as a criticism of Osha Neumann only—or even anyone else. I am simply pointing out priorities in printing—emphasis of point: “Another Stolen Election.” I believe in the truth of that statement and that, as a conquered nation, unity would be a good thing. It is a dream, a hope; an aspiration. Just as is world peace. Even though most of us, especially here in the Bay Area, know that war can be ended by the will of goodness: a unanimous will. 

Iris Crider  

 

• 

EXIT POLLS 

Editors, Daily Planet: 

Regarding J. Douglas Allen-Taylor’s column “A Preliminary Question About the Election Results” (Daily Planet, Nov. 5-8): 

In the months before the election, besides the seemingly fatal flaw of electronic voting machines having no paper trail, there were alarming reports on the radio quoting the Republican manufacturer of the machines saying that he would “do anything to get Bush re-elected, and that he “promised President Bush Ohio”. So, it was my understanding that watchdog groups (and the Democrats?) were going to use exit polls, the only means they had, to monitor for possible inaccuracies in the electronic voting. 

Then, sure enough, on election night there is this large discrepancy--exit poles showing Kerry winning, but the votes indicating Bush. But immediately everyone seems to be assuming it is the fault of the pollsters. What happened to the idea that the discrepancy could indicate a large-scale inaccuracy or fraud in the electronic voting machines? 

Also on election night, there were reports (on the radio) of problems with electronic voting in the key swing states of Florida and Ohio, where people’s ballots came on the screen already filled in, or their summary screen showing completely different votes than the ones they cast. And now, there is an e-mail circulating on campus, from a few students who staffed a hotline in Broward County, Florida on election day, where widespread problems were reported. Especially, there were voters who repeatedly pressed the Kerry button, only to have their vote show up as Bush. 

It is my experience that even here in highly educated, outspoken, iconoclastic, wild Berkeley, people are oddly passive when it comes to reporting malfunctions of equipment or facilities. This was probably not true at the polls in the intense activism of this election, but in normal situations, I seem always to be the first to report breakdowns or problems, even though dozens before me have run into the problem, but seemingly just shrug their shoulders and leave, without reporting it. If this is the case in Berkeley, I can only imagine how someone would feel in a more conventional part of the country, in front of all their neighbors who are waiting uncomfortably and impatiently in a long line to vote-It is unlikely they would take the extra time to fight with the ballot to make it show their vote correctly, or even notice if the summary screen was wrong. And it is even less likely that they would report any problems to the poll workers. 

Given that: 1) machines, by nature, do the same thing over and over, 2) the likelihood that the reported problems were not even the tip of the iceberg of the actual problems voters ran into, 3) the zealous support of Bush by the electronic voting machine’s manufacturer, 4) Bush’s brother’s control of Florida and Florida’s history of disenfranchisement and corruption, etc., I find it not only possible, but likely, that the fraud and inaccuracies could be up into the hundred thousands, enough to swing the election to Kerry, and even in the millions, enough to swing the popular vote. (And this not including other illegal voter intimidation and disenfranchisement techniques that were reported in Florida, Ohio, and, I assume, elsewhere.) So, once again, there is the distinct possibility that the election was stolen from the Democrats. And, the Democrats and watchdog groups seemingly did nothing to question the results. 

So what do we do about this? Is there any thorough investigation of the electronic votes taking place? What about the future of electronic, no-paper-trail voting? I feel we cannot afford to let this go un-pursued, both for the sake of our wounded psyches, and for what is left of our wounded democracy. 

Diane Shavelson 

 

• 

BERKELEY SPENDING 

Editors, Daily Planet: 

In the Nov. 5-8 Daily Planet (“Council Changes, Measure B Wins, Others Lose”) we find Kriss Wortington dithering about strategic failures in the city’s attempt to squeeze more money out of Berkeley residents, instead of addressing the mandate of the people. Wake up, Mr. Worthington! The message is this: You get no more money until you spend the money we give you more wisely. Examples: If a business were run the way the library is, it would be backrupt in a year. The council’s job is to put someone in charge who understands management. There are over 50 youth service organizations on the public dole, representing gross redundancy and inefficiency. The City Council’s job is to send in a coordinator to reduce these to 10, administering the same functions with one fifth the paid staff. Eric Landes-Brenman, president of Public Employee Union Local 1 “called on the city to work with unions to identify areas where the city could operate more efficiently.” Just a little late. The council’s job is to do this. 

Jerry Landis 

 

• 

THE COMMON GOOD 

Editors, Daily Planet: 

So Nancy Feinstein says “our elected representatives and civil servants spend their every working hour trying to serve the public good” (“Defeat of Tax Measures Favors Individuals, Not Common Good,” Daily Planet, Nov. 5-8) ! Excuse me, Ms. Feinstein, what planet are you living on? Obviously you have never spent five minutes down at Oakland City Hall. I doubt Berkeley, San Francisco, Richmond, et al, are that much better. There is no “common good.” Society is solely made up of individuals and they all have a right to exist for their own sakes, not for the state. Berkeley voters have been way too generous for decades in voting themselves one of the highest local tax burdens. I only wish the voters here in Oakland would wise up. The problem is that we have 60 percent renters who think nothing of sticking it to property owners. I think only property owners should be able to vote on property tax issues. When any community votes for the kind of generous social services that Berkeley provides, it becomes a magnet for people who are all too happy to let someone else foot the bill. It’s like giving to panhandlers, it only delays the inevitable adjustment back to objective reality. One person’s misfortune is not a lien on the rest of us. 

For a far wiser view of existence, readers should consult Ayn Rand’s Atlas Shrugged. 

Michael P. Hardesty 

Oakland 

 

• 

BERKELEY FERRY 

Editors, Daily Planet: 

On Saturday, I attended the meeting at the Berkeley Yacht Club where we heard the latest from the WTA on the plans for a ferry between Berkeley and San Francisco. 

The statistics and studies sounded fine. The ferry would be a great idea, for both commuting and recreation. But there’s one big thing wrong with the ferry plan. 

It’s parking spaces for the cars. 

Evidently the plan is for most ferry riders to park a car at the ferry terminal. The WTA studies project that 75 percent of ferry riders will not walk, bike or ride a bus; they will drive. 

This prospect makes me very negative about the Berkeley ferry. I have a vision of a ferry arriving at the marina about 6:00 p.m. of a weekday, and all those cold-started cars spewing out a miasma of pollution, which rolls out over the bay. The cars then launch themselves into the Berkeley road system, causing huge congestion. 

At the meeting, the WTA people suggested a $2 parking charge, on top of the $3.50 one-way ferry fare. I hope that was $2 an hour. 

We don’t need any extra parking for the ferry. AC Transit now serves the marina with the No, 9 bus, which passes through much of North Berkeley. The #51 bus used to go to the marina, before that service was cut. At the meeting, we were told that most Berkeley ferry riders will be coming from local areas. If so, then AC Transit should extend existing bus service connect those areas with the ferry terminal. 

Patrons must park, we’re told. People want to drive. If this is really true, why are we wasting public money on a ferry system at all? We should boost the capacity of the bridge, widen the roads and encourage more parking in San Francisco, so people can drive, drive, drive. 

The Berkeley ferry should be for people, not for motorists. 

I think all the worry I heard about boat wakes, noise, disturbance of aquatic life and so on is misplaced. The big worry should be about the plans for parking. 

Steve Geller 

 

• 

MAUDELLE SHIREK 

Editors, Daily Planet: 

While differences on issues and candidates are a hallmark of democracy, we recognize and realize that fundamental respect should cross all lines. 

Whether we agree or disagree with Maudelle Shirek’s position on the issues, the germane issue is respect. After an excess of 45 years supporting the BCA, after nearly 20 years as a City Councilmember, after 93-plus years of living on the planet, and the oldest living black elected official in California, and maybe in the nation, many of us who are longtime residents (and not-so-longtime residents) are outraged at how Ms. Shirek is being treated this election year. It feels to many of us as if she is being “kicked to the curb,” and pushed aside by the BCA because they feel she is no longer useful to them or no longer serves their purpose. 

Or perhaps Ms. Shirek is being treated with such disrespect because she is in independent thinker with many years of wisdom and doesn’t go along to get along. At 93 years of age, Ms. Shirek is an elder of this community having been one of the founders of the South Berkeley Community Church, which began in 1943, a co-founder of the Berkeley Co-Op, and an unequaled advocate for seniors. Certainly these and many achievements too numerous to list here entitle Ms. Shirek to greater respect than she is receiving this election year by the organization (BCA) she has supported since its inception. Where is the respect, the honor? Is Ms. Shirek just another used up black leader slapped down by her own party? 

Many in the South Berkeley community and in the City of Berkeley in general cannot stand by mute as Ms. Shirek is being “cast out” in clear disrespect. We join Congresswoman Barbara Lee, Supervisor Keith Carson, and former Congressman Ron Dellums and say NO! We cannot stand by idle and voiceless while another African-American leader is shown such disrespect. As Ms. Shirek as so often said, “the struggle continues.” Why is it so that respect must be a struggle? 

Concerned Citizens of District 3: 

Reverend M. Gayle Dickson, James Sweeney, Percy Davis, Sam Dyke, Frank Davis, Jr. 

 

• 

UC VILLAGE, GILL TRACT 

Editors, Daily Planet: 

While UC’s proposed redevelopment of UC Village and the Gill Tract is in a one-year lull due to lack of funds, we call to the community to ask the university to recreate its design. As proposed, it would extract two historic Little League fields from the interior of the UC Village and place them on the Gill Tract.  

This should not happen. The Little League fields should remain where they are in order to preserve the future integrity of and possibilities for this unique piece of farmland, the last of its kind in the Bay Area. 

We, Urban Roots/Friends of the Gill Tract, have developed a plan which would preserve and transform this multi-faceted gem into an educational local jewel as an urban farm which would be a legacy for our children and the future of the Bay Area. 

A call to sow this vision into becoming a reality of substance and nurturance for our community: the Village Creek Farm and Gardens of the Gill Tract. Please join us. www.gilltract.com 

Kim Linden, Friends of the Gill Tract, organic gardener 

 

• 

CREDIBLE VOTE COUNT? 

Editors, Daily Planet: 

“Thousands of Ballots Still to be Counted” (Daily Planet, Nov. 5-8). Yes, it is hard to imagine the exit polls foretelling a Kerry victory, then the “real” count catches up to counter the way people said they voted as they departed the facility. Yet, the numbers turned up differently, in fact, the pundits who predicted a Kerry victory in the early evening were baffled and gonged hard by the midnight hour’s revelations. Who needs to wade through a pile of paper when a computer read-out of votes in, votes on, and votes totaled pops up like toast hardly heated and drops onto a plate of votes cast atop cold scrambled eggs. Oops, we’re mixing food and politics, a digression that plagued the entire campaign where the media fed the people side dishes, all swallowed blithely hook, lie and stinker: feeling more protected from terrorism, able to access deeper tax cut pockets, torpedoed manufacturing jobs be canned there’s always military supply spending, and so glad to have a gun myself in case the new neighbors turn out to be gay marrieds. And now what? Four more years of hate, hypocrisy and holocaust? Is that really what the votes amounted to? Just how credible is the vote count? Is anybody counting on the counters to count properly? How meaningful to the security of this system of tallying reality is it that this election and the last election have had candidates who dropped the pursuit of a challenge? Is it that nobody counts anymore, computers do, and the same nobody that ran for president herself so recently counts no more in the face of the “real” numbers, because those numbers represent the rest of uncontested reality? You better believe it. 

CC Saw 

 

• 

DON’T BLAME NADER 

Editors, Daily Planet: 

The election is over. The democrats are now blaming Ralph Nader and the Greens for their candidate John Kerry’s loss. 

First, the immense fraud by the campaign led by Karl Rove and making some wait eight or nine hours in line disqualifying many African American votes in Ohio, fraud in the computer voting procedures at the polls. One county in Ohio has only 638 registered voters but Bush got nearly 4,000 votes there, sending letters to Africa American voters in Florida and North Carolina telling them that they will be arrested if they came to the polls because of failure to pay traffic fines. This helped Bush get 59 million votes. 

Second, the Kerry campaign proceeded on a pro-war policy, pro-patriot act agenda which alienated millions of voters. That is why Kerry got 55 million votes. 

Ralph Nader did not contribute to Kerry’s loss. In 2000, he received nearly three million votes. In 2004 he barely got 300,000. Mr. Cobb of the Green Party received only 134,000 of the 500,000 Greens registered nationwide. Bush won by 4,000,000 plus votes. Most Nader and Cobb supporter voted for Kerry out of fear. 

The blame should be places a the foot of the corporations and their candidate George Bush and not Ralph Nader. 

John Murko 

 

i


Commentary: Where Do We Go From Here?

By RANDY SHAW
Friday November 12, 2004

In the wake of Bush’s victory, the question is what to do next. The usual answer—keep pressuring Congress and the president—is problematic, as the Republican leadership appears immune to reason or the popular will. But activists must remain engaged, as the prospects for making a meaningful difference in people’s lives were not erased on Tuesday.  

The difference between the 2004 election and prior elections is that the president and Congressional majority have religious-based views that are not subject to facts or popular pressure. Only a handful of Republican senators are in “blue” states, and pressure on these politicians is critical. But activists living outside Minnesota, Pennsylvania, Maine and Rhode Island also must remain engaged, and much can be accomplished despite Republican control of the national government. 

I was struck on election night by the defeats in the blue state of California of both Prop. 72 and Prop. 66. Both initiatives were central to progressive agendas. Prop. 72 expanded health care and Prop. 66 redirected billions from prisons to education and human services. 

Despite their importance, neither initiative was backed by a vigorous grassroots campaign. When Walmart and other corporations threw big money against Prop. 72, there was no ground campaign to overcome it. As a result, an historic opportunity to greatly expand health care was lost without a vigorous fight. 

Prop. 66 would have ended the lifetime incarceration of non-violent offenders, thus redirecting billions of dollars from prisons to human needs. The measure was safely ahead for most of the campaign, until opposition from the Governor and despicable hypocrites like Oakland Mayor Jerry Brown—revving up for his attorney general run—brought it down to defeat. 

As with Prop. 72, there was little if any grassroots campaign for Prop. 66, so the personal contacts with voters necessary to offset the opposition’s lies was missing. Its backers vow to return to the ballot, and will hopefully fund a statewide field effort in addition to media ads. 

For the Bay Area, this was not a great election for progressives. Voters in Berkeley and San Francisco rejected a series of tax hikes necessary to maintain city services, marking the first time in the college town that a tax to fund libraries had been defeated. Progressives were split on the tax increase imposed by Oakland’s Measure Y, which added both police and social services, and the measure passed after different versions failed on two prior ballots. 

I am well aware that there were reasonable arguments against some of these tax measures, but the bottom line is that the proponents of maintaining city services were out-organized by opposition campaigns that preferred budget cuts to tax hikes. It is not only in the red states that raising taxes to maintain services has become difficult, and with Bush expected to slash aid to cities in his next budget, Berkeley, Oakland and San Francisco voters could be looking at sharply reduced city services by 2005. 

Activist energy was understandably focused nationally this year, and I am not suggesting that those of us who spent more time with voters in Nevada, Ohio or Florida than in our home cities and state were misdirected. But the election is over. As important as national politics is-and my book, Reclaiming America, is all about the need for activists to engage in national struggles—the blue states are not exactly overflowing with social justice and economic fairness. Activists should seize upon opportunities for reform at the state and local level while fighting Bush and gearing up for the 2006 congressional elections. 

The big issue that cannot be addressed at the state or local level is Iraq and U.S. foreign policy. Exit polls (for what they are worth) found that California and New York voters saw these issues as the most important, and this appears overwhelmingly the case in the Bay Area. 

American progressives did everything in their power to alter the course of the war in Iraq, and we fell short. But Bush’s control of American foreign policy does not impact the struggle against the occupation by the Iraqi people and the international community. Continued public protest in America is essential, but activists should accept the fact that unlike the Johnson and Nixon Administrations during Vietnam, the Bush administration will not be listening. 

Activists may have even less opportunity to influence the debate on national domestic issues. While Alaska drilling and other environmental outrages can potentially be stopped through vigorous organizing, the new round of Bush tax “reforms,” his budget cuts, and his economic program will pass in any form he desires. 

Bush’s top goal will be to redirect social service money to faith-based providers. This funding builds the infrastructure of the Republicans’ evangelical base, and the prospects of defeating this public subsidizing of church services is nil (and if lower courts object, the Supreme Court will uphold such laws and pave the way for even more intersection of church and state) 

With little opportunity to influence national politics, activists face a choice: they can continue their near-exclusive focus on battling Bush or they can stay alert for openings to influence national politics while building progressive power at the state and local level. 

Here’s my case for the latter option. 

Bush plans to slash non-defense programs during the next four years in order to limit the deficit. These lost federal funds are either replaced by increased state and local funds, or our public health system, housing and homeless programs, public transit operations, and virtually every public sector service will be stripped to the bone. Since the California Legislature remains overwhelmingly Democratic, activists have a chance to secure increased state funding for programs on the federal chopping block. The Democrats stood firm against the governor’s budget plans this year, and with grassroots support-coupled with Schwarzenegger’s failure to defeat any Democrats he campaigned against—they can be even more aggressive against him in 2005.  

Unlike Bush and the Republican evangelicals, Schwarzenegger cares what people think and is acutely sensitive about his image. He does not like 

being portrayed as hurting children or the vulnerable, and organizing against him can succeed. 

The Democrats have veto power over the state budget. If activists expend anything close to the type of energy they exhibited in the presidential campaign to build public support for a progressive budget, the results could be astounding.  

George W. Bush is responsible for many wrongs, but it’s not his fault if we allow our governor to set the agenda in an overwhelmingly Democratic state. 

In San Francisco, Mayor Newsom’s political weakness has been exposed, increasing the willingness of supervisors to stake out their own approach to the city’s budget crisis. If some of the activist energy previously confined to presidential politics could go toward building popular support for a progressive budget alternative, the proposed slashing of critical city services could potentially be averted. 

It strikes me as very odd that our elected officials should interpret the defeat of Propositions J and K as reflecting anti-tax sentiment, when these same residents voted for a presidential candidate who may have raised their taxes. Our Supervisors can put together a tax package that can win, and this time activists, not the mayor, should take the lead in organizing public support  

Similarly, the defeat of San Francisco’s Prop. A does not mean that activists should abandon the cause of supportive housing. Rather, activists can work to put together a supportive housing bond that can win. 

Progressive change at the state and local level is not only possible in 2005, but realizable if the activist energy we saw in the past few months is channeled to these arenas. These struggles do not have the international significance of the battle against Bush, but they can make a meaningful difference in people’s lives. 

Rather than view state and local fights as a diversion from the national arena, these struggles will build progressive power and expand the base for the nationwide campaigns to come. 

 

This article orginally appeared on BeyondChron.com. 


Commentary: Campaign 2004: Democratic Values

By BOB BURNETT
Friday November 12, 2004

In the aftermath of the Republican victory on Nov. 2, Democrats are debating how the party should respond to the increasing political power of conservative Christians. Two alternative strategies have emerged: One is the “If you can’t beat them, then join them” position, which contends that Democrats should assert their own religiosity. The other is “retool the message,” which argues that Democrats lost because they weren’t clear, in general, on what they stand for—other than not wanting Bush to be president—and that, in specific, they did not offer a clear alternative to the Republican rant on “family values.” 

There can be no doubt that the Protestant religious right played a major role in the Bush victory. In the 2000 election, 14 percent of the electorate identified themselves as white Christian conservatives; of these 80 percent voted for Bush. Between the presidential elections, Democratic pollster Stan Greenberg surveyed voters and found that this religious segment had grown to 17 percent. 2004 exit polls found that 23 percent of voters identified themselves as born-again or evangelical Christians; 78 percent voted for Bush.  

The ranks of conservative Christians were swelled by the defection of Roman Catholics, who have traditionally voted Democratic. Despite the fact that Kerry is one of them, the majority of Catholics voted for Bush. Conservative Protestants and Catholics shared a commitment to strengthen “moral values,” prohibit abortion and gay marriage, and appoint socially conservative judges. 

Democrats are struggling to respond to this onslaught. Some centrist party leaders argue that the most effective reaction would be for Democratic candidates to assert their own religious convictions, to become more overtly Christian. This, in effect, was the position of successful Colorado Democratic Senatorial candidate Ken Salazar, who “out-Christianed” his Republican opponent, Pete Coors. 

A logical extension of this line of reasoning would be for Democrats, en masse, to accept Jesus; to wade into the Potomac and undergo group baptism where they repudiate their sinful liberal past and are born again. 

As a left wing Christian, a Quaker, I do appreciate the sincerity of many Christians who publicly proclaim that they have taken Jesus into their hearts. My concern is not the truly faithful, however much I may disagree with their theology, but rather politicians who assume the mantle of piety to further their careers. I believe that many Republican office-holders are hypocrites who pose as devout Christians while they are actually dedicated to serving their own ambition rather than “duh Lord.” I don’t want to see Democrats lose what little integrity they retain by pursuing the same self-serving tactic.  

The best Democratic strategy is to retool their core message and make a case that unique, Democratic values offer the best hope for America and democracy. (I believe these are, in essence, classic liberal values.) 

George Bush hurled the label, “liberal,” at John Kerry as if it was an epithet and Kerry failed to respond with a positive defense of Democratic values. But this is far from an impossible task. In his keynote address at the Democratic Convention Barack Obama expressed the cornerstone Democratic beliefs, “We are connected as one people. If there’s a child on the south side of Chicago who can’t read, that matters to me, even if it’s not my child… It’s that fundamental belief—I am my brother’s keeper, I am my sister’s keeper—that makes this country work. It’s what allows us to pursue our individual dreams, yet still come together as a single American family. ‘E pluribus unum.’ Out of many, one.” 

The concept that, “I am my brother’s keeper, I am my sister’s keeper” is one of the moral tenets that distinguishes Republicans and Democrats.  

The GOP has historically been the party of rugged individualism, the party that suggested that if you were poor or sick or otherwise disadvantaged, you only had yourself to blame and the state had little or no responsibility to help you. Republicans subscribe to an ethical paradox: we should all be patriots but we shouldn’t help one another. Their core moral concern is “What’s in it for me?” 

Democrats assume that we are connected and that no one of us is truly free until all of us are free. It is this perspective that motivates our continuing struggle for peace, justice, and a healthy planetary environment. 

The Democratic Party needs to reassert these values, a morality that supports healthy families and communities, and a vital democracy. 

Democrats should also remember that while there are conservative Christians who obsess over moral purity, conversion of the heathen, and the final judgment, there are also millions of other Christians who share Democratic values. These Christians agree that “we are connected as one people” and “I am my brother’s keeper, I am my sister’s keeper.” These non-conservative Christians are natural allies. They understand that the outcome of Nov. 2 signals the beginning of an epic struggle that will determine whether America remains a democracy or falls into theocracy. 

 

Bob Burnett is working on a book about the Christian right. 


Commentary: Under the Guise Of Democracy

By RYAN MACY-HURLEY
Friday November 12, 2004

Enough already! The election was not rigged! I do not want to hear another conspiracy theory about what did or did not happen in Ohio or anyplace else. Conspiracy theories are about as useful at this juncture as holding another debate. 

Rather than fueling innuendo and claims of tampering, we the people need to take a step back and analyze our democratic system as a whole, not question its latest outcome. 

The slogan of that system is “one person, one vote.” The record turnout a little over a week ago suggests that registered voters believed, at least for a day, that every vote does indeed count. 

While the long lines at polling booths across the nation were incredibly heartening, the stories of malfunctioning voting machines were, simply put, demoralizing. These stories, which can’t all be false, suggest that this belief may not reflect reality; every vote may not count equally after all. 

I thought we passed the Help America Vote Act and purchased all those expensive electronic machines in order to avoid a debacle similar to what occurred in Florida in 2000. And yet, an electronic voting system in Columbus, Ohio reported that Bush received 4,258 votes, while Kerry received 260 votes in a precinct where records show only 638 voters cast ballots. A machine in North Carolina squandered over 4,500 votes due to a false assumption about the memory capacity of a computer. 

These structural failures are not partisan issues. Truth be told, both sides probably benefited in one way or another from a democratic process that is fraught with error. The sad irony is that it appears this country, the self-proclaimed paragon of democracy for the rest of the world, cannot run a clean election. 

Exacerbating matters, the limitations of our electoral system seem to rear their ugly head even before voters step into the voting booths. Prior to the election, House Majority Leader Tom DeLay and Republican state senators from Texas managed, with the aid of partisan lawyers, to redistrict key voting areas in that state so that certain votes counted more than others. While Democrats cried foul over this move, we must not forget that it was House Democrat Martin Frost who designed the state’s districts in his party’s favor in the first place. These patent abuses of power have no place in a system where the people, regardless of party affiliation, are supposed to have the authority to elect whom they want in office. 

If this country has people who can predict with scientific precision which counties, cities, and even neighborhoods will be battleground areas, surely it has others who can figure out how to ensure the sanctity and longevity of “one person, one vote.” Before another electoral result ends up in the hands of the courts, before a hanging chad or error-prone machine discounts another vote, and before lawyers duke it out over my or your voting district, it is time to call on our leaders to make fundamental changes to the system in the name of democracy. 

 

Ryan Macy-Hurley is a graduate student at UC Berkeley’s School of Social Welfare. ›


Commentary: ‘Smart’ Duplicity

By MARTHA NICOLOFF
Friday November 12, 2004

I first heard of “Smart Growth” when Al Gore was campaigning in 2000. It was suggested then, that suburban cities should increase their share of density by reducing the size of building sites, (lots had become an acre and more in size), and by developing taller buildings in a more compact and concentrated town center. They claimed the goal was to preserve farm land and natural open space. That made sense didn’t it?!  

Since then a different version of Smart Growth has crept into Berkeley without so much as a single public hearing. As promoted by our Planning Department, the new goal appears to require bulky buildings to stack the population in cramped units, so that mass transit can reverse its declining ridership. The mantras of the smart growth development in Berkeley became project density and intensity, reduced parking, reduced open space and yards, and the reuse of polluted former gas station sites.  

To accomplish their goal a recently published Smart handbook (Smart Growth in the San Francisco Bay Area: Effective Local Approaches, published by the Urban Land Institute, June 2003) says it is particularly important to have “a positive political climate sufficient to overcome community opposition to compact, multi-use forms of development.” Unfortunately, we’ve had that political climate for several years, and it has not reduced the community’s opposition.  

There are several census tracts in West Berkeley that have been designated as “most impoverished.” Any census tract in which at least 20 percent of the population is at or below the poverty level, or the area median income score is not more that 80 percent of the metropolitan area median income, makes the tract a “targeted growth accommodation area.” The current diversification of uses in the West Berkeley area includes modest housing, craft workshops, bakeries, caterers, artists, potters, etc. It has been noted that West Berkeley has contributed to a more stable Berkeley economy than areas devoted to mostly high-tech industries. A massive project has just been announced for University Avenue and Sixth Street that will increase real estate values, forcing small industries and low income residents out, while increasing the city tax base.  

Additionally, the Smarts want “TODs” ( i.e. “transit oriented developments”), as we have seen erupting along University, Telegraph and San Pablo avenues. Waiting in the wings are “transit village” TODs, located around BART Stations and bus hubs. The Smart handbook recognizes that “due to fragmented land ownership around most stations, and the inherent risks for potential developers in taking on such sites, it is often necessary for local redevelopment agencies to assist in the acquisition and assembling of land through eminent domain.” 

In the requirements for a TOD, private open space for example, the handbook suggests that noise standards as they relate to exterior open space can be modified to accommodate the presence of train noise. They say it’s very simple, just boost the decibel levels that human beings will need to tolerate. (In recently visiting the TOD at the Fruitvale BART station, the tour guide had to shout to be heard over the passing trains.) 

The Smarts recommend TDRs (transfer of development rights) separating “development rights” from a physical property allowing sale and transfer of its square foot units to another property some distance away. The receiving lot is then allowed to build beyond the maximum standards set by its original zoning ordinance limits 

Finally on a more hopeful note, in Appendix E near the end of the Smart handbook there is a plan for a walkable neighborhood.” It says buildings in such neighborhoods “need not exceed three stories to accommodate compact development. Primary buildings shall not exceed 35 feet, accessory buildings shall not exceed 25 feet.” Minimum density in residential neighborhoods, would produce projects having an overall density of at least five units per gross acre. “Each multi-family unit shall have a patio, deck or balcony of at least 50 square feet, with a minimum clear dimension of six feet. For each unit, an additional l00 square feet of open space shall be provided either as private open space in association with the unit or as semi private open space to be shared among residents.” This is a hopeful sign that not all planners are in cahoots with the developers. For numerous aesthetic planning considerations directed at quality growth, visit www.envisionutah.org  

Who is behind this how-to-do-it “Smart Growth” publication? Developers of course, followed by planning department students at UC Berkeley, urban studies students at San Francisco State University, the American Design Association, architects, a former ABAG planner, and the Urban Land Institute, with publication funding by the Bank of America. 

 

Martha Nicoloff is one of the authors of the Neighborhood Preservation Ordinance.›


Commentary: Reasons for the Defeat of J, K, L and M

By ELLIOT COHEN
Friday November 12, 2004

In her commentary “Defeat of Tax Measures Favors Individual, Not Common Good,” (Daily Planet, Nov. 5-8) Nancy Feinstein argues voters who rejected Measures J, K, L and M were motivated primarily by a desire to minimize their own tax burden. But an examination of the facts indicates this assumption is incorrect. In fairness to Ms. Feinstein it must be acknowledged that some voters did reject the taxes out of a selfish desire to minimize their taxes, but we need also recognize that others, such as seniors on fixed incomes, rejected J, K, L and M simply because they can’t afford to pay more. But these two explanations leave out the issue that may well have been the key factor in rejecting the taxes. The reality is that 71 percent of Berkeley voters willingly increased taxes to fund the school district, exceeding by 20 percent the number of voters willing to fund city coffers by voting for Measures J, K, L and M. Less then 38 percent of Berkeley voters supported a utility tax of about five dollars a month, while over 65 percent of them supported state tax increases to fund mental health and children’s hospitals. These results indicate a large number of voters were not opposed to taxes per se, but were instead opposed to how Berkeley spends our tax money. 

Ms. Feinstein writes she is “…heart sick at the defeat of Measures J, K, L and M—which would have paid for youth programs…”, leading one to wonder why anyone would vote against taxes for youth services. But over the years Berkeley voters have learned our tax money enriches the city’s General Fund, with no guarantee the money will be used as promised. Nor is this the only problem. If General Fund monies were used wisely the tax measures may well have succeeded. Instead voters have witnessed expenditures for purposes many find not only wasteful, but offensive. 

Many will remember how city bureaucrats destroyed $100,000 in public property by violating a City Council resolution to save eight trees, when they hired a contractor to destroy the trees and stoneware planters that once graced the area in front of the downtown library. Just a few years later residents of one neighborhood woke up to see an industrial size communication tower erected on a Saturday morning, without permits and in violation of an agreement with the community. When outraged citizens packed City Council demanding the tower be removed, the council spent hundreds of thousands in consultant fees to buy time so tempers would cool, before admitting to the voters they had no intention of removing the tower (at the time I predicted the outcome in a Daily Planet piece saying the city manager acted deliberately knowing that “…the people would complain, but the tower would remain”). And as recently as this year the library spent over half million dollars to purchase high tech radio tags to track books despite warnings that the technology endangers reader privacy. Given these instances of abuse is it really a surprise that many voters choose to reject giving city officials the means of funding projects many feel are detrimental? 

Nor are these the only reasons many voters rejected the taxes. Berkeley voters are generous. But claims the city needed new revenue were undermined by their own actions. As the months passed voters saw one revelation after another: that the city was not collecting tens of thousands in taxes from developers; that the City Council was “cutting the budget” by “eliminating” staff positions that were already vacant. When the city reported they had enough unspent funds from the prior year to cover the projected short fall for approximately two years, many voters were astonished when the city voted to spend the money, instead of putting it aside to avoid the fiscal deficit. We were told the city could save tens of thousands by closing non-essential services for the week between Christmas and New Years, but the idea wasn’t implemented, until this year, after voters denied the tax increases. So forgive voters who believe that the city is lying when they claim they’ve done all they can to cut cost and that the tax increases are really necessary. 

