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Richard Brenneman:
          A backhoe loaded up caustic lime at the Campus Bay site in Richmond Wednesday so that the material could be mixed with marsh muck to neutralize the sulfuric acid produced by iron pyrite ash. Site neighbors complained of burning eyes and running noses after clouds of lime and steam burst into the air.
Richard Brenneman: A backhoe loaded up caustic lime at the Campus Bay site in Richmond Wednesday so that the material could be mixed with marsh muck to neutralize the sulfuric acid produced by iron pyrite ash. Site neighbors complained of burning eyes and running noses after clouds of lime and steam burst into the air.


Controversy Over Development of Toxic Richmond Site Continues Into New Year By RICHARD BRENNEMAN

Monday January 03, 2005
Richard Brenneman:
              A backhoe loaded up caustic lime at the Campus Bay site in Richmond Wednesday so that the material could be mixed with marsh muck to neutralize the sulfuric acid produced by iron pyrite ash. Site neighbors complained of burning eyes and running noses after clouds of lime and steam burst into the air.
Richard Brenneman: A backhoe loaded up caustic lime at the Campus Bay site in Richmond Wednesday so that the material could be mixed with marsh muck to neutralize the sulfuric acid produced by iron pyrite ash. Site neighbors complained of burning eyes and running noses after clouds of lime and steam burst into the air.

To Richmond officials, it looked like a much-needed boost to an ailing city and a major source of new city revenues. 

To a Marin County developer and a pension fund investment firm, it looked like a cash cow, the site for a 1,330-unit high-rise shoreline condominium complex. 

But to a growing number of South Richmond residents, it looks like a toxic menace, a threat to the health of themselves, their friends and families. 

For 100 years, industrial plants at the site of what is know today as Campus Bay churned out an array of chemicals ranging from sulfuric acid to potent pesticides. 

To the north, another plant had produced blasting caps while polluting the soil with toxic mercury compounds and to the south an recycling center laced the ground with a noxious brew of PCBs, PCEs and other compounds. 

Here developers plan to build a high-density, high-rise residential development. 

AstraZeneca, the British firm which last produced chemicals on the site, was legally responsible for the cleanup after their last plant on the property closed in 1997. 

Because of an accidental chemical discharge more than a decade earlier, the San Francisco Bay Regional Water Quality Control Board already held jurisdiction over the site when it came time for the cleanup, and Zeneca picked an Emeryville-based LFR (Levine-Fricke Recon) to design and implement a hazardous substances cleanup. 

The “Levine” in the corporate name was Berkeley resident James D. Levine, a former water board employee who went on to build a sizable fortune plying his craft in the corporate sector. 

Zeneca had allotted $100 million for the cleanup, but Levine came up with a plan that promised to handle the task for 20 percent of that by burying a mountain of iron pyrite ash, the residue of nearly a century of acid-making, on the site itself, rather than trucking it away to a landfill. 

Levine had sold his share of the company by the time work commenced, carried out by another firm, IRG Environmental, under the supervision of Levine’s former company. 

Between 1999 and 2002, three dozen buildings were demolished with little public fanfare. 

The turning point for many came in 2002, after the last of the structures had been demolished, when heavy equipment generated blizzards of dust that blanketed surrounding businesses, homes and streets as the refuse of a century of manufacturing was excavated and then buried in a 40-acre pit on the site. 

Just what was in the dust remains a partial mystery, because little if any monitoring was conducted by the water board, but subsequent tests have also identified more than 20 other noxious compounds in the mix. 

Contra Costa County Public Health Director Dr. Wendel Brunner would later say that those dusty days shattered public confidence both in the developer and with the regulatory oversight. 

As a result, a coalition of concerned residents and the men and women who worked in the light industries immediately to the south of the site began to organize with the help of Claudia Carr, a UC Berkeley professor of environmental science, policy and management who lives in Marina Bay, a housing development built on another contaminated site to the northwest of Campus Bay. 

The new group styled itself Bay Area Residents for Responsible Development—BARRD—and its creation would prove momentous in the drama that unfolded. 

Among the members is Peter Weiner, an old friend of Carr’s. As a highly respected—and costly—attorney with Paul, Hastings, Janofsky & Walker, one of San Francisco’s leading law firms, Weiner’s pro bono presence added a voice no corporate officer could afford to ignore. 

Another is Sherry Padgett, a corporate finance officer who works nearby, whose own battles with a series of life-threatening, environmentally-caused illnesses adds an eloquent human voice to the risks posed by the chemicals on the site. 

Zeneca sold the site to Cherokee Simeon Ventures, a special purpose joint venture company. 