Already rumors are circulating claiming the mayor’s office wants the City Council to try again. But unless the council stops awarding tens of thousands in “consultant” contracts, takes steps to trim administrative waste, and stops giving benefits and land worth millions of dollars away to developers the city may find voters increasingly unwilling to support further taxes. 

 

Elliot Cohen voted to support some, but not all, of the tax measures.›


Parchester Village Residents Fight to Preserve Breuner Marsh, Open Space

By TOMIO GERON Special to the Planet
Friday November 12, 2004

On a hill rising high above San Pablo Bay, Whitney Dotson stared out at an expanse of marshland along the eastern shore and could still see himself and his brother, Richard, as kids swimming in the grassy marsh channels in the early 1960s. 

Dotson, who grew up and lives in historically African American Parchester Village nearby, is one of multiple generations of African Americans who have spent time in Breuner Marsh and now want to preserve the land. 

Sharply dressed in a green shirt and small round sunglasses, the stout, 59-year-old community activist gave tours of Breuner Marsh and nearby Point Pinole on a recent Saturday at a Richmond Shoreline Festival, which included a barbecue and live band. 

The festival was part of an ongoing struggle between the landowners, who want to develop the 238-acre plot of land on the North Richmond Shoreline, and festival organizers, including Parchester Village residents and environmentalists, who want to protect it as open space. 

“It’s become a very important amenity,” he said. “Just having the serenity of this whole area and being removed from the larger city.” 

Bay Area Wetlands LLC, the company that purchased the land in 2000, is fielding bids from developers for the site. Meanwhile, environmentalists want to protect an extremely rare undeveloped marshland along San Francisco Bay, as well as its endangered species. 

“From the Sierra Club’s perspective, so much of the bay has been filled and so much of the wetlands have been lost,” said Jonna Papaefthimiou of the San Francisco Bay Sierra Club and the North Richmond Shoreline Open Space Alliance. The alliance, which organized the shoreline festival, was formed last year to preserve Breuner Marsh. 

Residents of nearby Parchester Village want to protect the environment, but also want to see Breuner Marsh, which lies just across the railroad tracks from the predominantly African American community, protected for their community. 

Parchester Village was developed after World War II for African Americans who moved to Richmond to work in the shipyards and could not buy houses elsewhere. It was built on the donated land of founder Fred Parr, a white developer. Local residents say that it is the first African American homeowners’ community in the Bay Area. About 1,000 people live in 400 single-family, one-story homes on this small tract sandwiched between two railroad tracks. It has remained mostly black since it was built, though some Latino families have moved in recently. 

Whitney Dotson’s father, the late Reverend Richard Daniel Dotson, was one of the early settlers in Parchester in 1950 and became a community leader, organizing to preserve Breuner Marsh and helping to get adjacent Point Pinole turned over to the East Bay Regional Park District. 

For years, Whitney Dotson remembers, he and other Parchester young people would hop the railroad tracks and trudge through the pickleweed to get to the marsh channels for swimming. During the 1970s, however, the channels were illegally filled in. But even after that, Breuner Marsh has been a de facto park for residents, said Dotson. 

“Every generation of people in Parchester have found some way to use that space,” said Dotson. “There’s a number of kids over the years who have gone fishing, playing, just observing the wildlife.” 

Open space is rare in Richmond. Predominantly African-American Northern Richmond, which includes Parchester, has one-third as much open space per capita as Contra Costa County per capita, according to a study by the Oakland-based Pacific Institute. 

“If you could see all the development along the shore that’s been off limits to us,” said Henry Clark, director of the West County Toxics Coalition and a well-known activist against toxic pollution in Richmond. “We want access to Breuner Marsh and the shoreline. The land should be held as a public trust for the people.” 

Meanwhile, the City of Richmond, with a $35 million budget deficit, needs new revenue desperately. Richmond City Councilmembers, whose approval is required for any development, are waiting to see what Bay Area Wetlands does. 

“Breuner Marsh is a beautiful piece of property and it really deserves to be protected,” said City Councilmember Maria Viramontes. “And it connects to a large park space at Point Pinole, it creates a unique opportunity to enlarge that park.” 

Viramontes believe that there is room for a small development on an adjacent area next to Richmond Parkway. However, such a development would depend on what happens with the Breuner property.  

“I think most of the [City] Council is pretty clear we want to keep it as open space,” she said.  

Dotson said he is not opposed to a small restaurant or educational center near Breuner Marsh.  

Newly elected first-time City Councilmember Gayle McLaughlin, who also attended the festival, believes that open space is the best use for the space. “If we develop what little open space we have left,” she said, “we’re going to be in an even worse place in terms of public health.” 

Contra Costa County Supervisor John Gioia has also publicly supported keeping the space open. 

The land, formerly owned by the Breuner furniture company, has been the subject of battles at least since the 1970s. Gerry Breuner, the former owner, came to stay on the property for weekends or longer vacations, according to Toni Silva, who rented out a cottage on the property from Breuner from late-1980 to 1983. 

“It was nice,” she said. “He had a tiny pier. We used to go fishing and catch bass and flounder.” 

The quaint marsh, complete with occasional duck hunters and horses that grazed the land, was almost developed when Breuner tried to build a small private airport on the site in the 1970s. According to Silva, this grew out of Breuner’s serious hobby: airplanes. That plan took concerted effort by Parchester residents and environmentalists to shoot down—with residents like Whitney Dotson’s father leading the way. 

After Breuner died, his family eventually sold the property in 2000 for approximately $3 million. 

The current owner, Bay Area Wetlands LLC, and its agent, San Jose-based real estate developer Stan Davis, have in recent years tried different options to sell the land. One plan to build an Edgewater Technology Park came under opposition from Parchester and environmentalists, and was scrapped. 

Then Signature Properties bought a six-month option on the site and sought to build housing. But the developer could not get the City Council to re-zone the site from “Open Space-Light Industrial,” to residential, so Signature dropped out as well. The City wanted revenue-generating commercial development, not residential development that would require revenue-draining services. 

Environmentalists, including the Richmond Environmental Defense Fund, Golden Gate Audubon Society, Save the Bay and others, say that there are very few remaining undeveloped areas along the bay and they are intent on protecting this swath of land. The California clapper rail, a small reddish-brown bird, and the tiny salt marsh harvest mouse are two animals living in Breuner Marsh that are on the federal endangered species list. 

Richmond residents also deserve the open space, Papaefthimiou of the Sierra Club said. “Most of the Richmond shoreline has been lost to Chevron or the Navy or another industrial company,” she said. “Even though they have a huge shoreline, most is polluted or not accessible to the public.” 

The lack of open space in Richmond is an environmental justice issue and a form of racial discrimination, said Clark of the Toxics Coalition. “This is on a spiritual level—being by the water. Not having that access is an attack on the life and well-being of this community. We’re likely to do whatever is necessary—even to possibly occupying the Breuner Marsh area,” he said, adding that he hopes that that does not happen. 

The importance Clark places on the struggle over Breuner Marsh speaks to the unusual nature of this environmental battle in Richmond—in that it is an effort to keep open space, rather than the usual one to shut down or stop some major toxic threat. 

Talks about the site are now heating up again, as Bay Area Wetlands seeks to sell the property. Environmentalists and Parchester activists want the East Bay Regional Park District to purchase the land, and the agency has made an offer, said Brad Olson, its environmental program manager. 

“We’ve offered to purchase the property,” he said. “The property owner is not willing to sell at this point.” The parks district owns over 95,000 acres in 65 parks, recreation areas and shorelines and is seeking to add new lands. 

Bay Area Wetlands wants to get higher than the market value for the property, and the park district can only purchase it at the currently appraised price, said Olson. 

Olson would not comment on how much the parks district bid.  

Don Carr, a resident of Napa and one of the owners of the property, would not comment on discussions with potential buyers. “We haven’t solidified plans yet,” he said. 

Carr dismissed the concerns of residents and activists who want to keep the land from being developed. “You know when UC Berkeley was built there were people lobbying at that time not to build it,” he said. “There’s always people saying things. That’s not news. In fact there were a lot of people who didn’t want the Bay Bridge.” 

Stan Davis of Bay Area Wetlands would not comment.  

According to Olson, Bay Area Wetlands is weighing at least one other private company’s offer and also has been waiting to see what happens with another major Richmond shoreline development at Point Molate. 

On Tuesday, Richmond approved selling that property to Upstream Point Molate LLC to build a casino and resort. Even with City Council approval, the outcome of that development is far from clear, with numerous other state and federal approvals needed. But with that deal now approved, and a value now placed on that shoreline property to compare to the Breuner site, a Breuner sale could move forward. 

Olson, for his part, says that if the EBRPD were to acquire the property, the site would remain open space. He thinks the chances of any major development on the site are “pretty slim.”  

“If the [new] proposal is anything like the other concepts—either a large commercial or housing development—there’s going to be a lot of opposition from the local community and environmental community,” he said.  

However, the City Council’s approval of the Point Molate casino indicate that development on Richmond open land such as Breuner Marsh is definitely possible—especially if it brings jobs. Activists against development do have two points going for them that Point Molate did not—first, the Breuner property, is close to residential areas such as Parchester, and secondly, the Breuner site has a history of development deals being shot down by community pressure. 

Meanwhile, Whitney Dotson hopes Breuner Marsh will be available to his grandchildren and other nearby residents. He imagines them having similar trips out to the marsh, like the ones he had with his brother and friends, enjoying the wildlife and forgetting, for a few minutes, the imposing city nearby. 

 

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Berkeley This Week

Friday November 12, 2004

FRIDAY, NOV. 12 

Reduced City Services Today Call ahead to ensure programs or services you desire will be available. 981-CITY. www.cityofberkeley.info 

City Commons Club Noon Luncheon with Marcella Adamski on “What is Happening to Tibet?” 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. 

November is We Give Thanks Month! Join participating restaurants in supporting the Berkeley Food and Housing Project. For a list of participating restaurants please visit www.bfhp.org  

“Writing About Race” with Victor Merina, former Los Angeles Times reporter, at 7 p.m. at North Gate Hall, Room 105, UC Campus. Sponsored by the Graduate School of Journalism. 

“So How’d You Become an Activist?” with Bob Bloom, Dennis Cunningham, Bill Simpich of Earth First, attorneys representing Judi Bari and Darryl Cherney, who were victorious in a $4.5 million lawsuit against the FBI and Oakland Police, at 7 p.m. at Berkeley Fellowship of Unitarian Universalists, 1924 Cedar St., at Bonita. Suggested donation $5. 528-5403. 

Literary Friends meets at 1:30 p.m. at the North Berkeley Senior Center for a Haiku poetry workshop with Connie Andersen. 549-1879. 

Peace Corps Send Off Party and Social Mixer at 6 p.m. Triple Rock, 1920 Shattuck Ave. Come meet and speak with returned Peace Corps volunteers, applicants, nominees, invitees, and others interested in the Peace Corps. Please RSVP to John Ruiz at 415-977-8798. jruiz@peacecorps.gov 

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

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

“Three Beats for Nothing” a group that meets to sing, mostly 16th century harmony, for fun and practice, at 10 a.m. at the North Berkeley Senior Center. 655-8863, 843-7610. 

Women in Black Vigil from noon to 1 p.m. at UC Berkeley, Bancroft at Telegraph. 548-6310. 

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, NOV. 13 

A Weekend Campaign to Weatherize with the California Youth Energy Services. Free energy audits and materials installations to help you reduce your energy bills. To schedule an appointment call 428-2357. 

The Edible Schoolyard Annual Fall Garden Workday from 10 a.m. to 2 p.m. at King Middle School, 1781 Rose St. at Grant. Please bring your own gloves and clippers. Cancelled in case of driving rain. 558-1335.  

Seed Saving Workshop Covering seed saving in detail, including botany and pollination, and types of seeds. From 7 to 9 p.m. at the Ecology Center, 2530 San Pablo Ave. Cost is $10-$15. 548-2220, ext. 233. 

Junior Rangers Aides Training for youth at Tilden Nature Area. Held in the afternoon. Call Dave Zuckermann for information, 525-2233. 

The Biofuel Oasis Grand Opening of the only operating public biodiesel fueling station in the Bay Area, from noon to 4 p.m. at 4th and Dwight. www.biofueloasis.com 

Let Worms Eat Your Garbage Small on space and big on benefits, worm composting is a great way to recycle kitchen scraps. From 10 a.m. to noon at Regan’s Nursery, 4268 Decoto Rd. in Fremont. Part of Bay-Friendly Gardening. 444-SOIL. www.stopwaste.org 

Help Restore Cerrito Creek Join Friends of Five Creeks volunteers 10 am to noon to plant natives and remove weeds at Cerrito Creek at El Cerrito Plaza, at the south edge of Plaza parking lot, north end of Cornell Street. 848-9358. www.fivecreeks.org 

Help Restore San Pablo Creek at the El Sobrante Library at 9:30 a.m. Refreshments, tools, and gloves provided. Heavy rain cancels event. Sponsored by San Pablo Watershed Neighbors Education and Restoration Society. 231-9566. 

Save California Least Terns at the Alameda Wildlife Refuge at the former Alameda Naval Air Station, from 9 a.m. to 1 p.m. All ages welcome. Sponsored by the Golden Gate Audobon Society. 843-2222. www.goldengalteaudobon.org 

“Plant Selection and Installation” A hands-on class in Berkeley from 9 a.m. to 4:30 p.m. We will visit a local nursery and botanic garden to view and discuss why, and how, to select appropriate plants for a variety of situations. Emphasis on Native Californian plants. Sign up by calling the Building Education Center at 525-7610.  

Solo Sierrans Sunset Walk at Emeryville Marina at 4 p.m. Wheelchair accessible. Meet behind Chevy’s Restaurant at the small parking lot. 234-8949. 

South Berkeley Community Church Holiday Bazaar and Art Show from 9 a.m. to 5 p.m. at the church, located on the corner of Fairview and Ellis Streets. Gifts, decorations, and collectibles will be available from local artists and craftspeople. 652-1040. 

We the Planet Music and Activism Festival with The Roots, Mickey Hart, Third Eye Blind, at 7 p.m. at the Henry J. Kaiser Convention Center, Oakland. Workshops will be held during the day on how to get involved in your community. www.wetheplanet.org 

Do-It-Yourself Festival and Skillshare Enjoy free information, food, and music, at 10 a.m. at People’s Park. www.barringtoncollective.org 

“Reporting Across Cultures, Writing About Race” A free seminar for journalists and the public from 9 a.m. to 3 p.m. in the North Gate Library, Graduate School of Journalism. To RSVP, please send an email with your name and affiliation, to merinaworkshop@lists.berkeley.edu 

Motivating the Teen Spirit A teen empowerment program at 10 a.m. at Holiday Inn, Top of the Bay, 1800 Powell St., Emeryville. Cost is $25. Presented by Tamika’s Adolescent Group Homes, Inc. 472-8104. bm2432@sbcglobal.net 

“Chavez and the Struggle of Democracy in Venezuela” at 7 p.m. at AK Press Warehouse, 674-A 23rd St., Oakland. Cost is $7-$15 sliding scale. Fundraiser for Just Cause Oakland. 208-1700. www.akpress.org 

Integrative Health Conference Alternative health conference featuring interactive workshops at 105 North Gate Hall, UC Campus. Presented by Students for Integrative Medicine. www.studentsforintegrative- 

medicine.info 

Mudpuppy’s Tub and Scrub and Sit and Stay Cafe opens at Point Isabel, East Bay Regional Park, at 11 a.m. Canine and human refreshments available. www.ebparks.org 

Images of India A fundraiser with music and film to benefit ASHA at 3 p.m. at International House, 2299 Piedmont Ave. Cost is $15-$100. www.ashanet.org/berkeley/events 

Kol Hadash Family Brown Bag Shabbat at 11 a.m. at the Albany Senior Center, 846 Masonic. Bring lunch for yourself and your children, and finger dessert to share. Juice provided. kolhadash@aol.com 

SUNDAY, NOV. 14 

Coffee for the Birds Is your morning cup shade grown? Sample some “songbird coffee” and pastries as you learn a little natural history of a billion dollar industry. Meet at 9 a.m. at Tilden Nature Center. Cost is $5-$7. Registration required. 525-2233. 

Help Clean up San Pablo Creek and its tributaries. Learn about the Dumping Abatement and Pollution Reduction Program and the trash assessment monitoring tool as we remove harmful trash. Refreshments, tools, and gloves provided. Call for meeting place. Sponsored by The Watershed Project. 231-9566. Elizabeth@thewatershedproject.org 

The Women of Color Resource Center will honor five leading women for their spirit of creative resistance at the Sixth Annual Sisters of Fire Awards celebration, at 11 a.m. at the North Oakland Senior Center, 5714 Martin Luther King Jr. Way, Oakland. Sliding scale donation starting at $15. 444-2700. info@coloredgirls.org 

Art Show and Sale benefit for YEAH, Youth Emergency Assistance Hostels from 3 to 6 p.m. at Lutheran Church of the Cross, 1744 University Ave. 848-1424.  

Green Sunday “The Election Results: Where Do We Go From Here?” at 5 p.m. at the Niebyl-Proctor Library, 6501 Telegraph Ave. at 65th in Oakland. Sponsored by the Green Party of Alameda County.  

“Older and Wiser: Basic Legal Knowledge for Living Well to the End” with attorney Sara Diamond at 1 p.m. at Berkeley Unitarian Universalist Fellowship, Cedar and Bonita. 

“No Man Left Behind: Homelessness and Other Veterans Issues” at 2 p.m. at the Oakland Museum of California, 10th and Oak Sts. In conjunction with the exhibition “What’s Going On? California and the Vietnam Era.” 238-2200. www.museumca.org 

Tibetan Buddhism with Sylvia Gretchen on “Art and Consciousness in Tibetan Buddhism” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812. www.nyingmainstitute.com 

MONDAY, NOV. 15 

City of Berkeley Draft Southside Plan A scoping session on the draft envionmental impact report for the Southside neighborhood, bounded by Bancroft Way, Fulton St., Dwight Way, and Prospect St. At 7 p.m. at the North Berkeley Senior Center. For information contact Janet Homrighausen at 981-7484. 

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 

Volunteer Training for YEAH Youth Emergency Assistance Hostels from 7 to 9 p.m. at Lutheran Church of the Cross, 744 University Ave. Volunteers 18 and older please. 848-1424. 

“Legacy of a Coup: A Guatemalan Village Perspective” with Beatriz Manz, Prof. of Geography and Ethnic Studies, at noon in the CLAS Conference Room, 2334 Bowditch St. 642-2088. www.clas.berkeley.edu 

“Delivering Energy Efficiency and Comfort in Highly Glazed Buildings” with Stephen Selkowitz, Building Technologies Dept., LBNL, at 5:30 p.m, 104 Wurster Hall, UC Campus. 

“From Rabbi to Aryan: Jesus in Modern Theology” with Susannah Heschel, Chair, Jewish Studies Porgram, Dartmouth, at 7 p.m. in the Dinner Boardroom at the GTU, 2400 Ridge Rd. 649-2482. 

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. 

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

TUESDAY, NOV. 16 

Morning Bird Walk at the Albany Bulb Meet at 7:30 a.m. at the end of Buchanan St. 525-2233. 

Return of the Over-the-Hills Gang Hikers 55 years and older who are interested in nature study, history, fitness, and fun are invited to join us on a series of monthly excursions exploring our Regional Parks. Meet at 10 a.m. in Redwood Park at the Canyon Meadow staging area to visit this historic grove of second-growth redwoods. Registration required. 525-2233. 

Berkeley Garden Club “Don't Plant a Pest,” a talk by Doug Johnson, Executive Director California Invasive Plant, Council. Meeting at 1 p.m., program at 2 p.m. at Epworth Methodist Church, 1953 Hopkins St. Cost is $2 for guests. 524-4374. 

“Until When...” screening of film of four Palestinian refugee families set in the current Intifada, at 7 p.m., followed by discussion, at Grand Lake Neighborhood Center, 530 Lake Park Ave. Suggested donation $1. Sponsored by East Bay Community against the War. www.ebcaw.org 

“The American Jewish Quest for Peace” with Susannah Heschel, Chair, Jewish Studies Program, Dartmouth, at 7 p.m. in the Dinner Boardroom at the GTU, 2400 Ridge Rd. 649-2482. 

Berkeley Salon Discussion Group meets to discuss “How you can be poor and live with style” from 7 to 9 p.m. at the Berkeley Richmond Jewish Community Center, 1414 Walnut St. Please bring snacks and soft drinks to share. No peanuts please. 601-6690. 

Life Line Screening for Stroke at the Northbrae Community Church, 941 The Alameda. To schedule an appointment call 1-800-697-9721. 

Family Story Time at the Kensington Branch Library, Tues. evenings 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. 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. 

WEDNESDAY, NOV. 17 

Berkeley Communicators Toastmasters meets the first and third Wednesdays of the month at 7:15 a.m. at Au Cocolait, 200 University Ave. at Milvia. For information call Robert Flammia 524-3765. 

“Getting Our Message Heard or Not Just Preaching to the Choir” with Pam Morgan of George Lakoff’s Rockridge Institute at 7 p.m. at the Gray Panthers, 1403 Addison St. 548-9696. 

“Remembering the Vietman Era” with Country Joe McDonald, Aurora Levins-Morales, Rafael Jesús González at 7:30 p.m. at the Martin Luther King Jr. Middle School Auditorium, Rose and Grant Sts. 981-2582. 

“Global Warming: The Effects and Preventative Measures” A panel discussion on the scientific, economic and societal aspects of this important environmental issue at 6 p.m. at the Free Speech Movement Café, 212 Doe Memorial Library, UC Campus. 

Bay Trail History Markers in Richmond The City of Richmond will dedicate eight new sculptural markers tracing WWII history along the path of the Richmond Bay Trail at 11 a.m. at Lucretia Edwards Park, at the foot of Marina Way South. In case of rain, ceremony will be in the Marina Harbormaster’s Bldg, 1340 Marina Way South. 307-8150. 

“Naturally Native” a documentary on Native American women at 7 p.m. at Humanist Hall, 390 27th St., Oakland. Free, donations accepted. 452-1235. 

“Off the Bench and Into the Game: Democracy Isn’t a Spectator Sport” lecture by Rebecca W. Rimel, President & CEO of The Pew Charitable Trusts, at 2 p.m. in the Seaborg Room, Faculty Club, UC Campus. 642-1474. www.igs.berkeley.edu 

Walk Berkeley for Seniors meet at 9:30 a.m. at the Sea Breeze market, just west of the I-80 overpass. 548-9840. 

Prose Writers’ Workshop An ongoing group focused on issues of craft. Meets Wed. at 7 p.m. at the Berkeley Jewish Community Center, 1414 Walnut St. 524-3034. georgeporter@earthlink.net 

Berkeley Peace Walk and Vigil at the Berkeley BART Station. Vigil at 6:30 p.m. followed by Peace Walk at 7 p.m. www.geocities.com/ 

vigil4peace/vigil 

THURSDAY, NOV. 18 

“Paths and Public Safety” Bill Greulich, Emergency Service Manager for the City of Berkeley, will speak on the importance of paths in emergencies such as fire or earthquake at Berkeley Path Wanderers’ meeting at 7 p.m. at Live Oak Recreation Center, 1301 Shattuck Ave. All are welcome. 524-4715. www.berkeleypaths.org 

“Harmony, Diversity, and Enclosedness: Small Scale Biodynamic Gardening” with John Ryan of the East Bay Waldorf School at 6:30 p.m. at the Community Garden meeting, at the Ecology Center, 2530 San Pablo Ave. Potluck dinner. 883-9096. 

“What is going on in Darfur, West Sudan?” Film screening and talk on the current crisis in Darfur, at 6:30 p.m. at the First Congregational Church of Oakland, 2501 Harrison St. at 27th. 527-3917. 

Rigoberta Menchú, recipient of the Nobel Peace Prize in 1992 for her work on indigenous people’s rights will speak on “The Legacy of War in Guatemala: Continuous Human Rights Abuses” at 2:00 pm in the Lipman Room, Barrows Hall, UC Campus. 642-2088. www.clas.berkeley.edu 

“Migration and the Politics of Identity: Asian American Art” at 6 p.m. at the Oakland Museum of California, 10th and Oak Sts. Cost is $5-$15. In conjunction with the exhibition “What’s Going On? California and the Vietnam Era” 238-2200. www.museumca.org 

“Images of Devotion in Colonial Mexico” with Prof. William Taylor, UCB, at noon at the Phoebe Hearst Museum, Bancroft at College. 643-7648. 

Embracing Diversity Films presents “You Don’t Know Dick: Courageous Hearts of Transsexual Men” a documentary, at 7 p.m. at Albany High School, 603 Key Route Blvd. Admission is free, donations welcome. 527-1328. 

“Up Front Talk: Arrangements for Death & Dying” with Betty Goren at 1:30 p.m. at the North Berkeley Senior Center. 981-5190. 

LeConte Neighborhood Association meets at 7:30 p.m. at LeConte School, 2243 Russell St. Agenda includes a progress report on landscaping of traffic circles, detrimental impact of illegal lawn parking and annual Board election. 843-2602. KarlReeh@aol.com 

CITY MEETINGS 

Council Agenda Committee meets Mon., Nov. 15 at 2:30 p.m., at 2180 Milvia St. 981-6900. www.ci.berkeley.ca.us/citycouncil/agenda-committee 

Berkeley Rent Stabilization Board meets Mon. Nov. 15, at 7 p.m. in City Council Chambers, Pam Wyche, 644-6128 ext. 113. www.ci.berkeley.ca.us/rent 

City Council meets Tues., Nov. 16 at 7 p.m in City Council Chambers. 981-6900. www.ci. 

berkeley.ca.us/citycouncil 

Citizens Humane Commission meets Wed., Nov. 17, at 7 p.m., at the North Berkeley Senior Center. Katherine O’Connor, 981-6601. www.ci.berkeley.ca.us/commissions/humane 

Civic Arts Commission meets Wed., Nov. 17, at 6:30 p.m. at the North Berkeley Senior Center. Mary Ann Merker, 981-7533. www.ci.berkeley.ca.us/commissions/civicarts 

Commission on Aging meets Wed., Nov. 17, 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., Nov. 17, 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., Nov. 17, at 7 p.m., at the South Berkeley Senior Center. Marianne Graham, 981-5416. www.ci.berkeley.ca.us/commissions/welfare 

Mental Health Commission meets Wed., Nov. 17, at 6:30 p.m. at 2640 MLK Jr. Way, at Derby. Harvey Turek, 981-5213. www.ci.berkeley.ca.us/ 

commissions/mentalhealth Ç


Arts Calendar

Friday November 12, 2004

FRIDAY, NOV. 12 

EXHIBITION OPENINGS 

Yuji Hiratsuka, prints. Reception from 6 to 8 p.m. at Schurman Fine Art Gallery, 1659 San Pablo Ave. Exhibition runs to Nov. 30. Gallery hours are Wed.-Sat. 2-6 p.m. and Sun. 11 a.m.-3 p.m. 524-0623. 

Yaqui Jewelery by NaNa Ping Reception at 6:30 p.m. at Gathering Tribes Gallery, 1573 Solano Ave. Through No. 14. 528-9038. 

FILM 

Cine Mexico: “That’s the Point” at 7 p.m. and “Tender Little Pumpkins” at 9:05 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

THEATER 

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 

Aurora Theatre “Emma” at 8 p.m. at 2081 Addison St. through Dec. 19. Tickets are $36. 843-4822. www.auroratheatre.org 

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

Black Repertory Theater, “Who’s Who in the Tough Love Game” a new play by Ishmael Reed. Fri. at 8 p.m., Sat. at 2:30 and 8 p.m., Sun. at 5 p.m. through Nov. 27. Tickets are $5-$20. 3201 Adeline St. 652-2120. 

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., and selected Sun., through Nov. 20. Tickets are $10-$15. 951 Pomona Ave., El Cerrito. 524-9132. www.ccct.org  

Impact Theatre, “Meanwhile, Back at the Super Lair” by Greg Kalleres, Thurs.-Sat. at 8 p.m. through Dec. 11, at La Val’s Subterranean Theater, 1834 Euclid. No show Nov. 25. Tickets are $10-$15. 464-4468. www.impacttheatre.com 

Junction Avenue Theatre Company “Tooth and Nail,” from South Africa with giant puppets by Heather Crow, at 8 p.m. at Durham Studio Theater, UC Campus. 642-9925. http://theater.berkeley.edu 

Royal Court Theatre, “4.48 Psychosis,” by Sarah Kane. Fri. at 8 p.m., Sat. at 2 and 8 p.m., and Sun. at 3 and 7 p.m., at Zellerbach Playhouse. Tickets are $65. 642-9988. www.calperfs.berkeley.edu 

“Ruthless” a musical parody of classic stories by the Mills College Players, through Sun. at 8 p.m. at Lisser Hall Theater, 5000 MacArthur Blvd., Oakland. Tickets are $5-$15. 636-7106. 

READINGS AND LECTURES 

Readings from Kim Addonizio’s Poetry Workshops 7 p.m. at Temescal Cafe, 4920 Telegraph Ave., Oakland. 595-4102. 

A Celebration of our Anarchist Mothers, Lucy Parson, and Voltarine de Cleyre with authors Roxanne Dunbar-Ortiz and Barry Patemen at 7 p.m. at AK Press Warehouse, 674-A 23rd St., Oakland. 208-1700. www.akpress.org 

MUSIC AND DANCE 

Laurie Anderson “End of the Moon” violin, electronics and spoken word at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $24-$46. 642-9988. www.calperfs.berkeley.edu 

Contra Costa Chorale, New Millennium Strings Orchestra at 8 p.m. at Unitarian Universalist Church of Berkeley, 1 Lawson Road, Kensington. Tickets are $12-$15. 524-1861. www.ccchorale.org 

Rachmaninoff “Vespers” Sung in Church Slavic by University Chorus and Oakland Symphony Chorus at 8 p.m. at the Greek Orthodox Cathedral, 4700 Lincoln Rd. Tickets at $3-$10 in advance only. 207-4093. www.oaklandsymphonychorus.org 

Jazz in Fine Art at 8 p.m. at the Jazzschool. Cost is $15. 845-5373. www.jazzschool.com 

Above and Beyond A Hip Hop Dance Showcase at the Julia Morgan Theatre at 8 p.m. at Julia Morgan Center for the Arts. Tickets are $7-$17. 845-8542. www.juliamorgan.org 

O-Maya, International Hip-Hop Exchange at 8 p.m. at La Peña Cultural Center. Cost is $7-$10. 849-2568. www.lapena.org 

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

Roy Rogers & Norton Buffalo, guitar and harmonica duo, at 8 p.m. at Freight and Salvage. Cost is $21.50-$22.50. 548-1761. www.freightandsalvage.org 

Lee Waterman Quintet at 9 p.m. at Downtown. 649-3810.  

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

7th Direction, Golden Shoulders at 9:30 p.m. at The Starry Plough. Cost is $5. 841-2082. www.starryplough.com 

Submission Hold, Eskapo, Angry for Life, S.C.A. at 8 p.m. at 924 Gilman St. Cost is $6. 525-9926. 

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

Drink the Bleach, Bottom, Ghengis Khan at 9:30 p.m. at Blakes on Telegraph. Cost is $7. 848-0886. www.blakesontelegraph.com 

Anton Barbeau at the 1923 Teahouse at 8 p.m. Suggested donation of $5-$10. 644-2204. www.epicarts.org 

Grand Groovement at 8 p.m. at Jupiter. 848-8277. 

Cedar Walton Trio with Kenny Burrell at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sun. Cost is $12-$24. 238-9200. www.yoshis.com 

SATURDAY, NOV. 13 

CHILDREN 

“The Master Maid” a Word for Word performance in celebration of Children’s Book Week at 2 p.m. at Berkeley Central Library, 2090 Kittredge. 981-6223. 

EXHIBITION OPENINGS 

“Different People, Different Places” Paintings by Bernice R. Gross and Robert Wahrhaftig. Reception at 7 p.m. at Fourth Street Studio, 1717D Fourth St. Exhibition runs to Dec. 13. 527-0600. www.fourthstreetstudio.com 

“Neighborhood Convergence” New public art in Emeryville opening at 4 p.m. at the Powell St. undercrossing of I-80 at the Powell St./ 

Emeryville exit. www.unrulyimages.com/publicart/new/converge.jpg 

FILM 

Cine Mexico: “Wildflower” at 7 p.m. and “A Woman in Love” at 8:50 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

International Latino Film Festival “Una Revelación Cubana” at 7 p.m. at La Peña. Cost is $8. 849-2568. www.lapena.org 

READINGS AND LECTURES 

“Ballet, the Earth and the Pain of Being on the Ground” with photographer and sculptor Leonard Pitt, at 8 p.m. at Giorgi Art Gallery, 2911 Claremont Ave. Cost is $12. 848-1228. www.giorgigallery.com 

Ros McIntosh will read from her book “Live, Laugh & Learn” at 12:30 p.m. at the German Delicatessen, The Junket, in the El Cerrito Plaza, El Cerrito. 

MUSIC AND DANCE 

Javanese Gamelan and Dance at 8 p.m. at Hertz Hall, UC Campus. Tickets are $3-$10. 642-4864. http://music.berkeley.edu 

Trinity Chamber Concert with The Berkeley Saxophone Quartet, at 8 p.m. at Trinity Chapel, 2320 Dana St. Tickets are $8-$12. 549-3864. www.TrinityChamberConcerts.com 

Magnificat “A Due Voci Pari” at 8 p.m. at St. Mark’s Episcopal Church, Ellsworth and Bancroft. Tickets are $12-$25. 415-979-4500. www.magnificatbaroque.org 

Lang Lang, piano, at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $32-$56 available from 642-9988. www.calperfs.berkeley.edu 

Choreographers’ Performance Alliance with host Diane McKallip and performances by local dancers at 7:30 p.m. at Eighth Street Studios, 2525 Eighth St. Tickets are $10. 644-1788, ext. 2. 

Big City Improv at 8 p.m. at The Ashby Stage, Ashby Ave. Tickets are $15 at the door. 595-5597. www.ticketweb.com  

We the Planet Music and Activism Festival with The Roots, Mickey Hart, Third Eye Blind, at 7 p.m. at the Henry J. Kaiser Convention Center, Oakland. Workshops will be held during the day on how to get involved in your community. www.wetheplanet.org 

Jug Free America at 2 p.m. at Down Home Music, 10341 San Pablo Ave., El Cerrito. 525-2129. 

John “Buddy” Conner, Celebration of His Life and Music, with Robert Stewart Quartet, Calvin Keys Quartet, M.R.L.S. and The Buddy Conner Memorial Band at 1 p.m. at Yoshi’s, Jack London Square. Donation $10. 238-9200. 

Liz Carroll & John Doyle, Celtic fiddler and guitar duo, at 8 p.m. at Freight and Salvage. Cost is $18.50-$19.50. 548-1761. www.freightandsalvage.org 

Broun Fellinis at 8 p.m. at the Jazzschool. Cost is $15. 845-5373. www.jazzschool.com 

Savoy Family Cajun Band at 9:30 p.m. at Ashkenaz. Lecture on Cajun music at 8 p.m., dance lesson at 9 p.m. Cost is $5-$15. 525-5054. www.ashkenaz.com 

Clockwork, a capella jazz, at 9 p.m. at Downtown. 649-3810.  

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

Nac One at the 1923 Teahouse at 8 p.m. Donation of $5. 644-2204. www.epicarts.org 

Grapefruit Ed, Snake in Eden at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryplough.com 

The People, Orixa at 9:30 p.m. at Blakes on Telegraph. Cost is $7. 848-0886. www.blakesontelegraph.com 

Patricio’s Tri-Angulo at 8 p.m. at Jupiter. 848-8277. 

SUNDAY, NOV. 14 

CHILDREN  

The Sippy Cups, “Milk, Music and Mischief” at 4 p.m. at the Julia Morgan Center for the Arts. Tickets are $10 adults, $5 children. 925-798-1300. www.juliamorgan.org  

EXHIBITION OPENIINGS 

“Scenes from the East Bay Regional Parks” paintings by George Ferrell. Reception for the artist from 1 to 4 p.m. at the Environmental Educational Center, Tilden Park. 525-2233. www.ebparks.org 

“The Albany Shoreline: A Visual History” A exhibition of historic photographs and maps. Reception at 3 p.m. at the Albany Community Center, 1247 Marin Ave. Exhibition runs to Feb. 14. 524-9283. 

“Threshold: Byron Kim” Guided tour at 2 p.m. at Berkeley Art Museum, 2626 Bancroft Way. 642-0808. www.bampfa.berkeley.edu 

“reading/viewing: a new perspective,” works by Mary V. Marsh and Toru Sugita. Reception from 2 to 4 p.m. at Berkeley Arts Center. Exhibition runs through Dec. 18. 

FILM 

The World of Astrid Lindgren: “You Are Out of Your Mind” at 3 p.m., Cine Mexico: “Iron Fist” at 5:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

International Latino Film Festival “Eres Mi Héroe” and “Paraíso” at 7 p.m. at La Peña. Cost is $8. 849-2568. www.lapena.org 

READINGS AND LECTURES 

Saxon Holt and Nora Harlow, photographer and contributor to EBMUD's “Plants and Landscapes” Reception from 3 to 5 p.m. at Mrs. Dalloway's Literary & Garden Arts, 2904 College Ave. 704-8222.  

Artists from the Day of the Dead Exhibition Gallery talk at at 2 p.m. at the Oakland Museum of California, 10th and Oak Sts. 238-2200. www.museumca.org 

Fred Rosenbaum and David Biale reading from “Taking Risks: A Jewish Youth in the Soviet Partisans and His Unlikely Life in California” at 3 p.m. at the Judah L. Magnes Museum, 2911 Russell St. 549-6950. www.magnes.org 

Hecho en Califas Festival with Rico Pabón, Piri Thomas, Aya De Leon and others, at 2 p.m. at La Peña. Cost is $7-$10. 849-2568. www.lapena.org 

Poetry Flash with Catherine Barnett and Marie Ponsot at 7:30 p.m. at Cody’s Books. Donation $2. 845-7852. www.codysbooks.com 

MUSIC AND DANCE 

Rachmaninoff Vespers with the University Chorus and Oakland Symphony Chorus at 8 p.m. at Hertz Hall, UC Campus. Tickets are $3-$10. 642-9988. http://music.berkeley.edu 

Organ Recital by Avi Stein playing Bach, Sweelinck, and Bohm at 6:10 p.m. at St. Mark’s Episcopal Church, 2300 Bancroft Way at Ellsworth. Donations suggested. 845-0888.  

Contra Costa Chorale, New Millennium Strings Orchestra at 5 p.m. at Northbrae Community Church, 941 The Alameda. Tickets are $12-$15. 524-1861. www.ccchorale.org 

UC Alumni Chorus at 7 p.m. at St. Paul’s Episcopal Church, 114 Montecito Ave., Oakland. Tickets are $10-$15. 643-9645. www.ucac.net 

Michael Schade, tenor, and Malcolm Martineau, piano, at 3 p.m. at Zellerbach Hall, UC Campus. Tickets are $46, available from 642-9988. www.calperfs.berkeley.edu 

Maybeck Trio with Roy Zajac, clarinet, Elaine Kreston, cello, and Jerry Kuderna, piano, at 7:30 p.m. at Berkeley Art Center, 1275 Walnut St. Cost is $9-$10. 644-6893. 

Choreographers’ Performance Alliance with host John Doyle and performances by local dancers at 7:30 p.m. at Eighth Street Studios, 2525 Eighth St. Tickets are $10. 644-1788, ext. 2. 

Generations of Culture with Rico Pabón, Piri Thomas, Surora Levins Moarles, Aya de Leon and John Santos at 2 p.m. at La Peña Cultural Center. Cost is $7-$15. 849-2568. www.lapena.org 

Josh Jones Latin Jazz Band at 4:30 p.m. at the Jazzschool. Cost is $12-$18. 845-5373. www.jazzschool.com 

Savoy Family Band, Cajun music, at 8 p.m. at Freight and Salvage. Cost is $15.50-$16.50. 548-1761. www.freightandsalvage.org 

Odd Shaped Case, Balkan music, at 10 a.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Tragedy Andy, Marginal Prophets, Abandon Theory at 8 p.m. at Blakes on Telegraph. Cost is $6. 848-0886. www.blakesontelegraph.com 

MONDAY, NOV. 15 

EXHIBITION OPENINGS 

Exhibit by the National Watercolor Society at the Badè Museum, Pacific School of Religion, 1798 Scenic Ave. Runs through Dec. 15. Museum hours are Tues. and Thurs., 10:30 a.m. to 3:30 p.m. 

“Surviving Suprematism: Lazar Khidekel,” watercolors, drawings and gouaches opens at the Judah L. Magnes Museum, 2911 Russell St. and runs through March 20. www.magnes.org 

READINGS AND LECTURES 

Michael Chabon introduces “The Final Solution: A Story of Detection” at 7:30 p.m. at First Congregational Church of Berkeley, 2345 Channing Way. Sponsored by Cody’s Books. 845-7852. www.codysbooks.com 

Anne Waldman, poet, reads from her new collection “Structure of the World Compared to a Bubble” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Poetry Express, featuring the 2004 Berkeley Poetry Slam Team, from 7 to 9:30 p.m., at Priya Restaurant, 2072 San Pablo Ave. berkeleypoetryexpress@yahoo.com 

MUSIC AND DANCE 

Ishmael Reed with the Billy Bang Quartet at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10-$18. 238-9200. www.yoshis.com 

TUESDAY, NOV. 16 

CHILDREN 

Gerry Tenny “Book Song” celebrating Children’s Book Week at 10:30 a.m. at Berkeley Public Library South Branch, 1901 Russell St. Also Wed. Nov. 17 at 3:30 p.m. at Claremont Branch, and Thurs. Nov. 18 at 7 p.m. at North Branch. 981-6260. 

FILM 

Loose Ends: Lewis Klahr, “A Trilogy and a Quartet” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Greil Marcus, co-editor, discusses the impact ballads have had on American culture in “The Rose & the Briar” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Bill Ayres describes “Teaching Toward Freedom: Moral Commitment and Ethical Action in the Classroom” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Bruce Whipperman introduces his guidebooks to Acapulco and Oaxaca at 7:30 p.m. at Easy Going Travel Shop & Bookstore, 1385 Shattuck Ave. 843-3533. 

MUSIC AND DANCE 

California-Stanford Sing Off at 8 p.m. at Wheeler Auditorium, UC Campus. Featuring UC Women’s and Men’s Chorale, UC Men’s Octet, Stanford Mendicants, California Golden Overtones, Stanford Counterpoint, Artists in Resonance, Stanford Harmonics, Noteworthy, Cal Jazz Choir, DeCadence, and For Christ Sale. Tickets are $5-$10. tickets.berkeley.edu  

Edessa at 9 p.m. at Ashkenaz. Turkish dance workshop with Amet Luleci at 7:30 p.m. Cost is $10. 525-5054. www.ashkenaz.com 

Arturo Sandoval, Cuban trumpeter, at 8 and 10 p.m. Yoshi’s at Jack London Square, through Sun. Cost is $12-$22. 238-9200. www.yoshis.com 

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

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

Peter Barshay and Jeff Pittson at 8 p.m. at Downtown. 649-3810.?


‘A Step Away’ Goes the Distance

By KEN BULLOCK Special to the Planet
Friday November 12, 2004

Dan: “I know I’m a bastard, but even bastards need friends.” 

 

Jess (into pocket recorder): “The disease that has shrink-wrapped our souls . . . “ 

 

An encounter between two old schoolfriends who’ve grown apart leads to a series of strange, even awkwardly funny two-, three- and four-way confrontations in A Step Away, a new play by Myrna Holden, adroitly staged by Central Works at the Berkeley City Club through Nov. 21. 

Dan and Jess (Tom Darci and Soren Oliver) reunite—not quite re-ignite—and Dan spins a web of neediness around Jess, who’s found a life—and a mate, Emma (Jan Zvaifler). 

He’s changed; Dan’s palpably envious and says he wants to change too. He says he’s never had a real relationship. “Haven’t you met women you like?”—“I never met one who liked me back.” Then saying he wants to learn from Jess and Emma—that he just wants to watch them relate and see how it’s done, he wants to live with them. “As a roommate?”—“Is there any other way?”  

Emma isn’t thrilled with these developments, yet has “issues” herself, blaming herself for her brother’s suicide. Through reticence, noncommitment, irritation, she and Jess put Dan off—until he announces things have changed; he has a girlfriend, a “born entertainer,” Tilly (Deborah Fink). Eventually they all meet—and hit it off and, in a way, have fun together. Tilly’s young and frank: “I take money [the same money Dan offered Emma and Jess?]. I take grand gestures. I love grand gestures.” She dances for them, a splayed-limbed belly dance, gawky and sensual (and very funny). But things go to cross-purposes, and the funhouse atmosphere gets a little, well, gamey. 

Gary Graves has directed his tight little ensemble of four very well in this intimate chamber play, using the narrow confines of the room in the City Club (set up like a smaller version of the Aurora—audience on three sides, slightly above the playing area) with complete theatricality, down to the tile floor where the couples socialize. The dialogue can be fascinating; its interest is expanded by the dynamics of gesture and frequent embarrassed hesitations, pushing the story (never really predictable) to the borders of ambiguity, of irony. And the cast is uniformly superb in all their mood swings, their assertiveness and uncertainty. 

Myrna Holden’s script, which Gary Graves notes he became acquainted with in the Berkeley Rep’s Writers Group he conducts, is refreshing, filled with ricocheting dialogue and a wayward, shifting situation that reminds one of the descendants of Strindberg and O’Neill, like Pinter and Albee (and Ingmar Bergman onscreen) who specialized in ritual or game-like encounters between couples where the social masks are torn off on the stages of the 50s and 60s. It’s a half-century later, and A Step Away is a little more reticent, as are the times. The waywardness is checked, and it ends rather suddenly, if gracefully, on an off-beat. 

Myrna Holden’s a psychologist with obvious talent as a writer; perhaps her interest in “the process” occasionally took precedence over the playing out of the situation and the energies revealed. These psyches have become characters, but—in the passive-aggressive manner attributed to them—they seem to pull up a little short. The social milieu’s well-defined (as when Tilly says to Emma: “It stopped being fun. Dan’s insatiable. Time to turn it off. When you eat good food, drink good wine—you just want more of it.”). But there’s something missing—as Dan says in his manipulativeness, “But you don’t agree; you hold something back.” 

That recalcitrance and ambiguity has yet to be converted completely into irony, into an action played out onstage for an audience which has begun to feel (as the characters have—and as Euripides’ plays were described by Antonin Artaud) “we don’t know just where we are anymore.” 

Maybe the scene between Dan and Tilly near the end should be cut (the audience has seen most everything through Jess and Emma’s perspective), and the play—played out a little further, in whatever direction the contradictory forces at work take it, making more of its lineage in dramaturgy. 

But A Step Away is no early draft of a script. At a time when many of the bigger theaters are presenting new plays that are, at the very least, a few workshops away from being stageworthy, Central Works has taken a fascinating text and developed it brilliantly onstage. A Step Away is certainly a play to see—and see again. 

 

A Step Away, Central Works at the Berkeley City Club, 2315 Durant. 558-1381. Tickets $8-$20. Thurs.-Sat. 8 p.m., Sun. 5 p.m., through Nov. 21.›


Coward’s ‘Present Laughter’ Sparkles

By KEN BULLOCK Special to the Planet
Friday November 12, 2004

“There’s something awfully sad about happiness, isn’t there?” 

“What a funny thing to say!” 

“It wasn’t meant to be funny.” 

 

Noel Coward’s comedy Present Laughter sparkles with dry, off-kilter exchanges like this, a chamber play set in a middle-aging comic actor’s London studio where everyone seems in search of harmony, or at least some sort of refuge from the bedlam their pretensions provoke. Actors Ensemble of Berkeley is staging this gem at Live Oak Theater through Nov. 20. 

Garry Essendine (Louis Schilling) is a popular—and very hammy—comic actor offstage and on. “Everyone adores me!”—“There’s hell to pay if they don’t.” He has a problem—he can’t say no to anyone, in particular the stagestruck young ladies who knock at his dressing-room door. And some—a green dingbat of a playwright (Dan Kurtz), for example—won’t take no for an answer. His coterie of housekeeper, valet, secretary, ex-wife and business partners (Kristen Sawyer, Christian Carpenter, Maureen Coyne, Melanie Curry, David Stein and Steve Schwatz) are genuinely attached to him, though they have no illusions: “Now you’ve gone too far—have you ever seen me overacting?”—“Frequently; in fact, you’re overacting right now”—and labor to save him from more than his own vanity. 

Coward’s plays demand deft and rigorous pacing for the dry lines (“There’s a rather complicated letter about Boy Scouts. To hell with them! Send them some matches.”) and the implications of rather complex situations to play out fully. Formally, his plays are unique: a kind of comedy of manners poised on tiptoe that slouches into farce (at one farcical point, the words of the femme fatale, “She says she feels as though she’s in a French farce,” are conveyed adroitly over a phone with hand over mouthpiece). The dialogue gains its wit not from outrageousness, but from a perfect choice of words as in Restoration Comedy, a diction put together piece-by-piece like a parquet floor. 

With a company assembled from a mix of amateurs and more experienced performers, Actors Ensemble paints the scene with broad strokes; they’re able to hit some of the high notes, but not quite glide through the shifting rhythms of the play. Louis Schilling presides over it all as Garry, though not always as buoyantly as the giddy balloon he’s seen as. Schilling’s operatic experience comes through; sometimes he’s more arch than necessary to play arch and overwrought Garry. He and Christian Carter as his man Fred act with energy throughout.  

Maureen Coyne plays secretary Monica Reed with considerable aplomb, making very real and funny her near-hysteria when patience deserts her. Wendy Welch is effervescent and dizzy—opening the play in Garry’s pajamas, having “lost her latchkey”—which is to say a perfect Daphne, the “debutante” Monica descibes: “That type’s particularly idiotic, and the woods are full of ‘em.” Tanya Lazar-Lea as Joanna (”She’s a scalp hunter, that baby, if I ever saw one”) enters gorgeous, dressed for the kill (she too has lost her key), but can’t muster the decorum of a slightly hackneyed femme fatale. She calls Garry’s bluff, but is trumped by ex-wife Liz (Melanie Curry), who holds all the cards. 

Director Stan Spenger thoughtfully notes in the program, attributing the notion to Melanie Curry, that Coward’s wartime play-without-a-war comes from his genius at fantasy—as a child actor, he played Peter Pan. At the end of the second act, Spenger puts the ensemble through their best, and most fancifully farcical scene, when Peggy De Coursey as Lady Saltburn appears at Garry’s door during much mayhem (“as if it hasn’t been like a wailing wall here all morning!”) to claim an audition for her dolled-up daughter. At that point, all the repetitions and asides come rebounding and Joanna’s parting shot comes all too true: 

“In the circuses that I’m used to, it’s the ringmaster that cracks the whip, not the clown.” 

Noel Coward was more than a little bit of both. 

 

Present Laughter, Actors Ensemble of Berkeley at Live Oak Theater, Live Oak Park 1301 Shattuck Ave. 649-5999 or www.aeofberkeley.org $10 Fri-Sat (and Nov. 18) 8 p.m.; Nov 14, 2 p.m. through Nov. 20 

 

 

 

 


An English Ramble: Walking the North York Moors

By MARTA YAMAMOTO Special to the Planet
Friday November 12, 2004

Picture this: Walks across moorland hills, a rich tapestry of color and texture; along meandering streams that cross fertile valleys of rich, green fields and isolated stone farmhouses; undulating footpaths along coastal cliffs overlooking the North Sea and sheltered fishing villages tucked away in protected coves. Returning each day to an eighteenth century Georgian mansion, your bedroom overlooking the Esk Valley and North York Moors National Park. Congenial company, comfort, and invigorating hiking in a dramatic natural setting. 

Having taken previous walking tours in Great Britain, I set out to experience a genuine English ramble, booking with a British firm. I was curious as to how walking with the Brits would compare to trips I had taken with Americans. As we hiked and talked, I considered our similarities and differences, quickly learning that though we all spoke “English” we weren’t necessarily speaking the same language.  

My needs were met with efficiency and friendliness; I was well fed, well exercised and well entertained, free to enjoy the beauty of my surroundings and the personalities of my fellow travelers. The only decisions required of me were my daily food choices and the hike I wanted to join. On each of five days, three were offered, varying in length and ascent. With stops for coffee and a picnic lunch, so as not to get knackered, we would spend each day walking from four to 12 miles, depending on the walk selected, often ending up in a small village or hamlet with time for afternoon tea or a visit to a local pub before the coach returned us to our country hotel. Here I would attempt to follow the maze of hallways and staircases to my “blue” bedroom, furnished in period pieces, bright with light from two large windows, and totally cozy. Brilliant! 

Walking on the moors is like stepping back in time, the vestiges of modern life far from eye or mind on this land seemingly unchanged by time. The North York Moors is England’s largest, unbroken expanse of rolling, heather clad hills, interspersed with rural valleys of lush, fertile greens, woodlands, and stone built villages. Among the 550 square miles are prehistoric sandstone tracks, ancient turf roads, and turnpikes leading from isolated farms to small market towns, as well as ancient crosses and way markers that have been directing moorland walkers for hundreds of years. Where the moorland meets the coast, time and the North Sea have carved out numerous small coves and bays, home to historic ports and fishing havens. 

Each day the coach would transport us to a different area of North Yorkshire. One of our moorland walks began at the Hole of Horcum, in a glacial valley cut by melt waters at the end of the Ice Age. Legend tells of how the devil scooped out this land for his punchbowl, giving rise to its other name, the Devil’s Punchbowl. As we circled the rim of this large natural amphitheater, pant legs carefully tucked into socks as protection against ticks, the somber light accented the colors of the three types of heather with their tiny, bell shaped flowers: reds, pinks, purples, russets, and 20 shades in between. Brisk winds of clean chill air shifted gray clouds to reveal brilliant blue skies, and the temporary warmth of the sun. The loud squawks of native grouse combined with the whoosh of our legs as we followed the narrow path through bilberry and rush grasses. 

At Dundale Pond, dug by monks for watering their stock, we were visited by a Highland cow and her calf, their rich, russet, coats and long curved horns vivid contrasts to the greenery around us. Here we took our morning break and while I, like a good American, drank from one of my two water bottles, my fellow walkers opened rucksacks and brought out their flasks of hot tea or coffee, and various very English snacks. Chocolate covered biscuits are as English as tea; Kit Kat, Twist, and Penguin bars fall somewhere between cookie and candy. Fresh tomatoes are also a popular snack, as well as a favored treat at breakfast or lunch. 

Fortified, we continued along the public footpath into the town of Levisham. 

Throughout the week, these footpaths, which traverse all public and private lands, along with their respective gates and stiles, made the routes of our walks possible as we crossed farmyards, fields, and pasturelands. Our goal was the Levisham Rail Station and the North Yorkshire Moors Steam Train. This popular, heritage railway, manned by volunteers, runs the 18 miles between Grosmont and Pickering. Pride is evident in the pristine condition of the station which sparkles with brightly painted boxcars in blue, green, red and yellow, lush flower boxes and a lovely, wood paneled ladies’ loo. 

The steam train carried us into the market town of Pickering, the gateway to the moors, and one of the oldest towns in the area, having been founded in 270 B.C. It was Market Monday, so I strolled among the stalls of the street and farmers’ market, picking up a warm wool hat to ward off the cold brisk winds. Winding streets led me to Pickering Castle, a traditional motte and bailey castle and royal hunting lodge built in the 12th century on William the Conqueror’s order. From the top of this man-made hill the impressive spire of the church of St. Peter and St. Paul dominates the skyline. Inside I viewed the 15th century frescoes depicting the lives of the saints and martyrs. I had hoped to visit the Beck Isle Museum of rural life with its exhibits of social, domestic and working life during the 18th and 19th centuries, but time was short and I needed to get off my feet. I ended my brief stay in Pickering at a sidewalk café where, feeling a bit peckish, I enjoyed a great cappuccino while I wrote out some long delayed postcards and watched village life flow pass. School had just gotten out and I observed how uniforms seemed to be conforming to modern fashion as young ladies wearing slim, boot leg, black pants, fashionable black shoes, and school sweatshirts laughed with their friends as they headed home. 

Another day, our walk took us to the coast, on a portion of the Cleveland Way, a 110-mile National trail from Hemsley across the Cleveland hills and down the coast to Filey Brigg. We began at Hayburn Wyke, descending through a lush wooded valley, green with ferns, lichens, and hardwood trees, crossing a meandering stream and then ascending man made stairs to Ravenscar, 600 feet above sea level. Here the Romans built a signal station in 367 A.D. as protection from Saxon invaders. At lunch, an utterly British array of sandwiches was taken from rucksacks: peanut butter-tomato, beef-beetroot, and pilchard-sweet pickle. Accompanied by multiflavored crisps, fresh tomatoes, fruit and more chocolate covered biscuits for our sweet, our meal was complete. Our conversation turned to politics and I had the pleasure of explaining California’s upcoming recall election to a populace envious of Americans’ right to remove elected officials from office.  

We followed the public footpath along the undulating cliffs with dramatic views of the North Sea, its waters roughed by the wind. At Stoupe Beck we again descended through dense woodland to the shore, a mosaic of dark exposed stones, sandy strands, and rocky pools. Here we became amateur geologists as we exposed layers of shale in search of ammonite fossils, also finding time to take a paddle in the very cold waters of the sea.  

Our destination was the infamous smugglers’ haunt and fishing port of Robin Hood’s Bay, a short walk down the beach. Established in the late 15th century, many of the tiny cottages here contain secret recesses behind walls or fireplaces where goods were hidden. The village sits in a steep sided ravine, with narrow cobbled streets, winding down to the quay. Fisherman’s cottages, stonewashed and colorful with red tile roofs, are close together in tiers hugging the steep hillsides. After a restorative, and by this time, mandatory, pot of tea in a New Age Bookshop/Café, I wandered along the narrow streets, camera in hand, ending up at the quay. Here I met an American couple from Pennsylvania, celebrating the completion of their English coast-to-coast walk, 190 miles from the Irish Sea at St. Bees to the Bay Hotel in Robin Hood’s Bay.  

Mid week a free day was provided. No events being scheduled, we were on our own. I used this day to explore the charming seaside resort of Whitby, a short walk from the hotel. An important industrial port, shipbuilding town, and whaling center in the 18th and 19th centuries, today its port is mostly used by pleasure craft. Visitors followed the cobbled streets to shops originally set up in Victorian times when craftsmen created jewelry and ornaments from jet, a black gem collected from surrounding beaches. These shops are still busy today selling earrings, pendants and bracelets of carved, polished jet. The harbor, set in the River Esk, which divides the town as it comes down from the moors, was comfortably crowded with visitors enjoying the colorful ships. Others followed the cobbled streets, alleys and many flights of stone steps passed red roofed buildings rising, tier by tier, up to the East and West Cliffs. Still others, myself included, required a fortifying break before ascending to the historic sites at cliff’s top. 

Teahouses fill a critical niche in English life, as much socially as for sustenance. I began my day at the Whitby Tea Room savoring a pot of tea and a cream scone, a confection I can only enjoy in the U.K. With lace curtains, pine wainscoting, and the slowly rotating heads of William Shakespeare and Captain Cook, keeping an eye on my cream consumption, I enjoyed a pleasant interlude before climbing the 199 steps up Church St. to the East Cliff. 

The Church of St. Mary is unique, with its ship’s deck roof, triple-decker pulpit, and wood interior fitted by shipbuilders. It is easy to imagine its enclosed galleries containing ancient mariners and townspeople listening to the rector’s Sunday sermon, while his deaf wife made use of an avant-garde ear trumpet. Outside, among ancient, crooked gravestones, the views are expansive toward the harbor and town below, and out to the North Sea.  

The stark ruins nearby are the remains of Whitby Abbey, founded in 657 A.D., sacked by the Vikings in 870 A.D. and rebuilt as a Benedictine Abbey in the 11th century. The visitor center with museum quality exhibits, artifacts, and interactive displays allows visitors to gain information and feel a participant in the abbey and monastic life. The audio program I listened to while touring the abbey grounds provided first hand narratives about daily life, history, and related topics. Complete with sound effects, the actors’ voices had me thoroughly absorbed, taken back in time to the hard life of Brother Gervase while surrounded by the massive walls of the abbey and the calling of the gulls. 

Mile upon mile of open space atop the moors and overlooking the sea; an area described as desolate by some and romantic by others. For me, a week where mind and body escaped the minutia of everyday life. A sole, but not lonely, American among an interesting, inspiring group of keen ramblers, fit into their 70s and 80s. While my pronunciation of British words was usually wrong, and I missed most jokes, I added to my vocabulary. Among “reserved” Brits, this curmudgeon participated in nightly organized team competitions, quizzes, games and country dancing. To my surprise, I also won first place in the limerick competition. With walking holidays offered throughout Great Britain, Europe, and beyond, everyone in the group were veterans. I determined to join them and enthusiastically sign up for another English ramble. Lovely and a bit of all right!  

 

IF YOU GO 

 

GETTING THERE: 

Yorkshire is accessible by train, bus, or car. Trains run frequently between London and York, at the heart of Yorkshire, and take about 2 hours. From York to Whitby is 1 hour by car. Rail travel will take you to Scarborough, from there transfer to Whitby by coach or taxi. Manchester Airport is a closer alternative when traveling in the North Country. 

 

ACCOMODATION: 

Larpool Hall, Larpool Lane, Whitby, North Yorkshire, YO22 4ND, phone (01947) 602 737 

This trip was taken through hf Holidays Ltd, Imperial House, Edgeware Road, London NW9 5AL, website: www.hfholiday.co.uk, e-mail: info@hfholidays.co.uk. Americans can book directly or through Canada using Teachers Travel Services, Tel: 1 800 268 7229, e-mail: info @teacherstravel.com. Tours are offered throughout Great Britain and Europe, from March to November. Seven night tours in Great Britain average between L400 and L500 ($640-$800) 

 

WHAT TO DO: 

North York Moors National Park: 30 miles north of York. Primary gateways to the park are York to the south and Middlesbrough to the north. National Park Information Centers at Danby (Tel: 01287 660 654) and Sutton Bank (Tel: 01845 597 426). Both open daily March-Dec., weekends only Jan.- Feb. The Moors & Coast visitor guide (50p), available at Tourist Information Centers and National Park Information Centers is very useful. 

North York Moors Steam Train: runs 18 miles through North York Moors National Park between Grosmont and Pickering. (Tel: 01751 472 508), talking timetable (473 535). 3-7 return trips late Mar.-Oct. daily; Nov.-Dec. most weekends; Jan.-Feb. select holidays. All-day rover tickets L10, children L5, seniors L8.50, family tickets from L23. Single tickets also available. 

Pickering Castle: in Pickering, 15 miles SW of Scarborough. Open daily, closed Dec. 24-26, Jan.1. Adult L2.60, children L1.30, family ticket L6.50. (Tel: 01751 474 989) 

Whitby Abbey: at cliff top above the town of Whitby. Open daily. Adults L3.80, children L1.90, family ticket L9.50. (Tel: 01947 603 568)  

Church of St. Mary: next to abbey. Open July-Aug. 10 a.m.-5 p.m., closes 2 p.m. in winter. Suggested donation L1. (Tel: 01947 603 421) 

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Outcry Spurs Cleanup Shift to Toxics Agency: By RICHARD BRENNEMAN

Tuesday November 09, 2004
Jakob Schiller:
               
              “I thought super cops were taking special care to keep us safe. I couldn’t have been more wrong, maybe dead wrong.” 
              —Sherry Padgett, a member of Bay Area Residents for Responsible Development 
              and an employee at Kray Cabling, a business that borders the Campus Bay site.
Jakob Schiller: “I thought super cops were taking special care to keep us safe. I couldn’t have been more wrong, maybe dead wrong.” —Sherry Padgett, a member of Bay Area Residents for Responsible Development and an employee at Kray Cabling, a business that borders the Campus Bay site.