The Simeon part of the equation are Russ Pitto’s Simeon Residential and Commercial development firms, which own extensive holdings in California and Colorado. 

Cherokee is Cherokee Investment Partners, a North Carolina-based multinational which invests pension fund moneys in developments on cleaned-up toxic sites, dubbed “brownfields.” 

Their plans for the site didn’t call for a 1,330-unit high-density, high- and mid-rise condo project. Instead, they wanted to build a biotechnology research park. 

In 1950, on the site of the former blasting cap plant bordering Campus Bay to the north, the University of California had located its Richmond Field Station, a collection of research facilities which would offer a logical complement to the corporate facilities on Pitto’s property. 

There was a second, equally logical tie as well: In 2000, Zeneca—the last owner—had merged its agricultural chemicals subsidiary with that of Novartis, the Swiss-based pharmaceutical and chemical giant that was then involved in a controversial corporate/academic partnership with UC Berkeley’s College of Natural Resources. 

Pitto had already started building on the 16 acres closest to I-580, erecting the first two of four planned buildings when Sept. 11, 2001 arrived. 

The economic uncertainty that followed the deadliest single terrorist attack on American soil devastated the biotech industry, leaving Cherokee-Simeon with vacant space in the existing buildings and no clients in sight for the two other unbuilt 90,000-square-foot structures city officials had already authorized. 

Under the original plan already approved by Richmond officials and the water board, the site had been deemed suitable for shift workers who would spend only a lesser portion of their days at the site. 

With the biotech crash, Cherokee-Simeon needed to do something different with the land, so they filed preliminary plans with the city to build housing atop what Padgett would later describe as a “35,000-cubic-yard, 30-acre, eight-foot-tall table top mountain with a concrete cap”—actually, a mixture of cement and papier mache. 

Richmond officials jumped at the plan, with Steve Duran, director of the city’s Community and Economic Development Department, signing on as the project’s most outspoken booster. 

For a city mired in an eight-figure swamp of debt, Duran touted the project as the source of cash to fund redevelopment in the city’s high-crime, low-income minority neighborhoods. 

A Cherokee Simeon handout posted on the city’s web site promised $7 million in annual revenues for Duran’s agency, $7.3 million in impact fees for the city, $6.8 million in impact funds for the West Contra Costa County Unified School District, $40 million in spending on site infrastructure improvement and 500 temporary construction jobs. 

The only project potentially more lucrative in Richmond was the nine-figure promises from James D. Levine in his subsequent incarnation as promoter of a gambling super-resort to the north at Point Molate. 

Opposition to the Campus Bay proposal surfaced early and often. 

When the proposal was aired before the Richmond Planning Commission last March, more than 30 speakers—many from neighborhood councils—raised their concerns during a four-hour study session. 

While some homeowners worried that the high-rise condo towers would block treasured views of the Bay and beyond, and others worried about increased traffic and congestion, health concerns dominated the letters and e-mails that poured in early in the year when the city called a scoping session in order to prepare an environmental impact report (EIR). 

On the city’s notice of preparation, a preliminary report outlining areas of concern to be addressed in the final EIR, the project was judged as having potentially significant impacts—the highest of four ratings—in 72 of 90 potential areas of concern. 

The scoping session for the EIR drew letters of concern from environmental groups, neighborhood councils, attorneys—including BARRD’s Peter Weiner—and local residents. 

Building trades unions endorsed the plan, but most responses either posed serious questions or registered outright objections. 

For the state Department of Toxic Substances Control (DTSC), the key issue was the health and safety of those who’d be living at the site, especially children, victims of chronic ailments and the elderly. 

Public Health Director Brunner would add his own voice, echoing the DTSC’s concerns. 

The LFR Levine-Fricke plan for the housing project prohibits any ground floor residential units. Instead, sunken parking levels would feature fans to blow out volatile organic compounds that would inevitably escape from the cap. 

Residents would be barred from planting vegetable gardens and grassy areas would be off-limits to children. 

Site cleanup efforts were still incomplete, with another round of excavations slated to begin in the autumn on the coastal marshland to the west of the building site. Timing was critical, because the marsh also serves as the nesting ground for the clapper rail, a shorebird on the federal Endangered Species list. 

Compounds from the manufacturing process that had leached into the shoreline muck posed serious dangers to wildlife, and plans called for their removal and replacement by uncontaminated soil. 

Water board officials repeatedly assured critics that all was well, but Carr, Padgett and others weren’t buying. 

Critics, fearing that the excavation process would release still more hazardous compounds into the environment, began calling for a handover of project supervision to the DTSC, which is well-staffed with toxicologists and other experts.  