Bowing to public and legislative pressure, state officials Monday agreed to a change in jurisdiction over the toxic cleanup of Campus Bay, the South Richmond site where developers hope to build a condo project atop a hazardous waste dump. 

“It’s my understanding that the water board and the state Department of Toxic Substances Control (DTSC) are working on a transfer plan to have DTSC become the lead agency,” said East Bay Assemblymember Loni Hancock Monday.  

The move follows a heated joint legislative hearing convened Saturday in Richmond by Hancock and state Assemblymember Cindy Montañez, a Southern California lawmaker who chairs the Assembly’s Rules Committee and as well as the Select Committee on Environmental Justice. 

Speaker after speaker at Saturday’s meeting voiced outrage at the water board’s handling of the site and demanded that site jurisdiction be removed from the San Francisco Regional Water Control Board over to the DTSC. 

“I’m not going to celebrate until I see all the details,” said Peter Weiner, a San Francisco attorney who represents a citizens’ group which has challenged the project on public health and safety issues. 

Formal word came from Rick Brausch, assistant secretary for external affairs of the California Environmental Protection Agency, in an e-mail to legislators and regulators. 

“DTSC and the Regional Board are discussing the logistics for transitioning lead regulatory oversight. . .to DTSC,” Brausch wrote. 

The toxic control agency will control all aspects of the dry land portion of the site, and the water board will continue to play a role in the restoration of marsh and wetlands near the shore, he said. 

“It’s a great, great thing,” said Sherry Padgett, a BARRD member who has worked next to the site for seven years and whose struggle with rare forms of cancer led her to become a leading critic of the Campus Bay project. 

“Once the camel gets its nose into the tent, it’s going to be hard to keep it out,” she said. “From now on there will be public participation and formal logs of complaints.” 

Padgett praised the two legislators for listening to residents’ complaints and acting on their concerns.  

Karen Stern, publicist for Cherokee Simeon Ventures, the joint venture proposing to build the housing complex, said Russell Pitto, chair of Simeon Properties, one of the two corporate partners, had requested greater DTSC involvement in a Monday morning call to Brausch. 

“We are looking for clarity, and we welcome DTSC’s involvement,” Stern said. “Clearly both agencies have roles to play.” 

 

Richmond Showdown 

All parties agreed that Saturday’s hearing was instrumental in bringing about the regulatory regime change. 

Saturday’s drama began with Padgett’s testimony, a passionate and riveting plea to the legislators and regulatory officials gathered in a packed meeting room at UC Berkeley’s Richmond Field Station.  

Her message was simple: Give DTSC final say over the future of the site where Cherokee Simeon hopes to build a waterfront complex of 1330 units of condos, townhouses and apartments atop a pile of buried waste. 

Her testimony, a personal story of tragedy and purpose, drew a standing ovation from most of the audience. 

And before the session ended, Brausch had promised he would meet Monday in Sacramento meeting with the heads of the two agencies. 

Critics of the development—the large majority of the speakers—found a receptive audience in Montañez and Hancock, the member of the California Assembly Committee on Environmental Safety & Toxic Materials who had requested the hearing. 

Beyond their immediate concerns over Campus Bay, the lawmakers looked at the system itself, promising new legislation designed to reform a regulatory system both agreed is seriously flawed.  

 

Regulatory Choices 

The lawmakers’ questions to state regulatory officials revealed a bureaucratic landscape in which a developer seeking to build on polluted earth can chose whichever agency she thinks will make the job the easiest and cheapest—a decision which even the state’s top environmental officer can’t reverse. 

And what are the developer’s options? 

• One, the DTSC, is a state-wide agency staffed by scientists, toxicologists and other experts which conducts its oversight with extensive public notice and participation from the very outset. 

• The other, the regional water board—without a single toxicologist for the last two years—is a regional entity which presents its work as a fait accompli, with public participation only at the end. 

In the case of Campus Bay, the change only came after the developer agreed this week to change the jurisdiction to the DTSC. 

Montañez, whose San Fernando Valley district includes several seriously polluted sites earmarked for development, told the gathering that “my passion as a legislator is the issue of brownfields and environmental justice.” 

Brownfields are defined by the U.S. Environmental Protection Agency as “real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.”  

 

Table Top Mountain 

The reason for Saturday’s gathering lay just to the north, what Padgett described as “a 350,000 cubic yard, 30-acre, eight-foot-tall table top mountain with a concrete cap”—the toxic residue of a century of chemical manufacturing where Cherokee Simeon wants to build housing. 

Cherokee Simeon Ventures began the project as a biotech park, then settled on the housing development after the tech boom tanked. 

The corporate entity combines the expertise of developer Pitto’s Simeon Properties with the deep pockets of Cherokee Investment Partners, a firm which investments pension and other institutional funds in brownfields development. 

Until 1998, the land housed a chemical manufacturing complex last owned by AstraZeneca, a British firm. 

The site landed on the federal Superfund list, a high priority list, before the federal Environmental Protection Agency passed jurisdiction to the state, which placed it on its own Superfund list. 

 

Water Board’s Role 

Jurisdiction had already come under the aegis of water board in 1980, after the discovery of polluted outfall water. The board retained oversight responsibility for when the land was sold to Cherokee Simeon on Dec. 31, 2002. 

AstraZeneca had originally estimated it would cost $100 million to clean up their mess, including land at the UC Field Station where the hearing was held. But an Emeryville firm, LFR (Levine Fricke Recon) captured the deal with a $20 million bid which called for the polluted soil to be buried on site rather than buried in an off-site toxic waste dump. 

The Levine in the cleanup firm’s corporate name is Berkeley toxic cleanup up specialist turned would-be casino developer James D. Levine, who worked years ago on the water board staff with a senior water board staff member who is closely involved in the Campus Bay project. 

AstraZeneca had already spent $20 million to remediate the site to industrial and commercial standards when the sale closed, according to a handout distributed at the meeting by Cherokee Simeon. 

 

Health Director’s Concerns 

One of the first official voices to join Padgett’s call for a DTSC takeover at the site was Contra Costa County Public Health Director Dr. Wendel Brunner.  

“For a site as complex as this, the water board doesn’t have the expertise or experience to handle it on their own,” he declared to the applause of the audience. 

“The water board persists in maintaining they have adequate expertise,” Brunner said. “They have demonstrated that they do not. . .and when the developer indicated” plans to build housing, the board “should have transferred the lead to the DTSC and worked in support.” 

While Brunner noted that “Contra Costa County has the highest concentration of toxic and hazardous waste per capita in California,” Richmond Mayor Irma Anderson noted that “Richmond has the highest incidence of cancer in Contra Costa County. 

“It appears very clearly we have a legislative problem with who makes the best decisions,” she added. 

Brausch told the audience that California EPA Secretary Terry Tamminen “is very interested in the issues of the site here in Richmond and in the overall issues” of cooperation between the regulatory agencies. 

It was then that Brausch, a veteran of 18 years with DTSC, said he would summon the heads of both agencies to his Sacramento office to work out the issue of jurisdiction. 

 

Richmond Official Booed 

Richmond elected and appointed officials have supported the housing project, looking for a boost to the city’s property tax base. 

Steve Duran, director of the City of Richmond Community and Economic Development Department and a leading proponent of the project, came under intense questioning, and drew a chorus of disbelieving boos when he declared his agency’s top priority was public health. 

To Duran and other city officials, the construction of a large number of condos promises a substantial increase for the tax base of a cash-starved city government. He also cited the project’s compliance with the housing goals of the county and the Association of Bay Area Governments. 

Moneys generated by the site, he said, would help fund redevelopment in high-crime, low income minority neighborhoods. 

A Cherokee Simeon handout distributed at the meeting and echoed on the city’s website noted that the project could bring the city $7 million in annual tax revenues for Duran’s agency, $6.8 million in impact fees to the West Contra Costa Unified School District, $7.3 million in impact fees to the city, $40 million for site infrastructure improvements and 500 temporary construction jobs. 

Richmond City Councilmember Tom Butt, the highest vote-getter in last week’s election and a recipient of donations from Cherokee Simeon, and council colleague Maria Viramontes expressed frustration at not being able to rely on state agencies for adequate supervision of the site. 

In an e-mail distributed after the meeting, Butt said he had no faith in either the water board or DTSC. He also faulted city staff for relegating too much regulatory authority to the state and federal government. 

Newly elected Councilmember Gayle McLaughlin, a member of the Richmond Progressive Alliance and an active project opponent before her election, joined the call for DTSC to talk the helm. 

West Contra Costa School Board member Karen Fenton, a former chemical technician, praised Hancock and Brunner “for being a good guy.” 

 

Of Fires and Dust 

Jess Kray, a Marina Bay resident and the owner of Kray Cabling where Padgett works, said he initially dismissed her concerns. “I told Sherry, the most intelligent and curious person on this planet, that ‘I’m sure we’re being taken care of ‘ because I naively assumed (the regulators) acted like the fire department. 

“Not only does the fire department come when they’re called, but they’re proactive. They come every year to my business and tell me, ‘That’s a fire hazard, clean it up.’ 

“And it’s not like you can tell them when you have a fire, ‘The last time you came out and put water all over everything, so this time I’m going to call the school board.’ Imagine if you could shop for who puts out your fire. That would be bad for all of us.” 

It was an analogy Hancock later said was illuminating. 

Many speakers complained of dust being generated during the current cleanup. 

“There was dust last week. You couldn’t see the yellow line down the middle of the road,” said Weiner. “People complain, but nothing is done and the DTSC is not asked” for help. 

“We need an agency that understands what air quality is about,” and has the specific equipment and expertise, he said. 

 

Anger, Concern Voiced  

The audience applauded when Jeff Hohenstein, a BARRD member and an instructor at Aikido of Berkeley, which has a martial arts studio a half block from the site, called for a halt to all work at the site until oversight issues are resolved. 

He pointed to an Oct. 20 letter from DTSC which found fault with the water board’s acceptable levels for dust leaving the site and called for a 620 percent reduction. 

Tim Calhoun, owner of a business next to the site, was particularly angered that during the current phase of the cleanup, Levine Fricke ripped the cap off a portion of the buried waste to make room for temporary storage of contaminated muck being dredged out of a waterfront marsh. 

Claudia Carr, a UC Berkeley professor of environmental science, policy and management in the College of Natural Resources, lives in Marina Bay in the residence closest to the project on the north. 

“This is an enraging situation,” said Carr, one of the first to join BARRD. “There is incredibly broadspread fear and anger, and issues of life and death. . .there must be oversight by the DTSC and EPA. I have zero faith in the water board,” which, she said, relied for its scientific information on the developer and Zeneca and its cleanup agent, Levine Fricke. 

The Sierra Club also wanted DTSC oversight at the project, said Norman La Force, legal chair of the club’s San Francisco chapter. 

DTSC “has not only public participation but long term enforcement,” La Force said, “and both are absent from the water board.” La Force also faulted the water board for failing to adequately address wildlife issues. 

Representatives of several Richmond neighborhood associations joined in the criticism, including the Richmond Annex Neighborhood Council, the Cortez Stege Neighborhood Council, and the Richmond Panhandle council. 

 

Invisible Threats 

One of the main concerns of neighbors and a serious challenge to any plan to put housing on the site are the volatile organic compounds that have been detected escaping from the soil at Campus Bay. 

These airborne chemicals pose a wide range of health risks and have been detected above the minimal remediation levels set by the federal Environmental Protection Agency. 

Compounds detected at actionable levels include acetone, benzene, carbon disulfide, chloroform, PC, TCE and vinyl chloride. 

Cherokee Simeon proposes to deal with them by installing fans to blow air through channels below the proposed housing, a plan that drew sharp comments from critics at the meeting. 

 

Activists Zero In 

Jane Williams, executive director of California Communities Against Toxics, represents a coalition of 70 community-based environmental justice groups across the state and has served on several state and federal advisory boards. She came from her home in Rosamond in the Mojave Desert to testify at Saturday’s hearing. 

Williams, an economist by training, said the push for brownfields projects “comes from the economic development process, not from the public health ethic.” 

While the goal of the public is protection of health and the environment, the goal of local government is to add to the tax base, and the goal of the developer is profit generation, she said. 

In the case of Zeneca, she said, “It’s a complete mystery how a federal Superfund site went to the state and then mysteriously appears on the water board” agenda, a process she called “regulation by Russian roulette.” 

She described the Campus Bay site as “the poster child of bad outcomes,” and noted that “(t)he water board has no requirements for public participation except at their board meetings.” 

Marlene Grossman came in from Pacoima, a city in Montañez’s legislative district, where her organization, Pacoima Beautiful, is fighting a battle against water board-supervised site adjacent to a heavily populated low-income neighborhood where nearly every home reports at least one case of asthma. 

Grossman’s concern is a heavily contaminated site that housed a facility of bathroom hardware manufacturer Price Pfister, a subsidiary of tool company Black & Decker. The companies picked the water board to oversee the cleanup. 

Grossman praised Montañez and Williams for their help in her campaign. 

“Stay vigilant, and do your work well,” she told Richmond activists. 

 

Differing approaches 

Jim Marxen, who supervises public participation for DTSC, said his agency operates on the 1984 federal Superfund guidelines. 

“We have community meetings very early on to find out what issues and concerns they have. “Community input works best early, early on,” he said to nods of assent from the audience. 

The agency provides a 30-day comment period in the early stages of a project, and the comments and responses are posted on the agency website and mailed out as well, along with fact sheets and public notices. 

In addition, a community advisory panel provides guidance throughout the cleanup process. 

While Bruce Wolfe said he regarded his water board’s role “as moderator between the property owner and the community” to make sure the developer is responsive and the cleanup satisfactory, Barbara J. Cook, the Berkeley-based regional head of DTSC, said her primary concern is “risk to public health.” 

Simeon Properties’ Pitto attended the hearing but left the testifying to Dwight Stenseth, Managing Director of Cherokee, a firm that has purchased more than 330 brownfields sites in North America and Western Europe in the last 14 years. 

Stenseth presented a picture of a socially responsible company teamed with “a highly reputable developer” who has worked closely with city government and community stakeholders. 

“We don’t necessarily care who we work with as an agency,” Stenseth said.  

 

Lawmakers Weigh In 

“Whether it’s Northern California or Southern California, the water boards are always under attack and the DTSC is seen as the model of public participation,” said Montañez.  

“A member of my staff was told by a member of your staff that you have neither the mandate, the money or the expertise to implement DTSC standards,” Hancock told Bruce Wolfe, executive director of the San Francisco Bay water board. 

“The state needs one process, and it should be the DTSC process,” the Berkeley legislator declared. 

“One of the key points I’ve learned is that the public, ordinary families, should not have to become experts to go about their daily life,” Hancock said as the hearing grew to a close. “There needs to be a single process, transparent to all. This is the beginning, and there’s a ways to go. 

“I’m very encouraged that there was a commitment from Cal EPA to sit down Monday and make sure the cleanup is done in a way that’s good for all of us.” 

Afterwards, she said she preferred to see the DTSC designated as the lead agency. “We need what DTSC can provide and we need it now,” she said. 

Montañez said Assembly Speaker Fabian Nuñez is deeply concern with the issues raised at the hearing, and that Hancock’s concerns “have very strong backing from the members of the Legislature.” 

Hancock wants legislation that will mandate public participation in all brownfields projects, and Montañez said the statutes will be introduced later this year. 

Both were encouraged that Brausch had called the meeting Monday to hash out jurisdiction over the campus Bay site. 

Padgett, Carr and the other activists said they hope Saturday’s hearing marks a turning point. 

“I do believe I felt the earth move,” said Kray


A Victim's Plea: By SHERRY PADGETT

Tuesday November 09, 2004

California Assembly Committee on Environmental Safety and Toxic Materials 

California Assembly Select Committee on Environmental Justice 

 

Dear Committee Members: 

First, thank you to the members of the Committees for taking the time to hear our story. Thank you to Loni Hancock and her terrific staff for making this hearing happen. Thank you to the Richmond Neighborhood Councils who are represented here today including Parkview, Eastshore, Crescent Park, Laurel Park, East Richmond, Southwest, Point Richmond, Marina Bay and especially the Panhandle and Richmond Annex. Thank you to the Downwind Property and Business Owners who are present today. Thank you to fellow members of the Bay Area Residents for Responsible Development and especially Peter Weiner for his remarkable and wise counsel. And thank you to my employer, Kray Cabling, Inc. and Jess Kray for continued support. 

I am here because something went very wrong with governmental oversight of one of the most toxic sites in the State of California. In 1997, Astra Zeneca, the second largest pharmaceutical company in the world, made a decision to close the 85 acre Western Research Facility where highly toxic chemicals were developed and manufactured for 100 years.  

By the end of 1998, the once thriving facility turned into a ghost town. Pink slips and transfers were passed out. Parking lots emptied and approximately 50 office buildings, laboratories, manufacturing facilities, storage units and slabs were slated for demolition. A demolition permit was issued by the City of Richmond on a five inch by eight inch card. No questions were asked and no references were made to the site being one of the most hazardous in the State of California. Demolition began in late 1998 and proceeded through 2001. No inspections, no questions and no follow-up by the City of Richmond. No public notice to the unsuspecting downwind community. Between late 1998 and 2001, the site was methodically and intentionally flattened. No public involvement. No protection. No hazard notices.  

Zeneca’s original one hundred million dollar set-aside for toxic site cleanup was replaced with a twenty million dollar budget cleanup, which was too incredible to pass up, offered by Levine Fricke Recon. Rather than hauling out the toxic material to Class I and Class II dump sites, the Levine Fricke plan created a 350,000 cubic yard, 30 acre, 8 foot tall table top mountain with a concrete cap. In other words, why spend the money to haul it out when it could be scooped, mixed, treated and covered on site at one fifth the price. Levine Fricke obtained tentative/conceptual approval of the budget cleanup plan from the San Francisco Bay Regional Water Quality Control Board. During that time, public inquiries regarding Zeneca site cleanup orders, were posted as actively managed on the Department of Toxic Substances Control list of sites, having been passed from the federal Environmental Protection Agency Super Fund investigation process, to the California Environmental Protection Agency for follow-up.  

Plans were made by Zeneca to offload the property to a developer as soon as practicable. Site chemical cleanup commenced some time between 1999 and 2001, prior to Water Board or DTSC approval of a plan. No public notice, no precautions, no air monitors, no hazard notices. The Regional Water Board approved the cleanup plan and approved cleanup orders September 2001. How the cleanup plan for one of the most toxic sites in the State of California moved from the Department of Toxic Substances Control list of managed sites to the San Francisco Regional Water Quality Control Board remains a mystery. Serious cleanup activities began May 2002, known to most of us who lived through it as Big Dig 2002. Blowing dust was so prevalent and dark we could not see the sun for hours on many days. So much dust was in the streets, vehicles kicked up clouds of dust as if they were traveling dry dirt roads. Vegetation was covered with so much dust that some died, unable to breath. Large populations of rabbits, skunks, squirrels, mice, birds and feral cats disappeared. They never returned. Dirt was everywhere. The white dumpsters outside our businesses turned dark brown with layers and layers of dark dirt. Our cars were covered with dirt every night when we left our offices. Every person who worked in the area remembers it vividly. Operations continued sometimes 24 hours a day for weeks. Trucks left the site covered with dirt and mud leaving a mile long trail past the Central Avenue exit on Interstate 580. The hauling contractor listed on the City of Richmond grading permit for Big Dig 2002 was not licensed to handle hazardous materials and is not a licensed contractor in the State of California. 

Zeneca did not file an Environmental Impact Report describing the full extent of the cleanup which began in 1998 and continues through today, six years later. Zeneca provided no public warning or comprehensive view of the cleanup’s extraordinarily lethal human health hazards or the broad and severe impact to other environmental categories such as endangered species, traffic, air quality, noise, marshland habitat, visible shoreline change, vegetation, local industry, recreation and most importantly short and long term human health.  

Zeneca put the two northern Lots 1 and 2 on the block for sale and by the end of 2002, the new owner, Simeon, received a negative declaration and clearance from the City of Richmond to move forward with plans to develop more than 450,000 square feet of bio tech office and lab space on the northern 27 acres. Then the bio tech market crashed and plans changed. Simeon and its fund source, Cherokee, joined to purchase the remaining 56 acres, including the massive 350,000 cubic yards of toxic material under a 30 acre cap averaging eight feet above ground level.  

Simeon Cherokee proposed a high density high rise residential development to house more than 3,000, to the City of Richmond with encouragement from the Richmond Redevelopment Agency early 2004. The proposal was in direct conflict with the Knox Freeway Corridor Specific Plan which calls for buffer zones between industrial, commercial and residential neighborhoods. The community turned out in record numbers in March and May 2004, opposed to the residential development. The Draft Environmental Impact Report for residential or big box retail development purposely avoids reference to the massive toxic cap and ongoing site cleanup. The Draft EIR is on temporary hold per Simeon’s request. Simeon told the City of Richmond they are waiting for a statement from the San Francisco Bay Regional Water Quality Control Board that the site can be classified for residential use if 24 hour a day, 7 day per week fans are installed to whisk away the accumulating extremely toxic, invisible, odorless fumes which will be present for hundreds of years. On the flip side, the Water Board told us they are waiting for an Environmental Impact Report before they make a statement regarding land use. 

Last month, more toxic site cleanup work commenced in the marsh area of the 85 acre site. 25,000 cubic yards of extremely toxic marsh muck are being moved to an open pit in the middle of the 30 acre table top mountain of hazardous material. Zeneca remains the polluter of record while Simeon/Cherokee proceed with the next phase of cleanup. 

Up until March 2004, I, like most members of our community, thought governmental agencies were heavily involved in the hour-to-hour and day-to-day operations at the Zeneca site. I worked across the street, directly downwind, 50 feet from the fence line for the last seven and a half years. I often worked 10 to 14 hour days, six to seven days a week. Every time I gave the site consideration from my office window, I thought super cops were taking special care to keep us safe. I couldn’t have been more wrong, maybe dead wrong. No governmental authority watched out for our health and well-being between 1998 and 2001. Then the San Francisco Bay Regional Water Quality Control Board approved a self-monitored cleanup plan September 2001 that required little to no governmental involvement other than to read and file periodic reports describing progress, when they arrived by mail.  

I might never have given it more thought if I had not become very, very ill. In September 2003, Thoracic Surgeons at the UCSF Comprehensive Cancer Center removed a tumor the size of the front of my fist from my front lower left chest wall. They cut out four ribs, the xiphoid, part of my sternum and all of the abdominal muscles. They put me back together with an eight inch round Marlex patch to hold my insides in and a piece of red rubber to keep the diaphragm working. The tumor was chondroma/chondrosarcoma, an extremely rare cancer – one in two and a half million. There is no cure, only excision. No chemotheraphy, no radiation. During the six month follow-up CT and PET scans February 2004, the radiologist found a marble sized tumor in my left thyroid which was not present on scans July 2003. Surgeons removed my thyroid July 2004. I was diagnosed with papillary carcinoma, with Hurthle cells, Hashimoto’s and thyroiditis. I was given megadoses of radioactive iodine and remained isolated for weeks while the glow wore off. I have lost two thirds of my hair and it is still falling out. Thyroid cancer is very rare, at one percent of all cancers in the United States. In July 2004 two new tumors surfaced on my right upper chest wall. We are watching them closely, considering them benign for now. If the tumors must be removed, surgeons will be taking out my upper right chest wall including what remains of my sternum. In December I am scheduled to have a complex septated cyst removed from my right ovary and the ovary might go, too.  

Physicians who see me regularly include a primary care, two surgeons, an endocrinologist, a hematologist, a gynecologist, a cardiologist, a radiologist, two pathologists, a geneticist and an oncologist. When I tried to return to work spring 2004, I started talking to neighbors in our business community and found my experience up to that point was not unique. An unusual number of tumors, cancers and illnesses surfaced among 24 individuals out of 300 working full time in the neighborhood within a two year period. Of the 24 individuals, 11 are dead. Maybe some of those could be considered normal. I do not consider my case normal. My geneticist says nothing in my inherited genetic makeup predisposed me to any kind of cancer. My family has lived into their late 90s for many generations. I missed three days of work for illness in more than 25 years of professional work. A silent, insidious and deadly toxic exposure altered and damaged my genetic code, allowing these tumors to grow unfettered. 

The community has actively been trying to get the attention of the San Francisco Regional Water Quality Control Board since March 2004. We have asked hundreds of very appropriate questions which have gone unanswered. We wrote three formal letters outlining our concerns. We met with representatives of the Water Board who were good people, but ill equipped to deal with public inquiry. It became evident by mid summer that while the Water Board likely does an outstanding job overseeing the safety of our water resources, they are not structured to monitor a hazardous site as complex and lethal as the Zeneca site cleanup. In addition to our written inquiries, we have appreciated the three letters written by the Department of Toxic Substances Control to the Water Board regarding this site, even though they have been limited in scope per political and organizational restrictions. We have been dismayed that most of the direction or recommendations made by DTSC have been largely ignored.  

For seven months we have asked repeatedly for:  

• An explanation of why more than two thirds of the known site toxins have not been included in dust and air samples during 2002 and 2004.  

• A public notice or letter describing the extent of our risk. 

• More air monitors including monitors in our businesses to measure indoor volatiles. 

• An explanation of the allowable limits of dust and chemicals of potential concern 

• Daily dust samples with rapid turn around including chemical analysis 

• Split sampling 

• More comprehensive dust tests including particulate size 

• Remediation plans to bring the known volatile organic chemical hot spots within the 30 acre toxic mountain within acceptable limits 

• An explanation of how children can be allowed to attend a daily after school program in a building less than 100 feet from known toxic hot spots. 

• A list of all chemicals developed and manufactured on the property. 

• Uranium, plutonium and other radioactive material tests because we know the site was used for radioactive experiments in the 1960s. 

We implore upon you to find a way to first move this site to DTSC control and oversight, and second, influence regulatory change to insure public involvement, and that this kind of exposure does not happen again. 

My primary concern is for the health of my friends and fellow employees, my neighbors and future inhabitants of the property. We have a moral responsibility to insure that everyone, especially children, pregnant women and frail elderly are not harmed by unseen poisons emanating from this site for many generations to come.  

Sincerely yours, 

Sherry B. Padgett 

Bay Area Residents for Responsible Development  


Albany Race Hinged on Waterfront Plans: By JAKOB SCHILLER

Tuesday November 09, 2004

According to close observers of the Albany City Council race, voters sent a clear message last week by electing two new members who oppose large-scale waterfront development. 

Both Robert Lieber and Farid Javandel, who received the second and third highest percentage of the vote, respectively, were endorsed by the Sierra Club and have stated their opposition to the various development plans that have been proposed for the Albany waterfront.  

“I believe that this council won’t be a heavy development council, at least that’s what I’m hoping for,” said Lieber, who is a registered nurse at Alta Bates. “I think the city spoke out clearly by backing Sierra Club candidates.” 

The third candidate who won a seat, Jewel Okawachi, was an incumbent and has said she is also opposed to large-scale development. 

The development issues facing the city include the informal proposal by Magna Corporation, which owns the Golden Gate Fields racetrack, to build a 600,000- to 800,000-square-foot mall on a parking lot to the northwest of the racetrack. 

Magna Entertainment Corp., the largest operator of horse tracks in North America, has not released any formal plans for the development, but has selected Caruso Affiliated Holdings as the developer. Both the firm and its president, Rick J. Caruso, have generated controversy with their other developments around the state, such as The Grove, a megamall complex in Los Angeles.  

Magna’s future at the site is not certain, city leaders said. The company could shut down the Golden Gate Fields racetrack and focus on their new racing facility in Dixon, which sits on 260 acres adjacent to Interstate 80. If the race track is closed, the Albany site could be made available for a new development.  

Citizens for Eastshore Parks and the local Sierra Club chapter have already issued a proposal for what to do with the land if Golden Gate Fields leaves. They want 85 percent of the land to be parks and open space, leaving 15 percent for development. 

Inland, the new council will face new development by the University of California at the Gill Tract. The university is already moving ahead with new housing developments and plans to develop 72,000 square feet of retail space as well. All three council winners said they were concerned about the university plans for the site and wanted to see limited development. 

Lieber, who won 20 percent of the vote, second behind Okawachi, said he supports the CESP/Sierra Club proposal to keep the racetrack property and the parking lot as 85 percent open space and 15 percent development.  

“I would oppose a massive development down there,” said Lieber. “It would ruin open space and park land that are desperately needed by Albany and the entire Bay Area.” 

Javandel, who is a traffic and civil engineer, said he also supports the CESP/Sierra Club proposal. Both, however, hope the city can devise a way to bring in development that will generate a comparable amount of tax revenue if the racetrack leaves. 

“I’m not opposed to reasonable development,” said Lieber.  

To replace the racetrack Javandel said he envisions a resort-style hotel on the eastern portion of the land which would shield the open space near the shore from the freeway. 

“I think certainly as the race track diminishes as a revenue source it becomes necessary to replace the lost revenue for the city,” said Javandel. 

Robert Cheasty, the president of Citizens for Eastshore Parks and a former Albany mayor, said Lieber and Javandel being elected speaks loudly about the concerns of the community 

“People who are waterfront advocates were concerned that there was not a strong enough voice to stand up to development proposals,” said Cheasty. “It was clear that the town came out in support of the candidates that spoke for protecting the waterfront.” 

“I think we are going to have a good council,” said James Carter, the executive director of the Albany Chamber of Commerce. 

Carter said he hopes both candidates’ opposition to large developments will help local businesses survive. 

“I’m glad they are fighting them over there,” he said in reference to Magna’s proposed development. 

Carter said he also hopes both candidates help stop what he calls the “malling” of the Easy Bay. He said Albany businesses were hurt by the El Cerrito mall. With another down at Golden Gate Fields and development at the Gill Tract, he said, the East Bay is in danger of becoming another place dominated by big-box retail malls. 

“Some people want the East Bay to be L.A. I’m from L.A. and I certainly don’t want that to happen,” he said. 

 

 

 




Transit Authority Promotes Marina Terminal: By MATTHEW ARTZ

Tuesday November 09, 2004

The architects of a proposed ferry service from Berkeley to San Francisco unveiled their ridership study Saturday, saying that the Berkeley Marina is emerging as the leading site for the service. 

Although the location of a proposed ferry terminal in Berkeley remains uncertain, Steven Castleberry, executive director of the Water Transit Authority (WTA), said that barring a fight from Albany, the marina is the likely spot. 

At a special joint meeting of the city’s Waterfront and Transportation commissions, Castleberry outlined a modest commuter service that by 2010 would begin transbay service. 

The WTA, established in 1999 by legislation authored by State Senator Don Perata (D-Oakland), is flush with money. In March, Bay Area voters approved Measure 2, also championed by Perata, which earmarked $41.5 million for creating and expanding ferry lines.  

For the proposed Berkeley service, the measure will contribute $12 million for two new boats and a projected $3.2 million annual subsidy to help pay for the service. What the measure won’t pay for is the estimated $10 million needed to construct a terminal that warring parties want to see either at the edge of the Berkeley Marina, or further north, either at the mouth of Gilman Street in Berkeley or Buchanan Street in Albany. 

Norman La Force of the Sierra club, reiterated the group’s opposition to locating a ferry terminal anywhere other than the marina. The alternative locations, he said, would direct ferries through the waters of the Eastshore State Park, a plan he compared with rerouting busses through Yosemite National Park to get to Reno. 

“You’re not going to get a consensus if Gilman or Buchanan is chosen as the site,” he said. 

Jeri Holan of Friends of an Albany Ferry said, “I don’t want to see public money wasted on a service that might never get off the ground.” She noted that ferry service from the marina has failed before. The most recent attempt, following the Loma Prieta Earthquake, lasted less than a year. 

The Sierra Club and local environmental organizations can wield influence over land use on the shoreline. Two years ago, they worked to keep athletic fields off a section of Albany coastline and currently they are battling the Magna Corporation over the company’s planned commercial development at the site of the Golden Gate Fields Race Track. 

For a ferry terminal to be viable either on Gilman or Buchanan, Magna would have to allocate land to build a projected 300-400 parking spaces. 

Acknowledging the political muscle wielded by the environmental groups, Castleberry said after the meeting that unless the Albany City Council lobbied hard for the ferry service, the Marina would likely be home to the terminal. A final decision, he said, would not come until after the sites had been studied in an environmental review. 

Neither location is an ideal home to a ferry terminal, Castleberry said. The marina is prone to traffic congestion and has a limited parking supply, while directing boats to the shallow water around Gilman or Buchanan would require dredging to deepen the sea channel which could affect native wildlife, he said. 

A prolonged fight over the location of the terminal could jeopardize the service. If the funds for the Berkeley ferry aren’t dedicated by 2010, Measure 2 calls for them to be transferred to a different line. 

Studies by the WTA project a Berkeley ferry service that by 2025 would account for 1,700-1,800 passenger trips a day. Three-fourths of the passengers would arrive to the terminal by car, 56 percent would be commuters and most would live in Emeryville, North Berkeley, Albany and Kensington. The projections come from commuter surveys and computer models, Castleberry said. 

The models, which relied on land use data from the Association of Bay Area Governments, assumed that ferries would run every 30 minutes during peak hours, trips would take 28 minutes and fares would be $3.50 for a one way trip with a $2 parking fee. 

The projected subsidy for the Berkeley Ferry would be $4 per passenger per one way trip—about twice the per passenger subsidy given to AC Transit. 

Most of the projected ferry passengers would be current motorists, said Tony Bruzzone, Service and Operations Planning Manager for AC Transit. 

Measure 2 grants AC Transit the first option to run the ferry system and Bruzzone, who has previously worked with the WTA as a consultant, said AC Transit expected to exercise its option. 

The commissions are scheduled to hold a second joint meeting in March and then hold an official scoping session for the draft environmental impact report (EIR) over the summer. The draft EIR is due for review in the summer of 2006 and a final EIR is scheduled for the beginning of 2007. 

 

 




Council Considers Creeks, Historic House, Foothill Bridge: By MATTHEW ARTZ

Tuesday November 09, 2004

When the final gavel falls at Tuesday’s City Council meeting, a 21-foot high pedestrian footbridge could be coming to Hearst Avenue, new building guidelines could be in place on University Avenue, an architecturally significant cottage could be set for an expansion and a blueprint for revising the city’s 15-year-old creek law could be on the way for all of Berkeley.  

But the council has already postponed ruling on the bridge, creeks and University Avenue and a consensus won’t come easily. 

The issue of how to regulate the roughly 2,400 homes that are within 30 feet of an open creek or underground culvert remains, perhaps, the most hotly contested issue the council has faced this year. 

Creek supporters want restrictions on new construction strengthened, a group of homeowners wants them weakened and two proposed compromises for moving forward haven’t even made it to a vote. 

At the last meeting, two weeks ago, the homeowners’ group Neighbors on Urban Creeks said they were blind-sided by a last minute proposal from Mayor Tom Bates and councilmembers Linda Maio and Miriam Hawley that called for a task force to study creek issues. 

Now, with the backing of councilmembers Gordon Wozniak and Betty Olds, the group has proposed another plan. It will support an advisory committee on creeks if the council gives creek advocates and opponents the authority to appoint some of the committee members. 

“We want a guarantee that there is equal representation on the committee,” said Barbara Allen of Neighbors on Urban Creeks. 

Their proposal calls for creating a 12-member committee comprised of six members selected by Neighbors on Urban Creeks and six members appointed by different creek advocacy groups.  

The advisory committee would serve under the Planning and Public Works commissions and would be limited in scope to deliberating the current laws prohibiting new roofed development within 30 feet of a creek, the definition of a creek and whether culverts, which redirect creeks underground, should be regulated in the same way as creeks. 

Other issues would be farmed out to various city commissions, including the issue of whether property owners should be responsible for repairing and maintaining culverts on private property, which will be handled by the Public Works Commission. 

The compromise plan from Bates, Maio and Hawley would create a task force to review creek issues and make recommendations regarding the ordinance and city creek policies by May 2006. 

Juliet Lamont, a member of Friends of Five Creeks, favors the task force outlined in the Bates, Maio, Hawley plan, which she said offered a more “balanced approach” to dealing with creek issues. 

 

Jensen Cottage 

The council will consider an appeal to stop the proposed expansion of the Jensen Cottage. The home built in 1937 at 1650 La Vereda Road was designed by William Wurster, the architect for whom UC Berkeley’s Wurster Hall is named. 

Preservationists say that the home foreshadowed modernist designs that would become popular 15 to 20 years later and that the plan to increase the building’s size by about 65 percent would destroy its character. 

Last week they asked the Landmarks Preservation Commission to landmark the building, but Planning Manager Mark Rhoades said the petition arrived too late because the Zoning Adjustments Board had already approved the request to remodel the house. 

The house is owned by Marguerite Rossetto, the mother of Wired Magazine founder Louis Rossetto, who owns a nearby home. Louis Rossetto said that his mother decided to remodel the house so that it would include a first-floor bedroom. He said his mother feared that she could break her hip if she tripped while walking downstairs from her bedroom on the second floor. 

 

Foothill Bridge 

UC Berkeley’s 16-year campaign to build a bridge over Hearst Avenue also comes before the City Council Tuesday. 

The bridge, which would connect La Loma Dormitory on the north side of Hearst to the rest of the Foothill housing complex, requires a city encroachment waiver. On three separate occasions city leaders have indicated their opposition. 

But this time, the university has sweetened the pot. In return for the bridge, it is offering $200,000 in pedestrian improvements along Hearst and has promised not to build a bridge until the city’s Design Review Commission approves the plan. Commissioners have unanimously rejected the current drawings. 

UC Planner David Mandel said the bridge, which was part of the original design for the residential community, is needed to improve pedestrian safety and to make La Loma accessible for disabled students. UC has already spent $600,000 on its attempts to win the permit and plans to spend another $600,000 to build the bridge. 

Currently no disabled student lives in La Loma, which is located on a steep gradient that requires a wheelchair user to take a half-mile route around the Greek Theater to get from the dormitory to the dining commons. Without the bridge, Mandel said, the university would be susceptible to a claim under the Americans With Disability Acts that its facilities were not accessible. 

But as in years past, the project faces opposition from several neighbors. Jim Sharp, who lives a few blocks from the proposed bridge, criticized what he said was university encroachment onto the north-side of campus, referring to the bridge as UC Berkeley’s “Arc de Triomphe.” 

In May, the Public Works Commission voted 6-2 to oppose the plan. The commission found that the $200,000 offer was insufficient and questioned if disabled students would chose to live in La Loma anyway because of its hillside location. 

The university is hoping for a strong student turnout at Tuesday’s meeting. Last week, the UC Residence Hall Assembly sponsored a pizza party to rally support among students. 

 

University Avenue 

A new set of zoning regulations for University Avenue could be approved Tuesday. 

PlanBerkeley.org, a group organized around building on University Avenue, is asking the council to remove one section of the new rules that would allow for residential-only buildings. 

The incentive for developers to build residential only structures, they say, comes from a state law that grants developers of projects more space if they include a certain percentage of affordable housing units. Since the added density is based on residential space, they fear, developers would opt for the residential-only model. 

Stephen Wollmer of PlanBerkeley.org predicted that with the added density bonus, the residential-only buildings which are zoned to be no taller than three stories could rise to five stories. 

Gene Poschman, a planning commissioner, is backing the group’s claim. Last month, he submitted a report to the council showing that residential-only buildings on University Avenue would be over 90 percent larger than in other parts of the city. After receiving the report, the council voted to hold off approving the new zoning rules until city staff responded. 

Poschman and PlanBerkeley.org proposed reducing the amount of lot space a new building can cover, so that when a developer applies for the bonus space, it fills out the lot instead of potentially adding two stories on top of the building. 

That proposal runs counter to the directives of the University Avenue Strategic Plan, according to a staff report from Planning Manager Mark Rhoades. According to the report, added building setbacks would run counter to the strategic plan and “result in gaps in the development fabric of the avenue.” 

At its last meeting, the Planning Commission voted 5-4 against conducting another study of residential-only buildings. 

 


Private ‘Priority’ Vote Alarms Open Meeting Advocates: By MATTHEW ARTZ

Tuesday November 09, 2004

Two statewide organizations that advocate for a transparent political process are split over whether a request for Berkeley city councilmembers to vote on budgetary priorities in private violates state law. 

Councilmember Kriss Worthington raised concerns to both the California First Amendment Coalition (CFAC), based in San Rafael, and Californians Aware, based in Sacramento, that the city manager’s request that councilmembers “vote” by fax on city budget priorities violated the Brown Act. 

The law requires that all legislative votes be done in public and that the residents are given notice of the scheduled vote. 

“If the council wants the confidence of the people of Berkeley, they should not be voting in secret,” said Worthington, who argued that the priority setting amounted to a legislative action by the council. 

Priority setting is one of the most important actions undertaken by the council, said Worthington, because it sets the framework for the upcoming budget.  

The priority list serves as a general directive to department heads as they start to plan their budgets, said Deputy City Manager Lisa Caronna. 

The council is not always asked to set priorities before the budget cycle. Worthington said the city manager’s office last made a similar request several years ago when he and Councilmember Maudelle Shirek refused to comply because they believed it was illegal. 

Siding with Worthington is Peter Scheer, executive director of the California First Amendment Coalition. Scheer said he thought voting on priorities amounted to legislative action, even though it might be “a close call” under the Brown Act. He recommended the City Council set priorities at a properly noticed public meeting where the public has a chance to participate via public comment. 

Although Scheer said his group might not have the resources to pursue a complaint, he added that if a court voided the process for the selection of priorities, the city’s final budget would be subject to legal challenge. 

However, Terry Francke of Californians Aware, a political watchdog group that supports open government, said that he thinks that the city manager’s request, while it shouldn’t have used the word “vote,” likely would stand up in court. 

Francke interpreted ranking budget priorities as a “preliminary ranking that would make real deliberation possible.” 

If the city ranked the options at a public meeting, Francke said it could take hours to complete the process. 

“It doesn’t seem like a terribly good use of everyone’s time,” he said.  

To be legal under the Brown Act, Francke said the city would have to publish the rankings from each council member, which City Attorney Manuela Albuquerque said the city planned to do. 

“It’s a completely open public process and no action will take place except at the council meeting,” she said. Albuquerque said the vote to set priorities was not a violation of the open meeting law. 

Although the directions to council members said the rankings would be tallied and presented at Tuesday’s City Council meeting, Caronna said the tally has been postponed until next week to give staff time to receive and process the rankings. In retrospect Caronna said she wished she had used a word other than “vote” in the directive to council members. “There probably was a better way to phrase it,” she said. 

w


McLaughlin Wins Seat on Richmond Council: By J. DOUGLAS ALLEN-TAYLOR

Tuesday November 09, 2004

Faced with a still-precarious city budget situation and uncertainty over the direction of city waterfront development, Richmond voters last Tuesday re-elected virtually the same City Council that created the situation, with one notable exception: newcomer Gayle McLaughlin. 

McLaughlin said her election demonstrated that “the voters wanted somebody with principles and ethics and they wanted somebody who brought a fresh perspective.” 

Out of 15 candidates running for five at-large council seats, Richmond re-elected three incumbents (Tom Butt, Mindell Penn, and Nat Bates), one former city councilmember who voluntarily gave up his Council seat to run for mayor three years ago (John Marquez) and McLaughlin. One councilmember, first-termer Gary Bell, was defeated and another councilmember, Charles Belcher, chose not to run for re-election. 

Missing the cut by a little over a thousand votes was Andrés Soto, who was the target of several last-minute hit-piece mailings sent out under the name of the Richmond Firefighters’ Association. Soto and winning newcomer Gayle McLaughlin ran as endorsed candidates of the Richmond Progressive Alliance (RPA). McLaughlin, who was one of the co-founders of RPA along with Soto (whom she called her “colleague”) and several other individuals, said the organization “has brought together many different groups from different backgrounds, including Greens, progressive Democrats, Peace and Freedomers, some Libertarians. It’s a unified progressive group whose purpose is to educate and facilitate progressive discussion, as well as to endorse candidates.” 

McLaughlin said she was able to “fly under the radar” of the hit pieces because, “apparently, [the groups putting out the hit pieces] didn’t realize how much support I had among the base. That was their error, I guess, to my gain.” 

She said that despite the fact that so many incumbents were returned to City Council, the election demonstrated that Richmond voters wanted a change.  

“The majority of voters cast votes for new people, but because there were so many new people, it got diluted over so many of the challengers,” she said. “Those incumbents that did win put a lot of money into their campaigns, and bombarded voters with mailers, circulars. I think, unfortunately, the voters need to be educated further to make sure they know who is the right kind of change to have. But clearly the people in Richmond were so fed up with the incumbents and with the state of the city that they were looking out for new people, and it took the kind of campaign that we ran to engage them.” 

Asked what she expects to accomplish when she takes office in January, McLaughlin said that “because I am the only independent progressive voice on the council at this point, I will pretty much be doing resistance. We don’t expect to be able to put forth the full program that we want to until there are more progressives on council.” 

She said that the RPA expects to be running another slate of candidates in 2006. 

As for what she will be fighting for, McLaughlin said that among other things, “the utility users tax cap should be removed. And I will push for pollution regulation and an environmental justice ordinance. But because most of the council will still be in the hands of corporations and mega-developers, it will be an uphill battle.” 

Veteran Councilmember Tom Butt, who garnered the most votes last week in his re-election bid, said “Probably the biggest surprise in the election was that McLaughlin won and that (incumbent) Gary Bell didn’t. I just would not have anticipated those results.” 

Butt said he thought it helped McLaughlin that she was not a target of the city’s usual last-minute hit pieces, “but that can’t explain it all. Anyway, I’m glad to see it. I’m looking forward to working with her. She shares a lot of the same political things that I have. Of all the people on the council, I’m probably closest to her political interests than anybody.” 

Butt defined those interests as “environmental issues, planning issues, getting away from influences of industry and developers and large business and doing what’s right for the neighborhoods.” 

Richmond voters also decided to limit the nine-member City Council to 7 members, effective November 2008. 

Meanwhile, the Nov. 3 election did provide some financial relief for Richmond, as city voters easily approved a 0.5 percent sales tax increase for use in the city’s general fund with nearly 60 percent of the vote, and state voters approved Proposition 1A, a measure designed to limit the state’s raiding of city revenue sources. 

Richmond’s city finances hit bottom earlier this year with projections of a $21.3 million per year structural deficit and widespread rumors that the city might have to declare bankruptcy. Since then, according to City Finance Director Pat Samsell, the council did “yeoman’s work” in cutting the deficit, including a series of layoffs and position eliminations that cut 40 percent of the city’s general fund budgeted workforce, and dropping the city’s general fund budget from $114 million in fiscal year 2003-04 to $96.8 million in 2004-05. In addition, the city’s labor unions are currently voting on negotiated givebacks that could save the city even more. 

But in debates leading up to last week’s elections, council opponents continually pointed out that it was the current council that got the city in its fiscal difficulties in the first place. And Samsell cautioned that while Richmond was currently “over the major fiscal hump,” maintaining that position was dependent on the newly-elected council maintaining fiscal discipline. “They still have to be fiscally conservative,” he said. 

According Councilmember Butt, however, Richmond’s budget “is still a disaster” despite substantial progress made by the Council and City Manager Phil Batchelor last year in attacking the city’s fiscal problems.  

Butt said that assertions that Richmond has balanced its budget are only true if you leave out revenues still owed from years past. 

“[The city’s finance department] has said that we have a balanced budget for this year,” Butt said. “But that’s only because there were some one-time revenues cranked into it. I think we’re getting close to being able to adopt a balanced budget in future years without having to go to one-time revenues to do it, but my understanding is that we still have a cumulative deficit that’s going to keep rolling forward of somewhere between $18 million to $28 million, and that needs to be addressed. And until we deal with that, as far as I can tell, we don’t have a balanced budget.” 

A major revenue source the city is looking towards to close the cumulative deficit is the sale of publicly-owned land at Point Molate, on the Richmond waterfront. The city is considering two offers. One, from Berkeley developer James D. Levine and his Upstream Investments, comes with plans to turn it into a casino resort complex. The other, from ChevronTexaco, which wants the land for a security buffer for its refinery. Either offer would bring millions to the city. Councilmember Butt says he expects that issue to be resolved by the lame duck council before the end of the year, but if it doesn’t, the Point Molate decision will almost certainly be one of the first orders of business for the new City Council when it meets in January. 

McLaughlin said that the vote on the property should be put off, and not just until the new council is sworn in. 

“I hold the position that neither of these proposals should be taken,” she said, “but that we should hold onto Point Molate as public property until the right development comes along. We should keep most of it open space. And that was my position throughout the campaign.”›


Owner of Oregon Street House Says Property Not Troubled: By J. DOUGLAS ALLEN-TAYLOR

Tuesday November 09, 2004

The owner of an Oregon Street property where one UC student collapsed and later died—and where several student tenants were later arrested on drug dealing and illegal weapons charges—has called a meeting with neighbors of the property to hear their concerns about the incident. 

“I decided that being a good neighbor, a concerned neighbor, and a former resident of the neighborhood, that I wanted to hear those concerns,” said Cynthia LeBlanc, chief academic officer of the West Contra Costa Unified School District, who once lived at the Oregon Street property in the mid-1980s. “I think we share a common interest. We all want to make sure that we have stable, respectable persons in our neighborhood. My commitment is to do whatever I need to do to make that happen. That has always been my commitment.” 

In the immediate aftermath of the death and arrests two weeks ago, neighbors had called the two-house complex between Shattuck Avenue and Fulton Street a “problem property” that had been the subject of “several complaints” to LeBlanc about “problem tenants” for several years predating the tenancy of the arrested students. They accused LeBlanc of being nonresponsive, and said they were working on getting her to sell the property. 

All of the neighbors have asked not to be identified. 

LeBlanc called the charges untrue. 

“I don’t know on what basis they made that statement [about my being non-responsive],” she said “but I guess one of the things I’m trying to demonstrate—as I’ve always tried to demonstrate—is that once I’m called, I do respond. I’m not aware of any situation either where I was called directly or if they contacted the property management company and we did not respond. There are no outstanding complaints that I’m aware of. Absolutely none.” 

The Oregon Street property is managed by Bert Realty of Oakland. 

LeBlanc said that she has gone back through her records and the records of the realty company, and said she has found “very few complaints. I never have had an eviction there until this time, in my recollection. I’ve always had occupants of that property that are respectable. All of the occupants have always been thoroughly screened.” 

LeBlanc said that immediately upon hearing of the death and arrests, she evicted the four student tenants living in the two houses on the property. 

A neighbor who has been invited to the LeBlanc meeting says at least for now, she is satisfied with the progress that is being made in clearing up the problems at the property. “She sent someone down to clean up the property,” the neighbor said. In addition, a ramshackle shed behind the back cottage has been torn down.  

“I think that Cynthia is really trying,” she said, adding that “things have calmed down a little bit” in terms of the neighbors’ concerns.  

As for the incident that vaulted the Oregon Street property into the news, LeBlanc said that she was “totally surprised and upset” by the incident, and “very concerned. Certainly, I regret the loss of any life, for any reason. I was totally, totally unaware of anything that was occurring on that property. I had absolutely no knowledge. And once I found out, I took immediate action to stabilize the situation and to bring a sense of security to the situation there as best I could within the parameters I had.” 

The four roommates at the two-house complex have all pleaded innocent to the drug dealing and weapons charges, and will appear in Superior Court in Oakland on Dec. 8 to set a date for a preliminary hearing. In the meantime, law enforcement officials are still trying to determine the cause of death of UC Berkeley senior Patrick McCann, whose collapse and death led to the police raid on the property. McCann had illegal drugs in his system when he died.


Richmond Council to Consider Pt. Molate Offers: By RICHARD BRENNEMAN

Tuesday November 09, 2004

Battling bids for Point Molate, a choice piece of city-owned waterfront property sought by two rival suitors, will once again confront the Richmond City Council Tuesday. 

The two offers were to be discussed during a 9 a.m. executive session, then again when the council holds its public meeting starting at 7 p.m. 

The item is carried on the council agenda as “Consider approving one of the two following proposals for Point Molate,” and the council could either adopt one of the proposals or continue the discussion to yet another meeting.  

ChevronTexaco, Richmond’s largest industry and principal employer, wants the site as a security buffer, and would restrict uses to industrial and associated commercial uses. 

Berkeley developer James D. Levine has teamed his Upstream Point Molate corporation with the world’s largest gambling firm and a Native American tribe to offer the city a super resort with hotels, high-end shopping and a massive casino.  

Levine’s consortium has offered a $20 million down payment, with an additional $2 million a year for the following 15 years. 

In addition, the Guidiville Rancheria band of Pomo tribespeople, who would own the site as a reservation, has agreed to compensate the city for required city services at the rate of an additional $8 million a year for the first eight years after gambling operations commence and $10 million annually thereafter. 

Other promised payments could bring the proceeds even higher—though approval for a casino is anything but certain. 

Chevron offers a $50 million payment as early as Dec. 23, another $5 million within ten days of signing to fund new jobs in the city, plus a special tax assessment of $1 million per year for 25 years as payments in lieu of property taxes, “though I expect there will also be some type of regular property taxes, too,” said a corporate spokesperson. 

The refinery also agrees to take the land on an “as is” basis. 

The offer also gives the city long-term use of a valuable 25-acre tract commercial/industry tract near the Richmond marina. 

Both developers promise parks and Bay Trail easements.  


Planning Commission Looks at Parking, Landmarks Ordinance: By RICHARD BRENNEMAN

Tuesday November 09, 2004

Members of Berkeley’s Planning Commission are scheduled to discuss two controversial issues Wednesday—revisions to the city Landmarks Ordinance and proposed changes to commercial parking regulations—and may discuss a third. 

Discussion of the third topic depends on what the City Council does Tuesday night to move forward any of the various proposals for a new creeks ordinance. 

The planners will discuss how the council’s action, if any, will impact future commission actions. 

The session begins at 7 p.m. at the North Berkeley Senior Center, 1901 Hearst Ave. 

 

—Richard Brenneman


Letters to the Editor

Tuesday November 09, 2004

VOTING MOTIVES 

Editors, Daily Planet 

Maybe I was naively uninformed, but I didn’t know that Karen Hemphill was African-American (Rivera, Selawsky Appear to Hold on to School Board Seats,” Daily Planet, Nov. 5-8). I hope she runs again. Next time it should be without a campaign manager who attributes anti-African-American motives to a portion of us voters who supported a different candidate. 

Bob Gable 

 

• 

ADDRESSING THE FACTS 

Editors, Daily Planet: 

Now that the inevitable epithets and marginalizing has occurred perhaps we can address the facts. On behalf of the South Berkeley Crime Prevention Council, others and myself made numerous contacts with the Drop-in Center and City staff months before I considered entering the race for District 3. As usual, we were trying to resolve issues before they got worse and prevent crime and violence in our community. 

Let’s be perfectly clear, I never stated a position on homeless services. What I did illustrate was the error of only using anecdotal evidence as opposed to thorough assessment of all competing interest and program effectiveness in the allocation of public funds. I also commented on obvious inequities between South Berkeley and the rest of the city. 

Contrary to Sally Zinman statements in her letter defending the Drop-in Center, I spoke with her face-to face at the City Council meeting she refers to. In the spring, I discussed the lack of oversight of this nonprofit with directors of Berkeley Mental Health departments. I also dialoged with Drop-in Center volunteers at the South Berkeley Budget Forum when they advocated for refunding, the same volunteers who publicly admitted they needed police help to keep out the dealers from ducking into the Center to avoid detection. These overtures mostly fell on deaf ears, and this summer we saw increased crime and violence along Adeline. 

Why is it that Ms. Zinman cannot be fair and admit the Center has failed to maintain good relations with their neighbors, sufficiently supervise their operations or comply with the conditions of their use permit? Agreements made 10 years ago specifically to avoid this kind of disregard. 

Why is it that compassion is not a two-way street, that arrogance and name-calling is the standard for civic engagement in Berkeley? This tactics are central to the dysfunction of our city politics. 

Get beyond it and get real! 

Laura Menard 

 

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ABSENTEE BALLOTS 

Editors, Daily Planet: 

The absentee ballots that we requested well before the deadline did not arrive by Oct. 29. We were leaving town for five days so we went down to Berkeley City Hall on the 29th to vote because we have cast ballots there before. We were very surprised to learn that we could not vote at City Hall. We were given a slip of paper that gave us driving instructions via the freeway to the Alameda County Courthouse on Oakland’s Lake Merritt. No instructions for public transportation were offered. Berkeley promotes the use of public transportation and its access facilities cause many differently abled people, elderly people and students to reside in Berkeley and use public transportation. I wonder how many people who rely on public transport were unable to vote and I wonder who made the decision to require Berkeley citizens to travel to Oakland to cast a ballot? We were told by the Alameda County Registrars Office on the 29th that our ballots had been mailed on Friday, Oct. 29, but we were allowed to vote a full regular ballot on a court house machine rather than a provisional partial ballot. The absentee ballots were not in our mailbox when we returned to Berkeley on Nov. 3. I wonder if they will ever arrive? I trust that the Daily Planet will urge the Berkeley City Council to work on behalf of Berkeley citizens to be certain that we can cast ballots in Berkeley. 

Sally Williams 

 

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RAISING MORALE 

Editors, Daily Planet: 

I cannot refrain from thanking Becky O’Malley, and profusely so, for her brilliant piece “Second Guessing the Voters Again” (Daily Planet, Nov. 5-8). Nothing has helped more to raise my battered morale after the recent election: She has razor-sharp understanding and a sense of humor to boot. May the Daily Planet enjoy a long and vigorous life!  

Bruce Nalezny 

 

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XXXXXXXXXX 

Editors, Daily Planet: 

I have not seen Becky O’Malley this animated in her contributions in a long time. Unfortunately her opinion of “we are smarter than you” thing does not cut it. There is good reason why our system works not just for Berkeley but for the whole country whose aggregate wisdom I personally trust more than our provincial interests. On another asides Doug is actually right about these Diebold ballot systems. Being a programmer I cannot see how we can have absolute transparency unless we have access to the source code in the gizmos. 

Steve Pardee 

 

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Editors, Daily Planet: 

I would like to respond to Nancy Feinstein’s commentary “Defeat of Tax Measures Favors Individuals, Not Common Good (Daily Planet, Nov. 5-8).”  

First, I think she should not assume everyone who voted against Measures J,K,L do not care about our community and social services. I am so appreciate to live in a city that cares about the disabled, the environment, and social services that I don’t mind supporting our community services through my property taxes each year. I actually voted for some of the measures but what motivated me to draw the line and say no to others was finances. Maybe Nancy needs to expand her mind and take a look at what is going on in this city. It is so expensive to live here! I want to keep my house and continue to live in Berkeley. I don’t think our council fully appreciates the fact that people of color are leaving this city because they cannot afford to live here, a large population lives on fixed incomes, and some seniors are losing their homes. If council has to make hard decisions on the budget-good! To hit up Berkeley residents time and again for money is irresponsible. We elect our councilmembers to handle tough issues not pass the buck-literally! 

T. Michai Freeman 

 

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Editors, Daily Planet:  

Nancy Feinstein condemns the “no new tax” votes of “business owners, professionals and whoever else trying to make a living in whatever ways they do”. 

I am one of those “whoever else” people. I live in Berkeley, pay property taxes in Berkeley, and have raised two sons in Berkeley. I am also a BASTA! volunteer, who cares about services, schools and libraries. None of the above makes me uncaring or (God forbid!) a Republican. 

Instead, I and others understood the issues at hand. We want to be able to see our grown children stay in a city that has become more and more unfriendly to homeowners. I laud the response that other Berkeley citizens showed at the polls, and will continue to fight irresponsible government. 

As for the libraries: of course they are important, but if Ms. Feinstein would look at the numbers she would see that they are among the most generously funded of all city programs, but still are unable to live within their means.  

The band of BASTA! volunteers was outspent by the Mayor and his friends 7:1. Yet, the taxpayers understood the truth of our message. They are sick and tired of irresponsible wage/benefit packages, and 51+ commissions that continue to have staff, but serve little or no purpose. What we must now do is convince the mayor and council that it can no longer be business as usual. To this end, we must all work together. 

Miriam Wilson  

 

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XXXXXXXXXX 

Editors, Daily Planet: 

Are the Berkeley citizens who voted no on the local tax measures selfish neo-Bushies as Nancy Feinstein who have it or sophisticated city budget watchers as Barbara Gilbert believes (“City’s Failed Tax Measures: Mourning Vs. Morning After,” Daily Planet, Nov 5-8)? I would propose a third category: the practical bill-payers. To parse this further, there’s the homeowner who just paid the county property tax and wonders how to manage the rest of her obligations. Then there’s the property owner who still has the bill on his desk and wonders how to pay it before the penalty deadline of Dec. 10 and the tenants who know that tax increases will be passed on to them. 

In this recession, people are strapped for cash: low wage earners, the unemployed, the retired, the part-timers, the sick and disabled. And guess what, such working class folk and people on fixed incomes actually own property in Berkeley. Wealthier owners who bought their houses at more recent higher prices and thought they could afford the mortgage have discovered the added expenses of property maintenance. 

I would submit that people voted no simply to control the spending side of their household budgets, and that’s neither selfish nor sophisticated, it’s responsible. 

Toni Mester 

 

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HONORING BROWER AND THE EARTH 

Editors, Daily Planet: 

I recently heard that the Berkeley Arts Commission voted in favor of the sculpture that was made as a memorial to David Brower. I’m glad that the sculpture will be in Berkeley since this is where Brower lived and worked for so many years.  

I haven’t seen the sculpture but know that its basically is a huge globe, (45 feet in diameter), with a figure of Brower walking over it. Besides its size, it seems that the design has stirred up some controversy because the figure meant to be Brower can be interpreted as a white man setting out to dominate the world, rather than protect its fragile natural elements. An alternative offered by the artist, is to have Brower sitting on a bench looking at the world.  

While I think the bench alternative is an improvement, I’d like to suggest a third alternative that I think David Brower would be likely to have approved of. My suggestion is to leave the human figure out of the sculpture all together. Brower worked hard over his long life because he loved, and cared for the Earth. What better memorial could there be to him than to honor the Earth by showing it as a simple and beautiful globe, with his name and something about his dedicated work, inscribed on a memorial plaque?  

I think Brower might see a human figure, no matter where the placement, as out of scale next to the globe of the Earth. While it seems that the world is getting smaller and smaller because of our human technical abilities, in part it is still the experience of contrast in physical scale between the Earth and one individual human that allows us to feel the awesome power and beauty of nature that Brower loved so much.  

Fran Segal  

 

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MANDATE ME NOT 

Editors, Daily Planet: 

Fifty-one percent Bush/Cheney. Forty-eight percent Kerry/Edwards. An election too close to call till the morning after. One hundred fifty thousand Ohio votes away from President Kerry. Despite these slim margins and a deeply divided electorate, President Bush maintains he has a mandate and has earned “political capital” which he intends to “spend.” Excuse me, but a 3 percent margin of victory does not a mandate make. Nor does it provide a blank check to steamroll radical right political and moral agendas through Congress and into the classrooms, living rooms, bedrooms and wombs of everyday Americans. Bush clearly intends to do so, and unless we, the 48 percent who opposed Bush, remain vigilant and continue the struggle, there will be little political will in Washington to stop him from injecting religious fervor into legislation. This will result in a society where beliefs are dictated by Biblically backed laws and one’s moral decisions usurped by legislation mirroring religious doctrines. The foundations of this country (personal choice, dissent, and tolerance for differences) are under attack and, for the sake of our individual freedoms, I hope we do not let our energies of passionate opposition dissipate into contented acceptance of an election lost. 

Shu-Jon Mao 

 

• 

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Editors, Daily Planet: 

John Kenyon’s article on viewless apartments and the huge effect Patrick Kennedy’s Panoramic Interests is having on transforming Berkeley’s downtown and near-downtown served to remind me of how deeply Kennedy’s work and influence offends me for another reason (“Viewless Apartments Mar Buildings of Distinction,” Daily Planet, Nov. 5-8). 