Barbara J. Cook, DTSC Northern California coastal cleanup chief, intervened on Aug. 30, calling a halt to the start of the marsh cleanup, pending a closer examination and possible revisions of key plan elements, including issues raised by the housing project proposal. 

East Bay State Assemblymember Loni Hancock endorsed Cook’s action in a Sept. 1 letter to the water board, asking the agency to halt work until Cook’s questions were answered. 

The water board was ready to resume work by late September, though Stephen J. Morse, the agency’s assistant executive officer told concerned citizens on Sept. 28 that “We’re not anywhere near to discussing homes on the site.” 

“My understanding is that there are arsenic concentrations on this site,” said Brunner. 

“This site’s got everything,” Morse replied. 

On Oct. 5, the day excavations were scheduled to commence, Assemblymember Hancock issued a scathing condemnation of the housing proposal and vowed to hold a legislative hearing to address the concerns of project critics. 

Temperatures reached the boiling point on Oct. 27, at a water board public information at Richmond’s Booker T. Anderson Community Center. 

Jeff Hohenstein, a martial arts instructor who teaches young students at a studio not far from the site, said he was worried about the possible dangers of toxin exposures to his school age students. 

Meg Rosegay, a San Francisco lawyer/lobbyist representing the developer, fired back, “I’m worried about a meteor falling out of the sky, too.” 

The audience gasped at the remark. 

The critical moment came on Nov. 6, when Hancock and Cindy Montanez, a San Fernando Valley Democrat who chairs the Assembly’s powerful Rules Committee as well as the Select Environmental Justice Committee, held their hearing at UC Berkeley’s Richmond Field Station. 

A powerful address from Padgett drew a standing ovation, and by the time the hearing ended, both lawmakers said that site jurisdiction needed to go to the DTSC. 

But critics won only half a victory. After protracted negotiations in Sacramento, DTSC took control of the upland portion of the site, but the water board retained jurisdiction over the marshland. 

Excavations began, with the muck stored in an opened area of the upland waste site, drawing more fire from critics. 

Cherokee Simeon then agreed to truck the muck off to a landfill near Pittsburgh, which began over the last week. 

For Padgett and Carr, the changes represent only a limited victory. 

“It’s not what we asked for or what we expected,” Padgett said Thursday. “We wanted work to stop, followed by a complete reevaluation of the site and the plan.” 

“DTSC isn’t working with us,” Carr said. 

“They have a very close relationship to the company and a very distant relationship with us,” Padgett said. “We never got a plan, nor did we ever receive a clear statement of what the risks are to people who live and work near the site.” 

“Everything we get is filtered and sanitized,” Carr added. 

“Levine-Fricke identified over 150 different toxins in the marsh, yet they are currently monitoring for less than one in seven. They’re still not testing for PCBs,” Padgett said. 

With Weiner’s assistance, the BARRD activists are planning their next move, and as the year ends, the battle over Campus Bay is far from over. 

And, as the new year begins, yet another element of uncertainty clouds the future, thanks to the recent promotion of California Environmental Protection Agency Secretary Terry Tamminen to the position of chief of staff in the governor’s office. 

With no leader at the top and the appointment in the hands of a governor who is decidedly pro-developer, the fate of Campus Bay remains very much an open question. 

Meanwhile, the developer has brought in a new representative to handle negotiations, former Assembly Speaker and San Francisco Mayor Willie Brown. 

Adding still another element to the equation, UC Berkeley has floated plans to tranform the Richmond Field Station into a corporate/academic research park, and is currently engaged in talks with a private developer. 

Calls to Karen Stern, spokesperson for Cherokee Simeon, were not returned by deadline.?

New Landmarks, More Building Battles Marked 2004 By RICHARD BRENNEMAN

Monday January 03, 2005

The year just ending added some stellar landmarks to the city’s architectural pantheon, while triggering some feisty showdowns before the Berkeley Landmarks Preservation Commission (LPC). 

Berkeley’s first landmark of 2004 was the Mrs. Edmund P. King Building at 2501 Telegraph Ave., a classic Colonial Revival business building created for Stella King, who ran a dry goods business in the ground floor. 

Two other buildings were added at the same meeting, the 1924 Hillside Club at 2601 Cedar St. and the Morgan Building at 2053 Berkeley Way. 

In February, commissioners landmarked the Montgomery House at 45 Oak Ridge Road, an Italian Renaissance-style estate designed by architect Walter H. Ratcliff. 

On March 1, commissioners created Sisterna Historic District 106, only the second neighborhood designation since the city began landmarking. 