I was not aware of the issue of viewlessness. But I have been particularly angered at his method of winning approval by holding out the promise of arts venues incorporated into some of his buildings, while finally offering unimproved raw concrete space that cash-starved arts groups could never afford to develop and use. 

I am forced by the location of the latest outrage, the Fine Arts Building on lower Shattuck, to walk, drive or bike by it several times a week and it positively makes me seethe! Some find the architecture itself or the building’s pistachio and stainless steel facade reason enough to dislike it. But for me the problem lies in the cruel irony of its “suggestion” of a cinema tower on the corner and—far worse!—an actual marquee...used to advertise vacancies, not upcoming movies! (Kennedy had, of course, at the outset of the project promised a new theater, art gallery, etc., and evidently managed to convince Keith Arnold, the proprietor of the movie house, not to oppose his plans.) 

Readers of the Daily Planet may recall an article this July by Richard Brenneman on the “death of the Fine Arts Cinema” which by then had been acknowledged as inevitable. He quoted Leslie Landberg (daughter of the original Fine Arts Cinema’s co-founder): “Anyone who crunched the numbers would’ve realized it wouldn’t work....It’s the same thing that happened with the Shotgun Players and the Gaia Building. Kennedy just uses these people for PR, then puts them over a barrel to say, ‘this is a done deal’. But somehow it never is.” 

I don’t know if he got any density bonuses for the Fine Arts, the way he did with the Gaia. I sure hope not. The only thing of which I am sure is that he’s making out like the proverbial bandit—and our community is left robbed of arts space that could have been or, even more bittersweet, was and will never be again. 

And to add insult to injury: we’ll live for the life of the building with the symbol of what we lost. 

Is this guy a piece of work, or what? 

Donna Mickleson 

 

• 

XXXXXXXXXX 

Editors, Daily Planet: 

Ken Bullock’s review of Sarah Ruhl’s Eurydice, performed by the Berkeley Repertory Theater, while certainly well-written, makes an ironic and critical mistake. The well-researched review misses the many compelling and emotionally engaging meanings of the play. According to Tony Taccone, Artistic Director of the BRT, Sarah Ruhl’s work “say(s) something about the world we live in” “through metaphor.” This magical synthesis of set, lighting, script and direction (as well as the strong presence of the cast), delivered an innovative transformation from classic to essential contemporary theater experience. 

By shifting the center of this classic tale to from Orpheus (musician who is driven to reunite with his dead lover) to Eurydice (a clever woman with a cherished deceased father), Ruhl gives us a version that is both surprising and heart warming. Not old-school feminism at all, but rather a Neo-feminist rendition, the play extends to its audience a refreshing tenderness and creative devotion between daughter and father. This critical human relationship, depicted so well through Sarah’s delicate language, is expressed with great eloquence through the simple metaphors of water, light, rebirth and death.  

Eurydice (Maria Dizzia) is eased into the underworld through the breaking of silence, the telling of stories and the “creation of a spiritual home ” by her father (Charles Shaw Robinson). The Father enters the world of the silent stones in a ritualized suicide after her disappearance from the Underworld. As Eurydice duplicates this sad choice, the enduring devotion between parent and adult-child hangs in the air of the shimmering set. The aqua light, the sound and sight of water both amplifies and comforts our grief for them.  

But there is more! So much more that sadly Bullock’s review missed: the charming allure of the Nasty Interesting & Lord of the Underworld whom Eurydice tricks and escapes not once but twice! And the subtle failure of her relationship and marriage to Orpheus to inspire a strong and enduring connection.  

By expecting that the play have the same emphasis as the many renditions Bullock so tediously recounts in his review, Mr. Bullock’s eye was perhaps a bit dull and insensitive to the many meanings of this innovative and enjoyable work of theater.  

Michelle T. Clinton 

Richmond 

 

• 

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Editors, Daily Planet: 

It seems the Daily Planet failed in “Covering the [Entire] World of Berkeley” in its post-election edition, particularly in Becky O’Malley’s editorial. Hard as it may be to stomach, there are actually those of us in Berkeley who are proud, delighted, and relieved that President Bush was elected * again. We’re not evil right wing religious zealots (a neighbor’s definition). We’re not stupid backwoods rednecks. We’re not war mongers, homophobes, or oil barons. And we’re not geographically misplaced voters. We are, in fact, Berkeley natives (i.e., “indigenous peoples”). Some of us attend church, some of us don’t. We are products of Berkeley’s public and parochial schools; we even attended UC Berkeley. We are old, young, and middle-aged. We are Democrats and Republicans. 

Our views of life and the world and our place in them (i.e., our “phony moral values,” according to Ms. O’Malley) are as sacred to us as the “real” moral values spewed at us for the past 40 years on Berkeley’s streets, from its church pulpits, in our schools, on the campus, and in publications like the Planet. We’ve listened, we’ve discussed, we’ve been patient, we’ve fought back. Our views, tested through time and experience, have remained precious to us, even through repeated personal and public ridicule and condemnation by those among us who claim moral, intellectual, social, and religious superiority as well as a monopoly on practicing tolerance and understanding justice.  

Believe it or not, Ms. O’Malley, some of us are even stupid enough to prefer Disneyland to the annual embarrassment of the How Berkeley Can You Be parade. 

Congratulations on a second term, Mr. Bush! 

Jeanne Gray Loughman 

 

• 

AMERICA WON 

Editors, Daily Planet: 

President Bush is truly a great leader. We will be safe for the next four years with Bush leading the way to world peace. 

The liberals, the United Nations, and the Europeans are crying because Bush will not allow any of them to veto our ability to fight for freedom and liberty. 

Long live President Bush! 

Sidney Steinberg 

 

• 

XXXXXXXXXX 

Editors, Daily Planet: 

There’s the little business of the presidential election process itself. It entailed a lack of a paper trail, screens that incorrectly recorded votes for a different candidate, systems crashing, inadequate staffing (for just one day!), absentee forms disappearing or not delivered, Diebold’s statement that he’d do anything to elect Bush, continued disenfranchisement, and numerous other “voter irregularities.” It adds up to a more finessed effort than in 2000 with the same result.  

Consider this: A national movement to pledge to boycott the 2008 presidential election until and unless the election process is cleaned up. At this point, there’s nothing left to lose. Consider not cooperating with the corruption of a democratic bedrock. More than anything, the government needs the façade of democracy. That façade can be challenged by a time honored nonviolent action, the boycott.  

Let’s take heart from Native Americans and African Americans, among others, who fight on despite all odds.  

Maris Arnold  

 

• 

XXXXXXXXXX 

Editors, Daily Planet: 

In the barrage of last minute get out the vote ‘robo-calls’ —from Loni Hancock, Barbara Lee, Eli Paraiser of MoveOn.org, etc.—definitely the strangest was the recording from Jerry Brown warning me of the 25,000 criminals that would be released from prison if the moderate three-strikes rollback, Prop. 66, were passed. (I’ve read elsewhere that this was false.) How far we’ve come when our own “Gov. Moonbeam”, who’s father stood against the death penalty at the risk of losing his own governorship, which he did, and who supposedly represents our enlightened California mindset, could come this far. Joining Arnold and former Gov. Pete Wilson, he helped defeat this attempt to correct the excesses of three-strikes. How sad. He must be running for some new office, possibly attorney general? 

Chris Gilbert 

 

?



What’s A Little Stealing, Among Family?: By SUSAN PARKER

COLUMN
Tuesday November 09, 2004

After my husband’s accident, when he was transferred to Kaiser’s Redwood City Neurology Department, I was told not to leave valuables in his room. I was warned again when Ralph was sent to Kaiser’s Vallejo Rehabilitation Center. 

I’ve heard it many times since, in and around the dozens of hospital rooms Ralph has occupied in the past 10 years. “Remove all personal belongings,” a nurse will advise. “You never know who might come in and take from the sick and suffering.” 

But pilfering has not been a problem during our hospitals stays. It’s when we come home that the trouble begins. Lost, missing, and unaccounted for items and cash have become the norm in our daily life. It started with the first person we hired to help with Ralph’s care. A middle-aged man answered our ad for a live-in attendant. 

He arrived by bus carrying a small paper bag filled with his belongings and a resume that claimed he was a theology student. Back then, I relied on things like work histories and references to make hiring decisions. It was before I realized that recommendations from “friends” of the applicant meant virtually nothing, and a resume was simply a piece of paper with words on it. 

The “theologist” lasted three days in our employment before it became evident that he could not make a sandwich for himself, let alone help Ralph out of bed. I sent him packing with his belongings, too stressed to notice that he left with three paper bags instead of his original one.  

But I didn’t care. What importance were possessions when my husband was wrestling with the fact that he would never use his arms or legs again? 

That first experience of theft under our roof was only the beginning of a long, painful indoctrination into what I have decided is the fine line between stealing and sharing, the trade-off I am willing to make in order to get care for my husband, and respite for me.  

I’ve lost count of how many helpers we have had in the past 10 years, and I refuse to inventory the missing items, or count up the amount of vanished cash. It would only serve to make me depressed and question my sanity. Others who have been in our position will understand the dilemma, and those who do not, well, bless you for being so lucky.  

One of the after effects of a traumatic accident like Ralph’s is adjusting ones values and morals to a different set of codes in order to survive. We now exist on the marginal edges of society. It’s where we fit in best. Ralph and I have learned to compromise, modify, concede and negotiate for his right to get up in the morning, for my right to get out of the house. It has not been easy, but it has worked. 

When my deceased grandmother’s gold watch went missing, I blamed myself for leaving it on a bureau, in plain sight of anyone who might walk by. When money disappeared from my purse, I knew I needed to be more careful. When checks were cashed that we didn’t write, I had to have them canceled. 

I once caught an attendant with his hand in my wallet. “What are you doing?” I asked. “Your money was falling out,” he said. “I’m putting it back for you.” “Thank you,” I answered. 

Recently a credit card company called to warn that unusual purchases had been made with my Chevron card. “Like what?” I asked. “Two full tanks of gas were purchased at the same time about an hour ago,” they said. “And twelve BabyRuth candy bars were also bought with the card.” 

“Don’t cancel the card,” I said. “It’s a family kind of thing.”  

When our employee/housemate returned home in time to help me get Ralph ready for an appointment, I asked him if he had gotten gas for our car.  

“Of course,” he said. “You left it empty.”  

“You wouldn’t happen to have a BabyRuth on you, would you?” I asked.  

“Why yes,” he said, pulling one from his pocket to share with me. “How’d you guess?” 

“No reason,” I said. “But if you’ve got more, I’d like two.” 

 

 

 


Election 2004: The Day After: By OSHA NEUMANN

COMMENTARY
Tuesday November 09, 2004

10:25 a.m. Cinnamon calls. She has hepatitis C and diabetes. She is hard of hearing, and lives in a coffin size space above a garage. She is worried about whether she will be able to get a real apartment with her five cats. She also is having a problem with a raccoon who is stealing the cat food. The raccoon is very aggressive and even climbs up the ladder into her loft. She is also worried about her daughter, who lives in Sacramento and was busted for amphetamines. She will be out of jail in December, but will come out without anything. She has lost custody of her children and will be homeless. Cinnamon called just to say hello and to hear a kind voice. 

 

11:15 a.m. I’m in the car on the way to get a cup of tea, I listen to Kerry’s concession speech calling for unity and healing, and I’m furious. What is he talking about? We should just forget Iraq? The dying and the dead? The flag draped coffins? The despair of our cities? The melting of the polar icecaps? It’s as if for him the election was an intramural touch football game, after which both sides can go out for a beer. This is no time for unity. It’s the beginning of a life-and-death struggle. Fuck him. 

 

12:00 noon. At the Nomad café. Coffee drinkers occupy every burnished steel table. Their laptops are open in front of them. So it was yesterday, and so it will be tomorrow. The waitress is wearing a knit sweater, because it’s cold. The sky has clouded over and gone gray.  

 

1:30 p.m. At the east end of the People’s Park, a police officer is ticketing the belongings of homeless people that have been left unattended. Sparks walks up with a bag of chips, and curses. He’d only been gone a few minutes and now he has a ticket. I remind him that he has court at 3:30 p.m. 

 

3:30 p.m. Sparks shows up in Berkeley traffic court, for trial on a citation he received for panhandling at the freeway off ramp at Gilman street. The Highway Patrol officer who gave him a ticket is a woman in her late thirties. She’s in her tan uniform, with her pant legs tucked into knee high black boots. She describes for the court, driving by, seeing Sparks standing with a sign, stopping, and giving him the ticket. And then she says that he was very pleasant and polite, and that he was not one of the regulars whom she sees over and over again, and that she would not at all mind if the court reduced the fine. Commissioner Rantzman, smiles and asks whether she is making a motion to dismiss. She says that whatever the court would like to do would be O.K. with her. Commissioner Rantzman looks over at us and says that given yesterday’s events, he doubts that there will be much compassionate conservatism coming out of Washington and therefore he feels it would be appropriate to exercise some here today. And he dismisses the ticket. And I thank the court and the officer and walk out thinking all is not lost, that we will still find good in unexpected places. 

 

6:00 p.m. I take the BART train to San Francisco and join a march up Market Street from Powell, led by drummers pounding away in the back of a flatbed truck. The bullhorns blare the familiar chants: “Free Free Palestine.” “The People United Will Never Be Defeated.” “End the Occupation.” A person holds up a big sign saying “9/11 was an inside job.” Another: “He never was my president and he never will be.” And then there’s the one that most succinctly expresses my feelings: “Fuck this.” The night is cool but it has stopped raining. There are perhaps 2,000 of us. We stop briefly for a rally at the Mission police station, then head down Van Ness to 24th Street and Mission. I thought it would be good to be with kindred spirits and to demonstrate that the struggle will continue. But by the time the march ends, I’m tired, and have to pee rather badly, and as an effigy of Bush is burned in the intersection, and the police put on their helmets, I realize it all feels very very old. I’ve done this too many times, and our march seems such an inadequate response to the enormity of what has happened.  

 

I know without a doubt that at this very moment great waves of depression are sweeping through the left. And we will be urged, with the optimism that is mandatory for engaged people, not to give in to despair, to organize; to attend where-do-we-go-from-here conferences, to escalate our activism, to participate in more protest marches, to remain active, engaged, connected. This is as it should be. But we will all feel a sinking feeling that nothing we do seems to matter; that they are out of control, that they are more powerful than ever. Just for tonight, I choose not to turn away from that feeling. I admit that I imagine making an internal migration. It would be nice to tend my private garden, to give more time to art, to writing, and to family. For this evening I pause to acknowledge the depth of the catastrophe, before moving on.  

 

Osha Neumann is a Berkeley-based atttorney. A version of this story was published by AlterNet.›


Another Stolen Election: By JAMES K. SAYRE

COMMENTARY
Tuesday November 09, 2004

The exit polls that showed a sweeping victory for Sen. Kerry on Nov. 2 were right. Unfortunately, the 2004 presidential election was cleanly stolen by Bush & Co. How, you say? With the help of Diebold, ES&S, Sequoia and SAIC, four interlocked secretive right-wing electronic voting machine manufacturers. We have entrusted the most important election task, that of actually counting and tabulating the vote totals to extremist organizations with secret proprietary vote-counting computer software with no auditable paper trail for hand recounts. How very convenient, how very clean, how very slick and with all the evidence of election rigging is buried deep on their computer hard drives. 

Sen. Kerry won a landslide victory by between two million and five million votes. The pre-election public opinion polls pointed to a large and growing Kerry election day majority and the election day exit polls also indicated a Kerry victory. Unfortunately, theocratic extremely right-wing computer election machine manufacturing corporations were in charge of “counting” the votes of millions and millions of Americans. Some how, a few million Kerry votes didn’t get counted and a few million bogus Bush votes showed up in the final election tallies and voila, a Bush “victory.” 

Democracy in 21st century America has been kidnapped and destroyed by extreme right-wing control of the new secret computerized electronic vote counting systems. Verifiable hand-counted paper ballots are the only way to restore legitimate elections in America.  

Just search the Internet for any terms such as “black box voting,” “Max Cleland,” “Diebold,” “Sequoia,” “SE&S,” “Greg Palast,” “election fraud” or “election theft” and you will find a wealth of information to help arm you in the coming fight to restore legitimate free elections and democracy in our country. 

In 2002, the Republican Party staged their test run of controlling the new Diebold computerized paper-trail-free electronic voting systems that were installed in every precinct in the State of Georgia. It worked like a charm. Two popular Democratic incumbents, the Gov. Roy Barnes and Sen. Max Cleland, were both “defeated” by Republican challengers. The Democrats were both ahead by several points in both the pre-election voter opinion polls and in the election day exit polls, yet the Diebold voting machines declared the two Republican challengers as winners. The local media claimed to be “amazed” by this election “upset.” 

They should have been horrified and outraged. These elections were stolen electronically. There was no paper trail, no recount was possible and for good measure, Diebold Corporation “accidentally erased” the disputed 2002 election returns data from their computer hard disk drives a few days after the election. How convenient, how clean, how slick and how crooked is Republican election theft in the 21st century. 

The 2000 and 2004 presidential elections were both stolen by Bush & Co. The 2008 and 2012 presidential elections will suffer the same fate unless we institute a complete and total return to traditional, verifiable hand-counted paper election ballots.  

The Republican Party will never lose another presidential election as long as we allow their corporate buddies to “count” our votes in secret.  

 

James K. Sayre is an Oakland resident. 

3


Election Day in Colorado: By BOB BURNETT

COMMENTARY
Tuesday November 09, 2004

7 a.m. on election morning found me trudging through the frozen streets of Boulder, Colo. to the county Democratic headquarters. Twelve hours later, having dispatched hundreds of volunteers to Boulder and the surrounding counties, I helped shut down the office and then gleefully proceeded to the “victory” party. I thought we had won; the information we received during the day suggested that Kerry would carry Colorado and win overall. 

Alas, I was mistaken. Kerry did win in Boulder, and most of the counties that our office covered, but he lost crucial Jefferson county, and the state. My experience paralleled that of Democratic volunteers in other swing states: we worked hard, registered many new voters, cajoled the undecided, mobilized a massive turnout, and we still lost. 

What can be learned from this experience? Two lessons immediately jump out. One is that the underlying theme of this election was not the war in Iraq or the economy, but rather values. Exit polls asked voters what the decisive issue was in determining their vote. The most frequently cited issue was “moral values.” Of those who felt this way, 80 percent voted for Bush. The importance of values also explains what seems on the surface to be a contradictory poll result: voters who believed that “terrorism” was the most important issue voted overwhelmingly for Bush—86 percent, his strongest issue—but those who believed that “Iraq” was the most important issue preferred Kerry. My experience interviewing republicans indicated that they saw the war against Terrorism as a moral conflict, and therefore viewed Bush as more capable of leading this fight because “He’s a Christian.” Republicans separated the war in Iraq from the war on terrorism. Their attitude seems to be that we are losing the battle in Iraq but we will win the war, the crusade against terrorism, because George Bush is a strong Christian leader. 

The Kerry campaign was never successful in seizing the values “turf.” Part of this failure can be attributed to the scurrilous “Swift boat” campaign, which convinced many voters that Kerry was a person of poor moral character. This perception was reinforced by the Republican theme that Kerry was a “flip-flopper.” Taken together, these assaults had an enormous impact. The exit polls showed that Bush dominated Kerry on character issues such as “honest/trustworthy,’ “clear stand on issue,” and “strong leader.” 

The religious right fully mobilized and grew in power in this election. Of those who attend church at least weekly, 61 percent voted for Bush (Protestants were at 70 percent.) Christian conservatives relentlessly pushed their issues: prohibition of abortion and gay marriage. For this audience, these issues were paramount. I had born-again friends who disapproved of Bush’s conduct of the war in Iraq and his handling of the economy, but still voted for him because he was against abortion and gay marriage. 

Kerry lost in Colorado but Democratic Senatorial candidate Ken Salazar won. Salazar ran a socially conservative campaign: he was for a constitutional amendment banning gay marriage and against federal funding for abortions. Salazar beat Republican Pete Coors because, in the eyes of many religious conservatives, Salazar was seen as having the better moral character. 

The second lesson to be learned from this bitter defeat is that Democrats were out-organized. Democrats raised a lot of money, and put up a valiant get-out-the-vote effort here in Colorado and other swing states, but the Republicans raised more money and did equally well getting out the vote. While 89 percent of Democrats voted for Kerry, 93 percent of Republicans voted for Bush. That four percent difference decided the election. (Rather than garner a substantial majority of independent voters, Kerry attracted 49 percent versus Bush’s 48 percent.)  

I got deeply enough involved in the Colorado Democratic get-out-the vote effort that I saw evidence of systemic problems. For example, there was an indigenous Kerry campaign here, before the Democratic National Committee (DNC) got involved. Once the DNC determined that Colorado was going to be a swing state, they sent in political operatives and money. In most counties the DNC involvement was heavy handed; they seized control of the Kerry campaign and treated the locals like peons. (Fortunately, this was not true in Boulder, where the DNC folks and the Boulder Dems worked effectively together.) 

When I was waging technology battles in Silicon Valley I learned the lesson that while it is important to work hard, it is even more important to work smart. Democrats in Boulder County worked hard and they worked smart. I don’t believe this was true in the rest of the state. 

On Nov. 3 I participated in a post-mortem with my new Boulder friends. We were sad, but hopeful. The group agreed that we could build upon our Boulder accomplishments and pledged to fight on. Interestingly, we all believed that the long-term future of the Democratic Party rests with Barack Obama. When he runs for president, in 2012 or 2016, Democrats have to have our act together. If we start work now, we will be able to ensure this. 

 

Bob Burnett is working on a book about the Christian Right.›


Defeat of Tax Measures Favors Individuals, Not Common Good: By NANCY FEINSTEIN

COMMENTARY
Tuesday November 09, 2004

Berkeley, what are we seeing about ourselves this morning? Many of us woke up this morning feeling a deep depression about the state of our country, especially as we absorbed the vast numbers of people who supported the arrogant, self-serving, mean spiri ted leadership of our president. I, like many others in Berkeley, felt marginalized in my perspectives about everything from international policy and national priorities to individual and social concerns. But when I look at my own community, I see some of the same trends that I see in the national results. I am heart sick at the defeat of Measures J, K, L and M—which would have paid for youth programs, libraries, police, fire and other front-line services. In the decision to save those of us who might hav e had to spend a few hundred dollars a year, from having to spend those dollars, I see a community that is trying to “protect” individuals at the cost of our commonwealth. Sound familiar?  

In Berkeley, like many other places all over, many of us feel mor e pressed financially than we felt five years ago as well as more worried about our childrens’ future and the future of the world. And when I look at the local election results, I see us responding to our fears, by doing exactly what Republicans have been trying to make us do in response to our fears, i.e. think about how each one of us can take care of “me and mine” better (the first step of which is always to tighten our own pocketbooks). The Republicans want us to turn away from believing that what wi ll take care of each of us, is to do whatever it takes to make our communities stronger—whether they be local, national, or international communities. They want us to turn away from those who argue that we need to increase our generosity with each other d uring hard times, rather than accept a scarcity model that has us holding on, for dear life, to our individual piece of “security.” 

But it is strong community, and a sense that people will come forward to take care of each other, (each and every one of u s) in hard times, that gives people a real sense of security, as well as a hope in humanity and the world. It is continuing to invest in community—especially in the hard times—that will help our children not feel as afraid to inherit the world they are gr owing up in. It is not solutions that imply that we should watch out because our civil servants are incompetent, or trying to milk us, that truly help our children, (or any of us for that matter), to feel less afraid.  

There are segments of our community, who have become increasingly proud of themselves simply because they are willing to not feel “pressured” to toe what they consider to be the Berkeley “correct” line. These segments have begun to associate “integrity” with being the person who is willing to fiercely stand up to another segment of our community—rather than to define integrity as that part in each of us that enables us to do what is difficult to do as an individual, because we understand that it is in the service of the common good to do s o (emphasis on “in the service of the common good”).  

And what does it mean, anyway, to join the Right in pointing the finger at government, or civil servants for our problems? It is government; our elected representatives and civil servants who spend th eir every working hour trying to serve the public good. We are pointing our fingers at the non-profit entities in our communities—e.g. libraries for heavens sake, as the source of problems and pressures we are each feeling. I am sure that there are inefficiencies in government, and that there are things that are not perfect in the ways that money is spent in government. (These are problems one finds in the private sector as well). But I look at our city representatives and civil servants as the people in our community who most have to deal with the economic and social disparities of our town. It is 

they who are devoting their work lives to trying to deal with some of the trickiest challenges facing our society, (including representing the will of supposed ly one of the most progressive communities in the country). Could the people who backed BASTA—the people in those businesses and associations do these jobs better? Whether or not they could, they are not the ones who have chosen to devote their lives to t rying. They are business owners, professionals, and whoever else, trying to make a living in whatever ways they do. But they are not dealing with the limited resources and growing needs of our community as a whole. 

Shame on those of us who have voted dow n raising our taxes to support city services; the city’s request of us that we tighten our individual belts to enable our Berkeley to hold on to our community values. In this moment of history, with Bush and the Republicans pushing the public to believe t hat the problems we are experiencing are caused by government and will be alleviated if we cut taxes, what does it mean that we, in Berkeley, find people in our midst making the same arguments. And what does it mean that we, in Berkeley, supported those v oices? In the wake of the tax cuts many of us have received from the Republican-controlled congress, their unfunded mandates and cuts to all kinds of human services, what does it mean that we feel that we cannot raise our local taxes? 

When each of us, wh ether we voted for, or against these measures, feels depressed and incredulous at the support for Bush and his administration throughout this country, let us look to what we need to do to change the dynamics within our own community. Let us prepare for th e next election in which the same needs will be there, and the same arguments will be made against putting any more of “our own money” to meet the needs. Let us prepare to answer even the argument that it is not worth giving any more money to our city government services until the city gets rid of all its efficiency problems. 

Our children deserve to see this community of adults as role models of generosity, role models of knowing the importance to our own sanity, and even world peace, of our taking care of “the other,” and asserting a public priority on serving every member in our community. Our children deserve to believe that it is possible to live together in community without believing that in order to meet individual needs we have to close our eyes to the needs of the community as a whole. Let us show them that “go it alone” and “take care of ourselves” are not every American’s reaction to hard times.  

 

Nancy Feinstein is a North Berkeley resident. 

 

 




Note From the Trenches: By TEDDY MILLER

COMMENTARY
Tuesday November 09, 2004

Like at least half the nation, I woke up Nov. 3 stunned with the dreadful news that Kerry had conceded Ohio and Bush had somehow managed to carry the nation despite extensive organizing and united efforts by the left to change the course of our country. Leaving Ohio on the long trek home to Berkeley, the Kerry/Edwards lawn signs were tattered along the side of the Ronald Reagan highway here in Cincinnati, Ohio, and my Mazda wore its “Nothing Accomplished” bumper-sticker as a badge of defiance. Despite our failure to carry Southern Ohio, there are tremendously important lessons to extract from the past few weeks of our Get Out The Vote efforts, and we need to begin planning now to make the 2006 mid-terms a true turning point for our country. 

We always knew that Ohio was going to be one of the most pivotal states in the 2004 election, and there was no other place I would rather be in the weeks leading up to the election. Of the plethora of 527’s working in Ohio, I landed a job with MoveOn PAC’s Leave No Voter Behind campaign, and I drove 2,700 miles across the country to begin pouring my heart and soul into this grassroots effort to get every democrat out to the polls in the Cincinnati metropolitan area. 

Our office started early and ended late, working seven days a week, 14 to 19 hours a day. We made thousands of calls, we trained hundreds of volunteers, we organized canvassing operations in precincts with high numbers of Democrats with spotty voting records. Ultimately, our office of twelve organizers managed to motivate almost 9,000 Democrats to get out to the polls. Coupled with the intense registration and mobilization efforts of America Coming Together, VoteMob, and other progressive groups, we managed to make 2004 a net loss for Bush and Cheney in Southern Ohio and we almost changed the fate of the nation. The question we are all asking ourselves now is: how will we improve our efforts so that by 2006 we will translate the outpouring of support and enthusiasm into a truly grassroots movement with serious legs of its own. 

One useful way to consider the disparate groups is what they each bring to the table. MoveOn PAC, for example, came up with a brilliant web-based interface that allowed any Joe Citizen to come in off the street, get a password, and immediately start canvassing his own neighborhood. This allowed for regular folks to participate in the campaign in a meaningful way at their convenience. Generally, once they realized the tangible effect their efforts were going to have on the outcome of the race, they poured more and more of their energy into the campaign. 

America Coming Together put together a fantastic operation and registered hundreds of thousands of extra voters. The AFL/CIO component gave them considerable organizational capacity and after a year of work on the ground their local knowledge held tremendous potential to translate into a Kerry landslide. 

Other 527’s put together equally laudable efforts, but ultimately we failed to translate the enormous preparations into adequate numbers of real voters on election day. One huge short-coming was a lack of coordination between the various Get Out The Vote efforts. Our office ended up wasting a considerable amount of our efforts in precincts that were already being covered by A.C.T., while other needy precincts were neglected because of a failure to identify and target swing neighborhoods in earlier phases of the campaign. 

Beyond these coordination issues which can easily be remedied through cooperation between the designers of these campaigns, there is the fundamental issue of progressives playing to their strengths. The Republicans have proven that they have perfected mobilizing their core constituents in getting to the polls. The correct response is not to abandon our principles and cater to the hollow “family values” message that has lulled so many Christian Americans to effectively sign their own death sentences, voting against their economic and moral interests to support corporate warmongers. No, the correct response is to reach out and provide a truly responsive and tangible political apparatus to the tens of millions of working poor who are alienated by the American political system. The Republicans may have evangelicals, but we have Black Baptists, Universalists, Quakers, progressive Catholics, and interpreters of the Bible who are compelled by Christ’s emphasis on social justice and peace.  The Republicans may have the N.R.A., but we’ve got A.C.O.R.N., the Sierra Club, N.O.W., and hundreds of community-based groups just waiting to be mobilized. 

We need to recognize that despite the disappointing results of the 2004 Election, the vast majority of the country wants fiscal responsibility, environmental sustainability, and to fulfill the simple obligation that we leave our world better off for the next generation. The coming calamity of the Bush administration’s short-sighted foreign and domestic policies may soon be manifest in a catastrophic economic collapse, and (God-forbid) another 9/11-scale attack. As progressives, we need to be prepared to rebuild our country and we cannot depend on the Democratic Leadership Council to mark the path out of the miasma they’ve created by catering to the dwindling center. 

The onus is now on the people of this country to take our country back, and we need to use our own tools (MoveOn, ACT, VoteMob, Dean’s Democracy For America, not the DNC) to grab the reins of our this nation and get our country back on track. 

 

Teddy Miller, a Berkeley High and UC Berkeley graduate, received a graduate degree in development studies from the London School of Economics this year. He headed for Cincinnati, Ohio to work on the presidential election for MoveOn PAC as a team leader. He had passed the Foreign Service exam, intending to work to help President Kerry recover the United States' damaged image abroad, but now intends to go to law school in the fall and continue work for success in the mid-term elections in 2006.›


Minority Report: By IAN HART

COMMENTARY
Tuesday November 09, 2004

It has all the makings of a party: chips, pizza, beer, bourbon, a projection screen and an amp. The mood, however, is dour at Berkeley’s Graduate School of Public Policy.  

This decision has yet to be made, but optimism is grossly lacking among the 80 students and friends have gathered to watch the election. Florida’s not even close. Ohio’s not looking close enough. The popular vote is skewing Bush, the enlarged U.S. map is cloaking the school building in red, and glum faces reflect the realization that regardless of who wins, we left-coasters are in the minority. 

The first W win was easier to stomach. Lefties maintained a sense of superiority – after all we had the popular vote, and if you threw Nader on top of the pile, the country was clearly on our side. In 2000 Democrats and liberals responded with a brazen assault of satire and sarcasm. They painted Bush as an idiot, a talking monkey on the Vice President’s lap. We bathed in glow of the Saturday Night Live sketches. “See America?” we thought. “See what an idiot our president is?” 

Two years later, the “Democrat majority” lost the Senate, bucking a longstanding trend of the sitting president’s party losing Congressional seats in mid-term elections. The “Democrat Majority” responded with kooky e-mail forwards. We used 9-11 to explain away the Senate shift. We made dates for Bowling for Columbine. “See America?” we pleaded. “See how your president is manipulating you?” 