The 48-page extensively illustrated application was written by Blumenfeld and colleague Sarah Satterlee with the help of 14 other volunteers, including an archeologist, and architect and a woodworker. 

While many of the city’s landmarks honor large buildings, the modest cottages in the new district were built in the 1870s and ‘80s to house working class residents. 

Designation of the tract would play a major role in a drama that would consume many hours of the commission’s time in the months to come. 

On March 1, the LPC landmarked both the home and property at 2104 Sixth St., but only the land at 2108 Sixth St. because the structure itself had been significantly altered from its original Victorian features. 

Developer Michael Feiner, who planned to turn both cottages into duplexes, appealed the decision on May 12, and LPC hearings followed on June 7 and July 12, drawing substantial turnouts from preservationists and neighbors who spearheaded the landmarking on one side and architects and development-related partisans on the other.  

Feiner’s plans went through numerous revisions before commissioners finally gave their consent to his proposal on Nov. 1. 

In the year of celebrations marking the 35th anniversary of founding of People’s Park, it was especially fitting one of Berkeley’s new landmarks will be forever linked to those momentous events on Telegraph Avenue. 

On April 12, the commission bestowed a landmark designation on the structure at 2501 Telegraph Ave. It was on May 15, 1969, atop that 1888 structure, now the home of Krishna Copy and other merchants, that a hapless bystander was fatally shot in the back by an Alameda County Sheriff’s deputy. 

On June 7, Berkeley gained three new landmarks—although two are sited on UC Berkeley-owned property earmarked for possible demolition for a proposed hotel, conference center and museums complex the university plans for the heart of downtown. 

The largest addition was the University Press Building at the northwest corner of Center and Oxford streets—a 1939 New Deal Moderne creation where the original copies of the United Nations Charter were printed in 1945 for the signatures of delegates gathered in San Francisco in for the U.N.’s founding. 

The other UC-owned property landmarked in June were the 1911 storefronts at 2154-2160 University Ave., where the University has indicated it may build a parking structure for the proposed downtown hotel complex. 

Also added to the city’s landmarks in June was the single-story business building created by architect James Plachek at 2145 University. Built in 1915 to house Sill’s Grocery & Hardware Company, the structure today houses Berkeley Hardware. 

Another University Avenue buildings was added on July 12, the 1915 Ernest A. Heron Building at 2136–2140 University. 

In August, commissioners landmarked the 1906 Frederick H. Dakin Warehouse at 2759 Adeline St., built of hollow concrete block to create a fireproof structure in the wake of the vast fires created by the San Francisco earthquake earlier in the year. 

On Sept. 13, large contingents from the arts community and supporters of the Berkeley-East Bay Humane Society turned out for the airing of a proposal to landmark vintage West Berkeley buildings owned by the humane society and occupied, in part, by the artists. 

Both sides now say they want to preserve the structures, including a 1924 unreinforced two story brick building constructed by the Austin Company, the same firm that built two other Berkeley landmarks, the Heinz and Sawtooth Buildings. 

The artists want to stay, but the humane society needs more space, and the issue was still pending at year’s end. 

At that same meeting, commissioners got their first look at San Mateo developer Dan Deibel’s plans to create a block-square four-story condominium project at 700 University Ave. 

The block houses one landmark the developer has promised to spare, the pink-coated Southern Pacific Railroad Station, and two other structures that would be proposed as landmarks later in the year.  

On Oct. 4, commissioners took a look at one of Berkeley’s more famous existing landmarks, the 1930 Howard Automobile Building at 2140 Durant Ave., one of Berkeley’s last remaining Art Deco/Moderne buildings. 

The Buddhist Churches of America and the Institute of Buddhist Studies plan to turn the structure into a school, offices and study center, replete with a two-story addition. 

The building was designed by Frederic Reimers for Charles Howard, a former cavalry trooper turned bicycle mechanic who had become the nation’s largest Buick dealer in San Francisco. 

Howard’s wealth enabled him to become a leading player in the “sport of kings,” most notably as the owner of America’s most famous racehorse, Seabiscuit. The now-vacant structure remained a dealership for many years, most recently under the ownership of another sports legend, Reggie Jackson. 

The proposal was still pending by year’s end, but designs revised after commission criticisms seemed close to approval. 

The 700 University block was back on the commission’s agenda Nov. 1 in the form of proposals to landmark two buildings on the site, Brennan’s Irish Pub at Fourth Street and University, and Celia’s, a Mexican restaurant at 2040 Fourth St. 

While Celia’s owners have said they have no plans to reopen at the site, Deibel and the owners of Brennan’s, who favor demolition, have said the venerable pub will reopen in new quarters in the complex. 