Four months later, the United States invaded Iraq under a reactionary premise of preemption. The “Democrat Majority” took to the streets in San Francisco, Boston, New York, and Chicago. We signed on-line petitions. We petitioned our city councils to pass a resolution opposing the war. We got on the bandwagon of a Democrat unknown called Governor Dean. And we started donating a whole bunch of money. “See America?” we shouted. “See what a force we can be?” 

A year later, Governor Dean imploded. We jumped horses to another New Englander, Senator Kerry. We started hearing about the Republican war chest. We started hearing about Republican tampering with the voter registration process. The “Democrat Majority” donated in record amounts. We got on buses and airplanes. We registered voters. We exposed fraud. We filed lawsuits. “See America?” we pounded. “See these compassionate conservative values?” 

Election Day 2004 is drawing to a close, and regardless of who wins tonight (or whenever this election will be decided), the “Democrat Majority” has been made plainly aware that it is in the minority. We from Boston, from New York, from D.C., from California, who have gathered in Berkeley, are coming out of a cocoon we have built out of satirical articles, liberal documentaries, and wishful thinking. There is a big, red country staring us in the face, and it doesn’t believe in gun control, gay rights, or a woman’s right to choose.  

Regardless of who wins tonight, the new “Democrat Minority” needs to wake up tomorrow and smell the country. From Idaho to Florida, the country does not see eye-to-eye with the blue states. The challenge of the Democrat Minority, and the challenge that I and my classmates face, is one of showing America what we believe this country can, and should be. The challenge cannot be met by Kerry’s vague “plan.” It cannot be met by another e-mail forward. It certainly cannot be met by another Michael Moore movie.  

The challenge for conveying Democratic values on a majority Republican country is one of talking, of listening, and of fighting for what we believe in: civil liberties, health care for all, a clean environment, and a government that solves problems domestically and abroad. In six months, my classmates and I will be let loose from the People’s Republic of Berkeley. Some of us will be headed to red states. All of us will be faced with a nation of challenges. It is my hope that we will face those challenges head on, and not hide under a fresh pile of satire. 

 

Ian Hart is a masters student in public policy at UC Berkeley’s Goldman School.  

 


527s May Save Our Democracy: By JASON ALDERMAN

COMMENTARY
Tuesday November 09, 2004

Now that the election is over, there is sure to be a push from the White House to abolish the scourge of the 2004 election season—political 527 groups. Doing this, however, would be a serious mistake. 

Whether you like the results of Tuesday’s election o r not and whether you found the spate of negative television commercials aired by 527s despicable or informative, one thing is indisputable: 527s registered millions of new, previously disenfranchised voters and the casting of their ballots strengthened o ur democracy. 

As many people already know, 527 groups started growing in size and influence after passage of the 2002 McCain-Feingold campaign finance reform law that curtailed the campaign activities of political parties. Getting their name from the pro vision in the IRS code that governs them, 527s spent tens of 

millions of dollars registering new voters. 

Should 527s be given the credit for the record turnout of 120 million people who voted on Tuesday? 

There were many factors that helped create Tuesda y’s staggering turnout: deeply held beliefs about the war in Iraq, moral values, the economy and future threats of terrorism. But this does not tell the full story—there have always been great issues and stark choices before the American electorate. The V ietnam War, Watergate and sexual scandal were also motivating issues, but they never inspired the same level of voter participation. 

The difference this election was the role of catalyst that 527s played with marginal citizens. 527s groups sought out peo ple in this ‘unregistered class’ and brought them into the electoral fold. Through strong organizations, aggressive outreach and solid follow up by 527s, the unregistered added their names to the voting rolls and cast ballots for the first time. 

Many peo ple do not focus on the voter registration work of the 527s, but instead see only the unrelenting carpet-bombing of negative television ads that were unleashed by advocates of both presidential candidates. While these ads were often distasteful, to abolish 527s because of it would be shortsighted and unfair. 

America has always had negative political advertising (attack pamphlets were used against Abraham Lincoln) and we have always risen above it. Instead, what our country has truly been hampered by is elections in which only small segments of our population vote.  

For too long an ever-shrinking segment of America was voting and making choices for the rest of the country. Like a family meeting around the kitchen table that excludes half the clan, the p aucity of perspectives weakens the quality of the decisions made. 

For most of our country’s history, laws and harassment prevented some Americans from voting. Property requirements, poll taxes, literacy tests and outright bans on voting based upon gender or race made America a poorer nation. These institutional barriers have largely been removed, but America created a new invisible obstruction for itself that kept voters at home; rampant apathy caused by political leaders who failed to inspire those on t he margins.  

With President Bush reelected and a stronger Republican majority in Congress, there is certain to be an effort next January to choke off the funding sources for 527s. While the GOP was able to play a solid game of catch-up during this election cycle with their own 527s, it was Democrats who elevated this form of campaign strategy to an art form. Republicans may gain a slight partisan advantage if 527s are abolished or financially neutered, but it is our country that will be the real loser. 

It is far from certain if the voters signed up by 527s will vote again anytime soon. They need constant cajoling and inspiring in a way that apparatchiks from the two major parties were never able to do. It seems that only 527s and their legions of young people who look like and understand the disaffected can truly reach these voters on the fringes of our democracy. 

We know the American house of democracy stands far stronger with all of its citizens inside, even the disenfranchised. Until someone can fin d another way to bring these marginal voters into the process, the 527s offer our best hope at keeping them where they need to be: inside, with the rest of us. 

 

Jason Alderman is director of the Bay Area Center for Voting Research (www.votingresearch.org), a non-partisan think tank based in Berkeley.b


Letting Some Sunshine Into Berkeley’s Planning Process: By ZELDA BRONSTEIN

COMMENTARY
Tuesday November 09, 2004

On Sept. 24 the Daily Planet published my letter wondering why the Berkeley Planning Department’s website no longer lists notices of decision (NODs) resulting from the recent approval or disapproval of use permits by the Zoning Adjustments Board (ZAB). The department’s website has a heading, “Current Development Projects, Notices of Decision and City Council Appeals,” but neither NODs nor appeals to the City Council are actually posted.  

As I noted in September, public access to NODs is critical to the democratic planning process in Berkeley, since ZAB’s actions can be appealed for only 14 days after the notice of decision for a project has been formally issued.  

Fellow citizens: I just discovered, wholly by chance, that lists of current NODs and appeals to the council can be found on the website agenda of the City Council’s Agenda Committee, under the heading, “Land Use Matters.” Click on the heading to see the lists. As far as I can tell, these items have been posted in this fashion since last March.  

This is better than nothing but still problematic. The Agenda Committee agendas are usually posted by the city clerk on the Thursday afternoon prior to the committee's meeting. That means that an NOD that’s issued on a Friday won’t appear on the website until the following Thursday, eliminating seven precious days in which to prepare an appeal to the council.  

A city planning staff committed to citizen participation in planning decisions would make sure that important notices were widely disseminated in a timely manner. Announcements of NODs and council appeals should be posted on the Planning Department’s website as soon as they’re issued. Instead, these items are being squirreled away in an obscure spot with the public left in the dark. When I called the zoning office last September and asked about the missing NODs, the person who answered the phone said nothing about the Agenda Committee agenda.  

Citizens of Berkeley, supposedly one of the most democratic places on earth, deserve better. The question is, how do we get it?  

 

Zelda Bronstein is a former chair of the Berkeley Planning Commission. Ä


Starting on the Wrong Foot: By NEIGHBORS ON URBAN CREEKS

COMMENTARY
Tuesday November 09, 2004

Some 20 members of Neighbors on Urban Creeks attended the Oct. 19 City Council meeting determined to maintain our positive stance of preserving the environmental benefits of creeks without conflict with the reasonable enjoyment of our private property. We were hopeful of a supportive council response to the over 600 people who signed our petition, and the more than 125 people who subsequently sent in letters emphasizing that the task of revising the Ordinance should be given to the Planning Commission. We also had support for our position from nationally known planning and legal authorities who pointed out that the Creeks Ordinance involved land use issues and that legally they must be reviewed by the Planning Commission and from city staff.  

We were stunned to find out at the City Council meeting that Mayor Bates, and Councilmembers Hawley and Maio were sponsoring a so-called “compromise” proposal. We only found out about this proposal when members of other creek groups spoke about it during the public comment period. No one from Neighbors on Urban Creeks had even heard about it before then and other members of the council were just receiving it.  

One member of the group who sees themselves in opposition to Neighbors on Urban Creeks, handed one of our members a copy of the proposal. Mayor Bates stated the proposal was available on the web. However, this proposal was NOT available on the city’s agenda website where citizens would normally find material to be discussed at the council meeting. It was only available on the mayor’s website. The Bates-Maio-Hawley proposal is dated Oct. 18, but Councilmember Hawley said it was not finalized until the afternoon of Oct. 19. To date, no one has offered any explanation as to how and when this proposal was put together, and how it was distributed to some and not to others.  

The Creeks Ordinance is arguably the biggest land use matter confronting this city in decades. The city must understand that the owners of the 3,000 -plus properties citywide directly affected by this ordinance, many of whom have been long-time dedicated stewards of our creeks, demand a voice in determining our future. Instead of ensuring a balanced, cooperative process, the Bates-Maio-Hawley proposal gets everyone started on the wrong foot because: 1) owners of property directly affected by the ordinance are not guaranteed an equal, or even any, voice on the task force as each member of the council will appoint someone to the task force in December, after the election; 2) the Planning Commission is given a minor role since they have only one appointment to the task force which is not even required to be a commissioner, and review by the commission occurs after task force recommendations have been made; 3) public input is called-for after the task force has completed its work; 4) the all-important topics of financial responsibility for repair of culverts, the 30-foot set-back requirement, definition of a creek, and culverts as creeks are not specifically included for discussion; and 5) an adversarial environment is created from the beginning with the provision requiring that creek protections expire if revisions are not completed in one year. 

The alarmist language used by other creeks groups is inconsistent with their stated desire to work cooperatively on a task force with people who may not share their point of view. The Creeks Ordinance was first approved, and subsequently revised and discussed, with only these other creeks groups. In light of new information about how the ordinance actually affects people throughout this city, the council must correct that initial mistake by bringing the process of revising the ordinance out into the open where it can be examined by people representing many different views about what should be done. The Planning Commission is the best vehicle for doing that.  

Neighbors on Urban Creeks stands for a Creeks Ordinance that can be supported by everyone. While daylighting is a goal to be considered, daylighting the process of how we get there should not even be in question. Along with the fairness of giving an equal voice to those most affected, it is the very foundation of creating good public policy. Neighbors on Urban Creeks has written a proposal that guarantees that: different viewpoints, including those of property owners on culverted creeks and the stewards of open creeks on their properties, have an equal voice; an open process with public input when it counts most; a major role for the Planning Commission but also allows for full participation from the Public Works, Parks and Recreation and Community Environmental Advisory Commissions; the important topics of creek definition, setback, costs to property owners of enforcement, and city financial responsibility for the maintenance and repair of culverts will be addressed. Further, Neighbors on Urban Creeks predicts that the work in our proposed process can be completed at a lower cost to the city. We have placed this proposal on the agenda for all to see before the Nov. 9 City Council meeting through the sponsorship of Councilmembers Olds and Wozniak.  

Neighbors on Urban Creeks asks you to come to the meeting and help us forge a process that will create the kind of solution that everyone in Berkeley can support.  

 

Neighbors on Urban Creeks: Barbara Allen, Katherine Bowman, Diane Crowley, Shirley Dean, Genevieve Dreyfus, Cecilia Gaerlan, Vonnie Gurgin, Martha Jones, Jill Korte, Jerry Landis, Mischa Lorraine, Terry Mandel, Robin McDonnell, Miriam Ng, Jana Olson, Bob Schneider, Trudy Washburn


Don’t Even Try To Move Your Office in Berkeley: By PAUL GLUSMAN

COMMENTARY
Tuesday November 09, 2004

Mayor Bates’ proposals for (once again) more taxes to soothe the budgetary woes of the city have gone down in flames, and his response is, “I don’t think people fully understood what they were doing when they opposed taxes (Daily Planet, Nov. 5-8 p.18.).” Of course not. We’re all uneducated boobs in the city electorate who don’t know what’s best for us and who are unable to appreciate the magnitude of the goodness and mercy that our local government bestows upon us. I feel bad that I am such an ungrateful slob. I stay up at night worrying about such character defects. I even have asked for divine guidance to help me to understand what I am doing when I vote on local issues, but apparently it did not help my comprehension. I am so sorry I failed Mayor Bates and all his minions.  

Perhaps my failure in not fully understanding what I was doing when I voted against taxes had to with my reception at the Planning Department a little over one year ago when I tried to register a change of address for my law office. It was simple (or so I naively thought.) I was moving from one suite of professional offices into another suite, about 11 blocks away. I would register the change of address (which again, having recently fallen off a turnip truck and not fully understanding the wonderful service provided by this city ) I thought would take maybe 10-15 minutes and then I’d go off and have lunch with a friend. But no. First I filled out one form and handed it in. Then I waited for about 45 minutes until I was called to the desk again and handed another form to fill out. After that was filled out and another half-hour had passed I was given a third form to fill out, asking how much alcohol I planned to serve at my office, food preparation plans, what plans I had made for the influx of out-of-town visitors who would clog the local parking (would that it were true) what construction I was undertaking (none) and on and on and on. All the time the person “helping” me would move away to other things and disappear, necessitating me getting in back of the line again and again. When I asked why it was necessary to fill out so many forms of dubious pertinence at such length simply to move from one office suite to another and why I couldn’t be given all the forms at once so as to save some of the three hours this ordeal took, I was snidely told, “Well, you’re a lawyer, you figure it out.” Then, when it was over I got to stand in still another line to pay the City of Berkeley another $100 to compensate it for taking all this trouble on my account. I wrote and complained about the rude and demeaning way I was treated and never got an apology. 

And the thing is, even with all my skill and experience gained in 29 years of practicing law, I never did figure out why all this was necessary. I never figured out why the city was paying some rude flunky—as well as guaranteeing the pension of that flunky for life plus making sure the flunky had adequate medical coverage (while I have to pay for my own and am lucky to get it) -- to insult and be nasty to people who want to set up a business inside the City of Berkeley. I came within a few minutes of saying the hell with it, I’d move to El Cerrito or Oakland. I guess the mayor is correct: I don’t understand much. I had thought maybe it was a good idea to encourage business to locate here. I had thought that it would be great if the city maintained cordial relations with the people who worked here and lived here and from whom it wanted to extract ever more tax dollars. In the words of Steve Martin: “Naahhhh.” 

And here I was in the voting booth, a year later, my ability to understand such things being severely compromised, deciding whether my already bloated property and utility taxes should be further burdened so that I could make sure that Berkeley continued to provide services at such a high level as I’d experienced, and somehow I ended up voting no. 

Oh, please forgive me Mayor Bates. 

 

Paul Glusman is one of the Berkeley Daily Planet’s attorneys.


Festival Showcases Experimental and Documentary Films: By KEN BULLOCK

Special to the Planet
Tuesday November 09, 2004

The 20th annual Film Arts Foundation Festival Of Independent Cinema screens this weekend, Friday through Sunday, at San Francisco’s Roxie Cinema and Castro Theater, following a Thursday night gala at The Mighty Nightclub in the Design District. The festival features narrative, art, experimental and documentary films from around the world—including several by Berkeley and other East Bay filmmakers. 

Race is the Place, a 90-minute documentary by Rick Tejada-Flores and Ray Telles, both Emeryville residents whose film office is in Berkeley, shows at 10:15 p.m. Saturday at the Roxie. Race is the Place is an engrossing montage of old movie and cartoon footage with racial content (even grinning tourists learning to hula or cartoon animals playing Native America ns) intercut with interviews and performances featuring poets, performance artists and comedians whose art deals with this volatile theme, “the subject of the future,” as several of the artists put it. 

Included are African-American poet Amiri Baraka, who interprets poet John Keats’ “Truth is Beauty, Beauty is Truth” in light of activist and author W. E. B. DuBois: “To love Beauty, you must love the Truth”; Haunani Kay Trask, native Hawaiian poet and activist, saying white society “should be glad all this sorrow and anger is being channeled into art”; and Lalo Guerrero, “Father of Chicano Music,” doing Joyce Kilmer one better by singing, “I don’t think I will ever see/Many Chicanos on TV.” 

Many young performers and comedians of different ethnic backgroun ds also appear in the film, like San Francisco’s Shabaka, Northern California’s Culture Clash, Andy Bumatai (Filipino-Hawaiian-German: “In Hawaii, ethnic humor’s just called ‘humor’”), Kate Rigg (performing Asian-American ‘Trip-Hop’ on stage, intercut wit h the same rap on the street), Egyptian-American Ahmed Ahmed (“‘You’re a comedian? Say something funny’—‘Uh, I just graduated from flight school?’”)—and Danny Hoch (with his ludicrously funny tale of a cop, “and I’m whiter than he is,” trying to squeeze a n admission of ethnicity out of him to explain his “ghetto accent”). 

Literally a case of art holding up a mirror, Race is the Place documents those who would expose the fallacy articulated by author James Baldwin in an old interview clip: “White American s assume I live in a segregated society—they live in a segregated society but don’t know it, as I do.” 

Tina Naccache—a former Berkeley resident who for years hosted a weekly KPFA-FM Arabic music program—journeyed from Beirut to join her fellow filmmakers Erica Marcus and Hrabba Gunnarsdottir for the screening of their documentary, Alive in Limbo, which follows four Palestinian refugee children and one Lebanese child over a ten-year period, showing them coming of age in a camp near Beirut and near the Isr aeli-occupied zone in the south. Against the background of a rapidly-changing society, their world does not change very much. Alive in Limbo’s showing at the Castro 1:30 p.m. Sunday underscores the importance of the Festival to filmmakers: the level of at tendance will be the crucial factor deciding whether it will be screened on public television. It will also play at Berkeley’s La Peña Cultural Center in coming weeks.  

Berkeley resident Alfonso Alvarez—whose films “have screened in bars, backyards and B BQs around the world”—contributes his seven-minute Down on the Farm to Saturday’s 3:45 p.m. program Beyond Belief (“animated, experimental and narrative shorts”) at the Roxie. Shot and hand-processed at Phil Hoffman’s Film Farm near Toronto, Alvarez optic ally printed his edited black-and-white harvest footage onto color stock using color filters, displaying the range of techniques of the experimentalist—from lap dissolves to shifting film speeds, scratched emulsion to sunstrike and solarization and sunstrike to scratched emulsion, making a rhythmic equation between the rigors of farmwork and filmmaking. 

Other entries show faces and scenes familiar (if some only subliminally so) to Bay Area audiences: Adriano Bravo’s feature Tell It Like It Is, the music and struggle for recognition of Oakland blues singer-songwriter-organist Lady Margaret, 6 p. m. Sunday at the Castro; a feature drama on grafitti artists in The Mission (Quality of Life by Benjamin Morgan, 9:15 p. m. Friday, Roxie); Lexie Liban and Lidia Szajko’s documentary Girl Trouble of three female teenagers “entangled in the S.F. juvenile justice system”; the premiere of Clark Brigham’s feature tale of an artist’s secret return to San Francisco to solve the old mystery of his best friend’s murder—and the part played in it by his own father; or Liam Dalzell’s “post-911” Punjabi Cab, a glimpse at the city’s darker side through the eyes of Sikh taxi drivers (preceding Alive in Limbo, Castro, 1:30 p.m. Sunday). 

Film Arts Foundation has been supporting filmmaking and its distribution since 1976. From social-political documentary, through music films and narrative fiction to the personal art film, Film Arts Foundation has served as a bridge between general audiences and local artists, universal themes an d personal styles—getting it onto the screen. 

 

›


Arts Calendar

Tuesday November 09, 2004

TUESDAY, NOV. 9 

FILM 

Loose Ends: “Recent College Cinema” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

David Sedaris ”Strictly Speaking” at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $20-$38. 642-9988. www.calperfs.berkeley.edu 

“In the Name of Justice” a staged reading by Shotgun Players of a new translation of Albert Camus‚ “Les Justes” at 7:30 p.m. at The Ashby Stage, 1901 Ashby Ave. 841-6500.  

“Greek Art and Architecture in Italy” by Barbara A. Barletta, Prof. of Art History, Univ. of Florida, at 7:30 p.m. at the Archeological Research Facility, 2251 College Building, UC Campus. 415-338-1537. 

Ivan Eland discusses “The Empire Has No Clothes: U.S. Policy Exposed” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Ntozake Shange on “The Sweet Breath of Life: A Poetic Narrative of the African-American Family” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Joseph Fischer describes the “Story Cloths of Bali” at 7:30 p.m. at Easy Going Bookstore, 1385 Shattuck Ave. 843-3533. 

The Whole Note Poetry Series with Randy Fingland and Bert Glick at 7 p.m. at The Beanery, 2925 College Ave., near Ashby. 549-9093. 

MUSIC AND DANCE 

Molly’s Revenge, traditional music of Ireland, Scotland and england at 8 p.m. at Freight and Salvage Coffee House. Cost is $15.50- $16.50. 548-1761. www.freightandsalvage.org 

“Gigi’s Fabulous Adventure,” music inspired by myth and Taoism at 8 p.m. at Teance/ 

Celadon Fine Teas, 1111 Solano Ave. Tickets are $20, including tea samples. 524-1696. 

Cyril Guiraud and Dave Michel-Ruddy at 8 p.m. at Downtown. 649-3810. 

Jovino Santos Neto Trio at 8 and 10 p.m. Yoshi’s at Jack London Square. Cost is $10-$14. 238-9200. www.yoshis.com 

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

WEDNESDAY, NOV. 10 

THEATER 

Royal Court Theatre, “4.48 Psychosis,” by Sarah Kane. Wed. - Fri. at 8 p.m., Sat. at 2 and 8 p.m., and Sun. at 3 and 7 p.m., at Zellerbach Playhouse. Tickets are $65. 642-9988. www.calperfs.berkeley.edu 

FILM 

“O Primeiro Dia” in Portuguese with English subtitles at 7 p.m. in the CLAS Conference Room, 2334 Bowditch. 642-2088. 

Video Art: “Home, Home on the Range” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Cafe Poetry and open mic hosted by Kira Allen at 7:30 p.m. at La Peña. 849-2568. www.lapena.org 

Russell Banks introduces his political historical novel set in the U.S. and Liberia, “The Darling” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Don George, Global Editor of Lonely Planet, introduces “The Travel Book” at 7:30 p.m. at Easy Going Bookstore, 1385 Shattuck Ave. 843-3533. 

Thais Mazur reads from her new book “Warrior Mothers” at 7 p.m. at Belladonna, 2436 Sacramento St. 883-0600. www.belladonna.ws  

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 

MUSIC AND DANCE 

Wednesday Noon Concert, solo piano with Karen Rosenak at Hertz Hall, UC Campus. 642-4864. http://music.berkeley.edu 

Music for the Spirit with The Pacific Boy Choir Academy 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.  

Anthony Paule and Mz. Dee at 9 p.m. at Ashkenaz. Cost is $9. 525-5054. www.ashkenaz.com 

Matt Berkeley Group at 8 p.m. at Jupiter. 848-8277. 

Pete Muller at 8 p.m. at Freight and Salvage. Cost is $16.50-$17.50. 548-1761. www.freightandsalvage.org 

Lenka Dusilova, Company Car, Hazerfan at 8:30 p.m. at Blakes on Telegraph. Cost is $4. 848-0886. www.blakesontelegraph.com 

Cedar Walton Trio with Kenny Burrell at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sun. Cost is $12-$24. 238-9200. www.yoshis.com 

THURSDAY, NOV. 11 

EXHIBTION OPENINGS 

“I Was There: The Democratic National View” Photographs by Peter Stein documenting the political landscape in the United States in the early 1970s. Reception with comments by the artist at 4 p.m. at the Badè Museum, Pacific School of Religion, 1798 Scenic Ave. Exhibition runs through Nov. 18.  

THEATER 

“Ruthless” a musical parody of classic stories by the Mills College Players, through Sun. at 8 p.m. at Lisser Hall Theater, 5000 MacArthur Blvd., Oakland. Tickets are $5-$15. 636-7106. 

READINGS AND LECTURES 

“Minsk Connection” with Kala ArtsLink Fellow Tatiana Radsivilko at 7:30 p.m. at Kala Art Institute, 1060 Heinz Ave. 549-2977. www.kala.org 

Michael N. Nagler, UCB prof. emeritus describes “The Search for a Non-Violent Future” at 7:30 p.m. at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Floetry, a Spoken R-evolution of Word at 8 p.m. at La Peña. Cost is $7-$10. 849-2568. www.lapena.org 

Liza Featherstone describes “Selling Woman Short: The Landmark Battle for Workers’ Rights at Wal-Mart” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Word Beat Reading Series at 7 p.m. with featured readers Jerry Ferraz and M.A.C., at Mediterraneum Caffe, 2475 Telegraph Ave., near Dwight Way. 526-5985.  

MUSIC AND DANCE 

Laurie Anderson “End of the Moon” violin, electronics and spoken word at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $24-$46. 642-9988. www.calperfs.berkeley.edu 

Aza and Helené, North African music, at 8:30 p.m. at Ashkenaz. Cost is $10. 525-5054. www.ashkenaz.com 

The Bluehouse, Australian women’s trio, at 8 p.m. at Freight and Salvage. Cost is $15.50-$16.50. 548-1761. www.freightandsalvage.org 

Moot Davis with Pete Anderson at 9:30 p.m. at The Starry Plough. Cost is $8. 841-2082. www.starryplough.com 

Sebastien Lanson, solo jazz guitar, at 8 p.m. at Downtown. 649-3810. 

Kelly Takunda Orphan Project at 8 p.m. at Kimball’s East, 6005 Shellmound, Emeryville. Tickets are $10. 658-2555. www.kimballs.com 

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

Selector Series at 8 p.m. at Jupiter. 848-8277. 

FRIDAY, NOV. 12 

EXHIBITION OPENINGS 

Yuji Hiratsuka, prints. Reception from 6 to 8 p.m. at Schurman Fine Art Gallery, 1659 San Pablo Ave. Exhibition runs to Nov. 30. Gallery hours are Weds-Sat 2-6 p.m. and Sun 11 a.m. to 3 p.m. 524-0623. 

Yaqui Jewelery by NaNa Ping Reception at 6:30 p.m. at Gathering Tribes Gallery, 1573 Solano Ave. Through No. 14. 528-9038. 

FILM 

Cine Mexico: “That’s the Point” at 7 p.m. and “Tender Little Pumpkins” at 9:05 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

THEATER 

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 

Aurora Theatre “Emma” at 8 p.m. at 2081 Addison St. through Dec. 19. Tickets are $36. 843-4822. www.auroratheatre.org 

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

Black Repertory Theater, “Who’s Who in the Tough Love Game” a new play by Ishmael Reed. Fri. at 8 p.m., Sat. at 2:30 and 8 p.m., Sun. at 5 p.m. through Nov. 27. Tickets are $5-$20. 3201 Adeline St. 652-2120. 

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., and selected Sun., through Nov. 20. Tickets are $10-$15. 951 Pomona Ave., El Cerrito. 524-9132. www.ccct.org  

Impact Theatre, “Meanwhile, Back at the Super Lair” by Greg Kalleres, Thurs.-Sat. at 8 p.m. through Dec. 11, at La Val’s Subterranean Theater, 1834 Euclid. No show Nov. 25. Tickets are $10-$15. 464-4468. www.impacttheatre.com 

Junction Avenue Theatre Company “Tooth and Nail,” from South Africa with giant puppets by Heather Crow ,at 8 p.m. at Durham Studio Theater, UC Campus. 642-9925. http://theater.berkeley.edu 

Royal Court Theatre, “4.48 Psychosis,” by Sarah Kane. Fri. at 8 p.m., Sat. at 2 and 8 p.m., and Sun. at 3 and 7 p.m., at Zellerbach Playhouse. Tickets are $65. 642-9988. www.calperfs.berkeley.edu 

“Ruthless” a musical parody of classic stories by the Mills College Players, through Sun. at 8 p.m. at Lisser Hall Theater, 5000 MacArthur Blvd., Oakland. Tickets are $5-$15. 636-7106. 

READINGS AND LECTURES 

Readings from Kim Addonizio’s Poetry Workshops 7 p.m. at Temescal Cafe, 4920 Telegraph Ave., Oakland. 595-4102. 

A Celebration of our Anarchist Mothers, Lucy Parson, and Voltarine de Cleyre with authors Roxanne Dunbar-Ortiz and Barry Patemen at 7 p.m. at AK Press Warehouse, 674-A 23rd St., Oakland. 208-1700. www.akpress.org 

MUSIC AND DANCE 

Laurie Anderson “End of the Moon” violin, electronics and spoken word at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $24-$46. 642-9988. www.calperfs.berkeley.edu 

Contra Costa Chorale, New Millennium Strings Orchestra at 8 p.m. at Unitarian Universalist Church of Berkeley, 1 Lawson Road, Kensington. Tickets are $12-$15. 524-1861. ccchorale.org 

Rachmaninoff “Vespers” Sung in Church Slavic by University Chorus and Oakland Symphony Chorus at 8 p.m. at the Greek Orthodox Cathedral, 4700 Lincoln Rd. Tickets at $3-$10 in advance only. 207-4093. www.oaklandsymphonychorus.org 

Jazz in Fine Art at 8 p.m. at the Jazzschool. Cost is $15. 845-5373. www.jazzschool.com 

Above and Beyond A Hip Hop Dance Showcase at the Julia Morgan Theatre at 8 p.m. at Julia Morgan Center for the Arts. Tickets are $7-$17. 845-8542. www.juliamorgan.org 

O-Maya, International Hip-Hop Exchange at 8 p.m. at La Peña Cultural Center. Cost is $7-$10. 849-2568. www.lapena.org 

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

Roy Rogers & Norton Buffalo, guitar and harmonica duo, at 8 p.m. at Freight and Salvage. Cost is $21.50-$22.50. 548-1761. www.freightandsalvage.org 

Lee Waterman Quintet at 9 p.m. at Downtown. 649-3810.  

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

7th Direction, Golden Shoulders at 9:30 p.m. at The Starry Plough. Cost is $5. 841-2082. www.starryplough.com 

Submission Hold, Eskapo, Angry for Life, S.C.A. at 8 p.m. at 924 Gilman St. Cost is $6. 525-9926. 

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

Drink the Bleach, Bottom, Ghengis Khan at 9:30 p.m. at Blakes on Telegraph. Cost is $7. 848-0886. www.blakesontelegraph.com 

Anton Barbeau at the 1923 Teahouse at 8 p.m. Suggested donation of $5-$10. 644-2204. www.epicarts.org 

Grand Groovement at 8 p.m. at Jupiter. 848-8277. 

Cedar Walton Trio with Kenny Burrell at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sun. Cost is $12-$24. 238-9200. www.yoshis.com 

SATURDAY, NOV. 13 

CHILDREN 

“The Master Maid” a Word for Word performance in celebration of Children’s Book Week at 2 p.m. at Berkeley Central Library, 2090 Kittredge. 981-6223. 

EXHIBITION OPENINGS 

“Different People, Different Places” Paintings by Bernice R. Gross and Robert Wahrhaftig. Reception at 7 p.m. at Fourth Street Studio, 1717D Fourth St. Exhibition runs to Dec. 13. 527-0600. www.fourthstreetstudio.com 

“Neighborhood Convergence” New public art in Emeryville opening at 4 p.m. at the Powell St. undercrossing of I-80 at the Powell St./ 

Emeryville exit. www.unrulyimages.com/publicart/new/converge.jpg 

FILM 

Cine Mexico: “Wildflower” at 7 p.m. and “A Woman in Love” at 8:50 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

International Latino Film Festival “Una Revelación Cubana” at 7 p.m. at La Peña. Cost is $8. 849-2568. www.lapena.org 

READINGS AND LECTURES 

“Ballet, the Earth and the Pain of Being on the Ground” with photographer and sculptor Leonard Pitt, at 8 p.m. at Giorgi Art Gallery, 2911 Claremont Ave. Cost is $12. 848-1228. www.giorgigallery.com 

Ros McIntosh will read from her book “Live, Laugh & Learn” at 12:30 p.m. at the German Delicatessen, The Junket, in the El Cerrito Plaza, El Cerrito. 

MUSIC AND DANCE 

Javanese Gamelan and Dance at 8 p.m. at Hertz Hall, UC Campus. Tickets are $3-$10. 642-4864. http://music.berkeley.edu 

Trinity Chamber Concert with The Berkeley Saxophone Quartet, at 8 p.m. at Trinity Chapel, 2320 Dana St. Tickets are $8-$12. 549-3864. www.TrinityChamberConcerts.com 

Magnificat “A Due Voci Pari” at 8 p.m. at St. Mark’s Episcopal Church, Ellsworth and Bancroft. Tickets are $12-$25. 415-979-4500. www.magnificatbaroque.org 

Contra Costa Chorale, New Millennium Strings Orchestra at 5 p.m. at Northbrae Community Church, 941 The Alameda. Tickets are $12-$15. 524-1861. ccchorale.org 

Lang Lang, piano, at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $32-$56 available from 642-9988. www.calperfs.berkeley.edu 

Choreographers’ Performance Alliance with host Diane McKallip and performances by local dancers at 7:30 p.m. at Eighth Street Studios, 2525 Eighth St. Tickets are $10. 644-1788, ext. 2. 

Big City Improv at 8 p.m. at The Ashby Stage, Ashby Ave. Tickets are $15 at the door. 595-5597. www.ticketweb.com  

We the Planet Music and Activism Festival with The Roots, Mickey Hart, Third Eye Blind, at 7 p.m. at the Henry J. Kaiser Convention Center, Oakland. Workshops will be held during the day on how to get involved in your community. www.wetheplanet.org 

Jug Free America at 2 p.m. at Down Home Music, 10341 San Pablo Ave., El Cerrito. 525-2129. 

John “Buddy” Conner, Celebration of His Life and Music, with Robert Stewart Quartet, Calvin Keys Quartet, M.R.L.S. and The Buddy Conner Memorial Band at 1 p.m. at Yoshi’s, Jack London Square. Donation $10. 238-9200. 

Liz Carroll & John Doyle, Celtic fiddler and guitar duo, at 8 p.m. at Freight and Salvage. Cost is $18.50-$19.50. 548-1761. www.freightandsalvage.org 

Broun Fellinis at 8 p.m. at the Jazzschool. Cost is $15. 845-5373. www.jazzschool.com 

Savoy Family Cajun Band at 9:30 p.m. at Ashkenaz. Lecture on Cajun music at 8 p.m., dance lesson at 9 p.m. Cost is $5-$15. 525-5054. www.ashkenaz.com 

Clockwork, a capella jazz, at 9 p.m. at Downtown. 649-3810.  

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

Nac One at the 1923 Teahouse at 8 p.m. Suggested donation of $5. 644-2204. www.epicarts.org 

Grapefruit Ed, Snake in Eden at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryplough.com 

The People, Orixa at 9:30 p.m. at Blakes on Telegraph. Cost is $7. 848-0886. www.blakesontelegraph.com 

Patricio’s Tri-Angulo at 8 p.m. at Jupiter. 848-8277.›


Skunks Are Now in a Class All Their Own: By JOE EATON

Special to the Planet
Tuesday November 09, 2004

Somehow I had missed, until just recently, the fact that skunks are no longer considered part of the weasel family. Skunks are now in the skunk family, and have been since 1997. Nobody tells me these things. 

This business of families is the legacy of Carolus Linnaeus, aka Carl von Linne, the 18th-century Swedish botanist who devised a system for classifying living things that scientists still use today.  

In Linnean taxonomy, every animal, plant, fungus, or bacterium fits into a series of nested boxes, each box with a Latinate name.  

Take my associate Matt the Cat: Matt’s species is Felis domesticus, and he shares the genus (plural genera) Felis with a number of small wildcats. Matt’s also a member of the family Felidae (with lions, tigers, and lynxes), the order Carnivora (with dogs, bears, raccoons, seals, mongooses, hyenas, weasels, and skunks), the subclass Eutheria (with primates, rodents, and all the other mammals that have a placenta), and the class Mammalia (with marsupial possums and kangaroos and the monotreme platypus). And mammals fit into the subphylum Vertebrata (animals with backbones), the phylum Chordata (animals with spinal cords), the kingdom Animalia, the domain Eucarya (organisms whose cells have a nucleus). From Eutheria on up, Matt and I are in the same boxes. 

For most of the time since Linnaeus, scientists have used physical characteristics like skulls and teeth to assign organisms to their proper box. The weasel family, the Mustelidae, was defined by enlarged scent glands, an absent molar, and the loss of a cutting notch on the upper fourth premolar—traits common to skunks, weasels, ferrets, martens, mink, otters, badgers, and wolverines. 

The problem is that anatomy doesn’t necessarily reveal evolutionary relationships. Different organisms may share a trait they all inherited from a common ancestor, or they may have each evolved the trait on their own. Bats, birds, and pterodactyls developed wings independently. 

There’s a school of taxonomy called cladistics, invented by entomologist Willi Hennig, that tries to sort out relationships by identifying shared derived characteristics—like the feathers that mark both parrots and penguins as birds. Scientists who practice cladistics use a forbidding jargon, which I’ll spare you. The important word to remember is “clade”: a lineage with a common ancestor. Mammals as a whole are a clade, and so are carnivores—and based on anatomy, so were weasels. Linnaeus lived well before Darwin and saw the natural order as the work of a tidy God; cladistics helped make evolutionary sense of his system. 

Along with cladistics, molecular genetics gave taxonomists a more sophisticated tool kit. It’s now possible to compare strands of DNA from, say, a whale and a hippo, and recognize them as relatives. Given assumptions about rates of genetic mutation, it’s even possible to use molecular clocks to determine when two lineages first separated.  

Together, cladistics and molecular genetics shook up the old Linnean order. Some of the boxes were broken up, and animals and plants were moved from box to box. Botanists split up the lily family and the snapdragon family. Herpetologists decided anoles and horned lizards didn’t belong in the iguana family. Ornithologists discovered turkey vultures were closely related to storks, and mockingbirds to mynahs. Every time I pick up a new field guide, I find the taxonomists have been at it again. 

The skunks’ turn came a few years ago when Jerry Dragoo, now at the University of New Mexico, and Rodney Honyecutt of Texas A & M reanalyzed the weasel family, comparing two mitochondrial genes—genes we inherit from our mothers, widely used for calibrating molecular clocks. They looked at material from most of the genera traditionally included in the family, as well as representatives from other carnivore groups: raccoon, coyote, black bear, California sea lion. And they found that skunks were genetically really different. The other members of the weasel family shared a more recent common ancestor with raccoons than they did with skunks, which may have branched off 40 million years ago. Dragoo and Honeycutt recommended the skunks be placed in a family all their own, the Mephitidae, and most references published since 1997 have gone with that. 

But what about those teeth, and the scent glands? Well, all carnivores have scent glands, and enlarged glands have evolved in families like the civets that have never been considered close kin to either weasels or skunks. And the dental traits used to define the weasel family have developed more than once in independent carnivore lineages—evolving convergently, like the wings of birds, bats, and pterodactyls. 

Convergence is a funny thing: natural selection producing similar designs among unrelated species. South America used to have grazing mammals with single-toed hooves, but they weren’t horses. 

Australia is full of marsupial analogs to eutherian mammals: marsupial cats, moles, flying squirrels. There’s an African mammal called the zorilla, or striped polecat. It’s black with white stripes down its back and has a powerful chemical defense. The zorilla looks like a skunk, behaves like a skunk, smells like a skunk—but it sorts with the weasels. (Just to complicate things, an odd Southeast Asian carnivore called the stink badger turns out to be not a true badger but a skunk, a remnant of an ancient Old Word skunk lineage). 

Dragoo, who shares his home with intact skunks and tells reporters he doesn’t have much of a sense of smell, sees the skunk-weasel split as a kind of vindication for the “cute little critters.” It does complicate the rhetoric of abuse, though. You can still call someone a skunk; you can call him a weasel. But now you have to pick one or the other. 

 

 

 

 

 

 

 

 

 

 

 

 

 


Berkeley This Week

Tuesday November 09, 2004

TUESDAY, NOV. 9 

Tilden Tots Join a nature adventure program for 3 and 4 year olds, each accompanied by an adult (grandparents welcome)! We’ll learn about our fine feathered friends from 10 to 11:30 a.m. Cost is $6-$8. Registration required. 636-1684. 

“Secrets and Lies from Vietnam to Iraq” with Daniel and Patricia Ellsberg at 7:30 p.m. at College Preparatory School, Buttner Auditorium, 6100 Broadway, Oakland. Cost is $5-$10. 658-5202. www.college-prep.org/livetalk 

“The Implications of Eco-Justice for a Theological Anthropology” with Reverend Peter Saltwell, Director of Eco-Justice Ministries at 7 p.m. in the GTU Dinner Board Room, 2400 Ridge Rd. 649-2560. www.gtu.edu/studentgroups/trees 

“When Myth Trumps History: The Reclamation Bureau and the Family Farm, 1902-1935” with Donald Pisani, Professor of History, University of Oklahoma, at 5:30 p.m. in 10 Evans Hall, UC Campus. Sponsored by the Water Resources Center Archives. 642-2666. 

Berkeley Business Plan Competition Workshop: Opportunity Recognition at 6 p.m. at the Wells Fargo Room, Haas School of Business, UC Campus. For more information see http://bplan.berkeley.edu/ 

“The End of Suburbia” a film about how peak oil production will change our lives, followed by a discussion with Jan Lundberg, founder of the Sustainable Energy Institute, at 6 p.m. at Redwood Gardens main hall, 2561 Derby St. www.berkeleybest.org 

ID Theft Workshop Find out how to reduce your chances of becoming an innocent victim, at 7 p.m. at the El Cerrito Senior Citizens Center, 6500 Stockton St. Sponsored by the El Cerrito Crime Prevention Committee, the El Cerrito City Council, and the El Cerrito Police Department. Reservations required. 215-4414, ext. 30.  

“Growing Up in a Bay Area Orphanage for Chinese Youth” A narrated video of historical photos that tells the story of the Chung Mei Home for Chinese boys and Ming Quong Home for Chinese girls. Panel discussion follows featuring former residents. At 7 p.m. at El Cerrito Library, 6510 Stockton Ave. 526-7512.  

Free Quit Smoking Workshop from 5:30 to 8:30 p.m. with a follow-up class on Nov. 23 at the South Berkeley Senior Center. To register call 981-5330. 

Free Depression Screenings from 11 a.m. to 2 p.m. in Stephens Lounge, MLK Student Union, UC Campus. 642-7202. 

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

Family Story Time at the Kensington Branch Library, Tues. evenings 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. 548-3991. www.berkeleycameraclub.org 

Belly Dancing Lessons at 7:30 p.m. at Belladonna, 2436 Sacramento St. Cost is $5. 883-0600 www.belladonna.ws  

St. John’s Prime Timers meets at 9:30 a.m. at St. John’s Presbyterian Church, 2727 College Ave. Marge Robinson, who has lived in Berkeley for the last 90 years, will speak on “Remembering Berkeley” at 11 a.m. 845-6830. 

WEDNESDAY, NOV. 10 

Kathy Kelly, Founder of Voices in the Wilderness and Iraqi Solidarity Activist at 7:30 p.m. at First Congregational Church, 2501 Harrison St., at 27th. Tickets are $12 in advance, at independent bookstores, $15 at the door. Benefit for KPFA. 848-6767, ext. 609. 

“KPFA/Pacifica: Democracy Deferred?” A panel discussion with speakers Solange Echeveria, Bill Mandel, Susan Stone, and others at 7 p.m. at La Peña, 3105 Shattuck Ave. 415-424-8311. 

“Dance Me Outside” a documentary of life on an Indian Reserve in Canada at 7 p.m. at Humanist Hall, 390 27th St., Oakland. Free, donations accepted. 452-1235. 

“Jews Among Muslims and Christians in Late Antiquity” a symposium from 8:30 a.m. to 5:30 p.m. in the Dinner Boardroom at the GTU, 2400 Ridge Rd. 649-2482. 

“Jewish Families in Context” with Olga Silverstein, MSW, CSW, at 11:30 a.m. at the BRJCC, 1414 Walnut St. Cost is $5. 848-0237.  

“Fruitful Flailings: Reading the Anger of the Prophet Jonah” with Barbara Green, Prof., Biblical Studies, Dominican School, at 7 p.m. in the GTU Chapel, 1798 Senic Ave. 649-2440. 

East Bay Genealogical Society with Margery Bell of the Family History Center at 10 a.m. in the Library Conference Room, Family History Center, 4766 Lincoln Ave., Oakland. 635- 6692. 

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

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. 

Prose Writers’ Workshop An ongoing group focused on issues of craft. Meets Wed. at 7 p.m. at the Berkeley Jewish Community Center, 1414 Walnut St. 524-3034. georgeporter@earthlink.net 

Poetry Writing Workshop, led by Alison Seevak, every second Wed. at 7 p.m. at the Albany Library, Edith Stone Room, 1247 Marin Ave. Registration required. 526-3700, ext. 20. 

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

vigil4peace/vigil 

THURSDAY, NOV. 11 

Reduced City Services Today Call ahead to ensure programs or services you desire will be available. 981-CITY. www.cityofberkeley.info 

“Race and Public Policy: A Proactive Agenda for 2005 and Beyond” Workshops and panels through Nov. 13 at the MLK Student Union, UC Campus. Sponsored by the Applied Research Center. To register go to www.arc.org  

Grizzly Peak Flyfishers monthly meeting at 7 p.m. at the Kensington Community Center, 59 Arlington Ave. Long-time member and author Seth Norman will speak. Expert, beginning and “wannabe” fly fishers are all welcome. For further information, call Richard Orlando at 547-8629. 

Biodiesel 101 An introduction to this clean, homegrown alternative fuel, including what you need to get started, where to buy it, collectives and events. From 7 to 9 p.m. at the Ecology Center, 2530 San Pablo Ave. 548-2220, ext. 233. 

Family Literacy Night from 5 to 7 p.m. with storytelling by Ayodele, at Habitot, 2065 Kittredge St. 647-1111. www.habitot.org  

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

FRIDAY, NOV. 12 

Reduced City Services Today Call ahead to ensure programs or services you desire will be available. 981-CITY. www.cityofberkeley.info 

City Commons Club Noon Luncheon with Marcella Adamski on “What is Happening to Tibet?” Luncheon at 11:45 a.m. for $12.50, speech at 12:30 p.m., at the Berkeley City Club, 2315 Durant St. For information and reservations call 526-2925 or 665-9020. 

November is We Give Thanks Month! Join participating restaurants in supporting the Berkeley Food and Housing Project. For a list of participating restaurants please visit www.bfhp.org  

“Writing About Race” with Victor Merina, former Los Angeles Times reporter, at 7 p.m. at North Gate Hall, Room 105, UC Campus. Sponsored by the Graduate School of Journalism. 

“So How’d You Become an Activist?” with Bob Bloom, Dennis Cunningham, Bill Simpich of Earth First, attorneys representing Judi Bari and Darryl Cherney, who were victorious in a $4.5 million lawsuit against the FBI and Oakland Police, at 7 p.m. at Berkeley Fellowship of Unitarian Universalists, 1924 Cedar St., at Bonita. Suggested donation $5. 528-5403. 

Literary Friends meets at 1:30 p.m. at the North Berkeley Senior Center for a Haiku poetry workshop with Connie Andersen. 549-1879. 

Peace Corps Send Off Party and Social Mixer at 6 p.m. Triple Rock, 1920 Shattuck Ave. Come meet and speak with returned Peace Corps volunteers, applicants, nominees, invitees, and others interested in the Peace Corps. Please RSVP to John Ruiz at 415-977-8798. jruiz@peacecorps.gov 

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

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

“Three Beats for Nothing” a group that meets to sing, mostly 16th century harmony, for fun and practice, at 10 a.m. at the North Berkeley Senior Center. 655-8863, 843-7610. 

Women in Black Vigil from noon to 1 p.m. at UC Berkeley, Bancroft at Telegraph. 548-6310. 

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. Sponsored by the Buddhist Peace Fellowship. 655-6169. www.bpf.org 

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

SATURDAY, NOV. 13 

A Weekend Campaign to Weatherize with the California Youth Energy Services. Free energy audits and materials installations to help you reduce your energy bills. To schedule an appointment call 428-2357.  

Seed Saving Workshop Covering seed saving in detail, including botany and pollination, and types of seeds. From 7 to 9 p.m. at the Ecology Center, 2530 San Pablo Ave. Cost is $10-$15. 548-2220, ext. 233. 

Junior Rangers Aides Training for youth at Tilden Nature Area. Held in the afternoon. Call Dave Zuckermann for information, 525-2233. 

The Biofuel Oasis Grand Opening of the only operating public biodiesel fueling station in the Bay Area, from noon to 4 p.m. at 4th and Dwight. www.biofueloasis.com 

Let Worms Eat Your Garbage Small on space and big on benefits, worm composting is a great way to recycle kitchen scraps. From 10 a.m. to noon at Regan’s Nursery and 4268 Decoto Rd. in Fremont. Part of Bay-Friendly Gardening. 444-SOIL. www.stopwaste.org 

Help Restore Cerrito Creek Join Friends of Five Creeks volunteers 10 am to noon to plant natives and remove weeds at Cerrito Creek at El Cerrito Plaza, at the south edge of Plaza parking lot, north end of Cornell Street. 848-9358. www.fivecreeks.org 

Help Restore San Pablo Creek at the El Sobrante Library at 9:30 a.m. Refreshments, tools, and gloves provided. Heavy rain cancels event. Sponsored by San Pablo Watershed Neighbors Education and Restoration Society. 231-9566. 

Save California Least Terns at the Alameda Wildlife Refuge at the former Alameda Naval Air Station, from 9 a.m. to 1 p.m. All ages welcome. Sponsored by the Golden Gate Audobon Society. 843-2222. www.goldengalteaudobon.org 

“Plant Selection and Installation” A hands-on class in Berkeley from 9 a.m. to 4:30 p.m. We will visit a local nursery and botanic garden to view and discuss why, and how, to select appropriate plants for a variety of situations. Emphasis on Native Californian plants. Sign up by calling the Building Education Center at 525-7610.  

Solo Sierrans Sunset Walk at Emeryville Marina at 4 p.m. Wheelchair accessible. Meet behind Chevy’s Restaurant at the small parking lot. 234-8949. 

South Berkeley Community Church Holiday Bazaar and Art Show from 9 a.m. to 5 p.m. at the church, located on the corner of Fairview and Ellis Streets. Gifts, decorations, and collectibles will be available from local artists and craftspeople. 652-1040. 

We the Planet Music and Activism Festival with The Roots, Mickey Hart, Third Eye Blind, at 7 p.m. at the Henry J. Kaiser Convention Center, Oakland. Workshops will be held during the day on how to get involved in your community. www.wetheplanet.org 

Do-It-Yourself Festival and Skillshare Enjoy free information, food, and music, at 10 a.m. at People’s Park. www.barringtoncollective.org 

“Reporting Across Cultures, Writing About Race” A free seminar for journalists and the public from 9 a.m. to 3 p.m. in the North Gate Library, Graduate School of Journalism. To RSVP, please send an email with your name and affiliation, by Nov. 10, to merinaworkshop@lists.berkeley.edu 

Motivating the Teen Spirit A teen empowerment program at 10 a.m. at Holiday Inn, Top of the Bay, 1800 Powell St., Emeryville. Cost is $25. Presented by Tamika’s Adolescent Group Homes, Inc. 472-8104. bm2432@sbcglobal.net 

“Chavez and the Struggle of Democracy in Venezuela” at 7 p.m. at AK Press Warehouse, 674-A 23rd St., Oakland. Cost is $7-$15 sliding scale. Fundraiser for Just Cause Oakland. 208-1700. www.akpress.org 

Integrative Health Conference Alternative health conference featuring interactive workshops at 105 North Gate Hall, UC Campus. Presented by Students for Integrative Medicine. www.studentsforintegrative- 

medicine.info 

Mudpuppy’s Tub and Scrub and Sit and Stay Cafe opens at Point Isabel, East Bay Regional Park, at 11 a.m. Canine and human refreshments available. www.ebparks.org 

Images of India A fundraiser with music and film to benefit ASHA at 3 p.m. at International House, 2299 Piedmont Ave. Cost is $15-$100. www.ashanet.org/berkeley/events 

Kol Hadash Family Brown Bag Shabbat at 11 a.m. at the Albany Senior Center, 846 Masonic. Bring lunch for yourself and your children, and finger dessert to share. Juice provided. kolhadash@aol.com 

SUNDAY, NOV. 14 

Coffee for the Birds Is your morning cup shade grown? Sample some “songbird coffee” and pastries as you learn a little natural history of a billion dollar industry. We’ll go out for a short walk to spot our resident birds if it isn’t raining. Meet at 9 a.m. at Tilden Nature Center. Cost is $5-$7. Registration required. 525-2233. 

Help Clean up San Pablo Creek and its tributaries. Learn about the Dumping Abatement and Pollution Reduction Program and the trash assessment monitoring tool as we remove harmful trash. Refreshments, tools, and gloves provided. Call for meeting place. Sponsored by The Watershed Project. 231-9566. Elizabeth@thewatershedproject.org 

The Women of Color Resource Center will honor five leading women for their spirit of creative resistance at the Sixth Annual Sisters of Fire Awards celebration, at 11 a.m. at the North Oakland Senior Center, 5714 Martin Luther King Jr. Way, Oakland. Sliding scale donation starting at $15. 444-2700. info@coloredgirls.org 

Green Sunday “The Election Results: Where Do We Go From Here?” at 5 p.m. at the Niebyl-Proctor Library, 6501 Telegraph Ave. at 65th in Oakland. Sponsored by the Green Party of Alameda County.  

“Older and Wiser: Basic Legal Knowledge for Living Well to the End” with attorney Sara Diamond at 1 p.m. at Berkeley Unitarian Universalist Fellowship, Cedar and Bonita. 

“No Man Left Behind: Homelessness and Other Veterans Issues” at 2 p.m. at the Oakland Museum of California, 10th and Oak Sts. In conjunction with the exhibition “What’s Going On? California and the Vietnam Era.” 238-2200. www.museumca.org 

Tibetan Buddhism with Sylvia Gretchen on “Art and Consciousness in Tibetan Buddhism” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812. www.nyingmainstitute.com 

MONDAY, NOV. 15 

City of Berkeley Draft Southside Plan A scoping session on the draft envionmental impact report for the Southside neighborhood, bounded by Bancroft Way, Fulton St., Dwight Way, and Prospect St. At 7 p.m. at the North Berkeley Senior Center. For information contact Janet Homrighausen at 981-7484. 

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 

“Legacy of a Coup: A Guatemalan Village Perspective” with Beatriz Manz, Prof. of Geography and Ethnic Studies, at noon in the CLAS Conference Room, 2334 Bowditch St. 642-2088. www.clas.berkeley.edu 

“Delivering Energy Efficiency and Comfort in Highly Glazed Buildings” with Stephen Selkowitz, Building Technologies Dept., LBNL, at 5:30 p.m, 104 Wurster Hall, UC Campus. 

“From Rabbi to Aryan: Jesus in Modern Theology” with Susannah Heschel, Chair, Jewish Studies Porgram, Dartmouth, at 7 p.m. in the Dinner Boardroom at the GTU, 2400 Ridge Rd. 649-2482. 

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. 

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

CITY MEETINGS 

City Council meets Tues., Nov. 9 at 7 p.m in City Council Chambers. 981-6900. www.ci.berkeley.ca.us/citycouncil 

Commission on Disability meets Wed., Nov. 10, at 6:30 p.m. at the North Berkeley Senior Center. Paul Church, 981-6342. www.ci.berkeley.ca. 

us/commissions/disability 

Homeless Commission meets Wed., Nov. 10, at 7 p.m., at the North Berkeley Senior Center. Jane Micallef, 981-5426. www.ci.berkeley.ca.us/commissions/homeless 

Planning Commission meets Wed., Nov. 10, at 7 p.m., at the North Berkeley Senior Center. Ruth Grimes, 981-7481. www.ci.berkeley.ca.us/commissions/planning 

Police Review Commission meets Wed., Nov. 10 at the South Berkeley Senior Center, Barbara Attard, 981-4950. www.ci.berkeley.ca.us/commissions/policereview 

Waterfront Commission meets Wed., Nov. 10, at 7 p.m., at 201 University Ave. Cliff Marchetti, 644-6376 ext. 224. www.ci.berkeley.ca. 

us/commissions/waterfrontM


Opinion

Editorials

Editorial:Campaign Finance Revisited

By Becky O'Malley
Friday November 12, 2004

Whatever happened to Measure H? It was supposed to be a slam-dunk good-government measure that Berkeley voters would certainly support: campaign financing for all, leveling the playing field, taking money out of politics. Supporters sent the Planet a passel of literate, well-reasoned opinion pieces. We got some full-page ads. Letters came home in the mail outlining why thinking people would have to vote yes on H. The Berkeley vote was billed as an opening salvo in a national movement to “clean up politics.” But Berkeleyans didn’t buy it. Measure H went down badly, getting only 40 percent of the vote. Why? 

The easiest explanation is that that it was effectively an expenditure at a time when even Berkeley voters were thinking about saving money. Berkeleyans Against Soaring Taxes (BASTA), the anti-tax crowd, included Measure H on their very effective Vote-NO lawn signs. The voters, perhaps, were not in a mood to pay for anything new, since they also turned down libraries, kids and paramedics at the same time.  

A cursory glance at the city clerk’s list of those who contributed to the Berkeley Fair Elections Coalition’s Yes on H campaign shows that supporters came from all sorts of places: campaign consultants, high-priced lawyers, academics, computer types—but with a notable absence of the usual suspects. This did not seem to be a project funded by players to ensure their place on the ballot in the future. The contributors whose names we recognized were diverse and for the most part sincere.  

The organization’s web page boasted a really extraordinary list of progressive supporters, from Barbara Lee on down, with organizations such as the Sierra Club, Common Cause—you name it, they got them. Lee even supplied a well-placed pro-H op-ed to the Chronicle.  

The BFEC web page offered canned letters to the editor for supporters to crib from. Lucky for them that the Planet didn’t catch them at that before the election, since we’re allergic to the canned letter dodge even on behalf of “progressive” causes. This might, in fact, explain why the campaign was such a notable flop. It was perhaps another case of too many generals leading too few troops into possibly dubious battle. 

There’s another obvious explanation for why campaign financing didn’t catch on in Berkeley, at least this round. Many long-time observers of the political process have come to the conclusion that the main problem with campaign financing is—campaign financing. The political process which used to be fueled by volunteers has been turned over to often sleazy “consultants” who will work for anyone at a price. This causes candidates to spend more money than they need to, and to have less contact with voters. Proponents of H pointed to its provision which required candidates to get a substantial number of small contributions before qualifying for city funding, but that misses the point. New technologies make it possible to reach many voters without spending much money, if you have enough shoe leather donated to distribute handouts and can use a computer, and MoveOn.org’s record suggests that this might be a better way to go. Money in campaigns can easily distort them, and this can be true even if the money comes from taxes instead of from obvious interest groups. 

People who went to swing states to work against Bush came back with such critiques of the organizations they worked with. In general, MoveOn’s grassroots style got good reviews, while the Democratic National Committee, America Coming Together and the League of Conservation Voters efforts were panned by volunteers for being too top-down and too heavily staffed by inept paid workers who fell all over each other and didn’t get the job done. 

A lot of money was contributed to Kerry in this election, and a lot of observers are starting to complain that it was poorly spent. Perhaps after the dust settles we can learn something from these experiences.  

 


Tax Vote Mandates New Politics: By BECKY O'MALLEY

EDITORIAL
Tuesday November 09, 2004

As usual, our readers are doing a great job of analyzing the local election results in these pages, and we really don’t need to add much. We have just a few observations on the stylistic issues which affected the campaigns for local taxes. Our front page election night photos said it all. They were taken by a photographer who doesn’t cover city politics, didn’t necessarily know the names and numbers of the players, and just shot what he saw. In the Measure B victory photo we saw a bunch of happy parents lifting apple slices to toast their victory. Among them were fathers Dan Lindheim and Larry Gordon, who darn near drove us at the Planet crazy with a steady stream of letters, commentary pieces and “informational” phone calls. Voters who were paying any attention at all to local elections couldn’t miss the message; if they didn’t catch it in the Planet, they could have seen the hundreds of signs on their neighbors’ lawns around town. Good job, guys.  

At the headquarters of the proponents of the city tax measures, it was a different picture. The photographer caught Julie Sinai, one of the mayor’s paid professional staffers, staring glumly at a computer screen. In the background were three political insiders, one of whom was another paid mayoral assistant. No “average taxpayers” were anywhere in sight.  

When the final precinct-by-precinct returns are in, a more sophisticated analysis of how the votes came down will be possible. And when the final financial filings have been tabulated, we’ll know more about who paid for the campaigns. We do know, however, that there was precious little rank-and-file voter support for the city taxes. Employee unions and developers by and large funded the pro-tax campaigns, and taxpayer groups funded the anti-tax position (at a much lower level). The Antis also wrote lots and lots of letters and commentaries. Like the pro-B parents, they were not shy about insisting that they got their share of space in the opinion pages. From the Pro-city-tax side, we got a letter signed by the mayor, and perhaps a few more, but no outpouring of citizen sentiment, no anguished calls.  

And with friends like the employee unions, the tax measures didn’t really need enemies. Many citizens tagged over-generous city employee contracts followed by union intransigence on meaningful salary cuts to help with budget shortfalls as their reason for voting against the taxes. Conservatives, including the traditional Grumpy Old Men and Women, were up front about it. Moderates and progressives didn’t join BASTA in any numbers, and were more likely to complain in furtive phone conversations and via e-mail, but they were plenty annoyed by union stonewalling.  

Another issue which brought many moderates and progressives together was a shared perception that the city’s planning department is out of control, dominated by pro-growth ideologues who have no interest in citizen control of the agenda. Every group had its horror stories. Progressives in general acknowledge the need for additional low-cost housing in Berkeley, which many moderates do not, but members of both groups have good communication and shared outrage at the way densification in the form of big ugly boxes for market-rate renters is being promoted by city staff with a “neighbors be damned” attitude. It’s possible to argue, and we did, that voting no on tax measures is not the way to solve the problem, but it was hard to think of an alternative to recommend. 

City Council elections weren’t much help. Berkeley, like the U.S. Congress, has been gerrymandered, with the collusion of sitting council members, into “safe” districts, so that candidates didn’t have to reveal their positions on touchy issues like growth or salaries. District 3 was designed to be safe for Maudelle Shirek, but when she was unexpectedly removed from the action it was also safe for a successor from her progressive camp. District 2 is another safe district, especially for a political insider like Darryl Moore. District 6 is designed to be safe for the right wing of the moderate faction, and it was. District 5 was tailored for the nervous middle moderates, a slam dunk for affable candidates like Hawley and Capitelli who can engineer endorsements from both sides by avoiding taking positions on anything of consequence during the campaign.  

The bottom line is that the many citizens who were unhappy with employee salaries or staff-promoted pro-growth policies felt that they had little recourse but to vote no on everything. This will cause a good deal of unhappiness for recipients of effective city aid for the unorganized and defenseless among us, if the city council yields to the temptation of cutting programs instead of staff salaries. Homeless people don’t have a union to advocate for them, so the temptation will be there.  

What’s the alternative? The old political alliances have just about disappeared. Berkeley Citizens Action and the Berkeley Democratic Club are vestigial organizations which meet only to endorse in election years, and whose endorsements have less and less impact. Members are grey and tired in both camps.  

Well, there’s a mayoral election in only two years, as well as council races in some of the more volatile, less safe districts. This might be a good time for unhappy citizens to begin planning a unity strategy which would bring together disgruntled residents of the growth-impacted districts and voters who want better control of city spending on staff salaries. A candidate for mayor who announced early, in the next few months, and who could tap into both of these streams, might provide a focus. 

 

—Becky O’Malley