After two sessions with no conclusion, the landmarking proposals will be back for the commission’s January meeting.  

On Nov. 1, commissioners were told they couldn’t act on a last-minute proposal to landmark a modest 1937 redwood home at 1650 La Vereda Trail designed by William Wurster, one of America’s most prominent mid-20th Century residential architects. 

Owned by Marguerite Rossetto, mother of WIRED Magazine cofounder Louis Rossetto, the home had been featured in several prominent books and magazines. 

Neighbors charged that the proposed addition was out-of-character with the home and would obstruct views. 

Because the two-story structural remodel had already been approved by the Zoning Adjustments Board, only the city council could remand the proposal back to ZAB and the commission. 

Brian Viani, a coauthor of the landmarking application, had already filed an appeal to the council, which obliged him later in the month. 

When the Rossettos and their supporters appeared before the commission in December, opponents won the landmark designation but lost the war when Architect John E. Holey offered an additional design for the remodel which would effectively create a modified mirror image clone, connected to the original by a breezeway. 

Commissioners liked what they saw and gave their blessings. 

One landmark sailed through at the same meeting without a single voice in opposition: The Webb Block, a three-story curved-front turn-of-the-20th-Century business at the corner of Ashby Avenue and Adeline Street. Designed by Charles W. McCall for Christopher Webb, the building once housed the pharmacy of Thomas E. Caldecott, who later became the Alameda County Supervisor whose name graces the most famous of the East Bay tunnels. 

The building is now houses some of the Bay Area’s most popular antique shops, and most commissioners said they thought it had already been landmarked.›

Measure R Proponents Contest Vote Recount By J. DOUGLAS ALLEN-TAYLOR

Monday January 03, 2005

Proponents of Berkeley’s medical marijuana Measure R have filed a state lawsuit contesting the recount of the proposition. 

The lawsuit charges that as a result of Registrar of Voters decisions surrounding the counting of computer votes, “voting in Alameda has devolved into an unverifiable, indeterminate, and secretive ritual.” 

The lawsuit was filed by fax in California Superior Court in Oakland on Friday afternoon on behalf of Americans For Safe Access (AFSA)—a Berkeley based national medical marijuana advocate organization—and three named Berkeley voter plaintiffs: Donald Tolbert, James Blair, and Michael Goodbar. The defendants are County of Alameda and Brad Clark, the county registrar of voters. 

Americans For Safe Access—one of the Measure R support organizations during last fall’s campaign—has taken a lead role in the Measure R fight now that the Yes On R Committee has begun gearing down its activities following the Nov. 2 vote. 

The measure had proposed eliminating limits on the amounts of medical marijuana that could be possessed by patients or caregivers in the city of Berkeley. In addition, it would have allowed any of the three existing dispensaries to move anywhere within the city’s retail zones. 

Santa Monica election rights attorney Greg Luke—who is representing the plaintiffs—said by telephone that the lawsuit was filed primarily to gain access to audit and backup records from the Nov. 2 voting contained in Diebold touchscreen voting machines. Luke said that without those records, it is impossible to tell whether or not the machines were tampered with, or whether the final tally represents an accurate count. Luke said that Measure R proponents had asked for those records from the Alameda County Registrar of Voters office as part of the recount procedure, but were refused. 

Representatives of the Alameda County Registrar of Voters office could not be reached late Friday to comment on the lawsuit. 

Proponents of Measure R requested a recount after the measure lost by 191 votes—25,167 to 24,976—in the Nov. 2 election. 

The lawsuit was filed even before final results of the recount were released. However AFSA spokesperson Debbie Goldsberry said that while preliminary results of the recount show that Measure R yes vote had “narrowed the gap slightly, we don’t expect that there will be enough to overturn the results.” 

But the manual recount—held over a two week period in a secure basement location in the Alameda County Courthouse—only involved the 28,700 paper ballots cast by Berkeley voters on Nov. 2. Another 31,500 ballots were cast by computer touchscreens. For those votes, the recount merely involved the Registrar of Voters computer giving back the same tally it gave on election night. 

And that, says Luke, is the problem. 

“The computer voting machines have three records by which the vote count is verified,” Luke said. “Without those, you do not have an accurate idea of what went on in the election.” 

One of these records, Luke said, is called “redundant data,” the vote tally that remains in each computer voting machine while a duplicate copy of the tally is put on a storage device, to be transmitted to the main county computer for its official vote tally. Comparing the tally in the storage device transmitted to the main computer with the tally on the voting machine would determine if the vote totals were inadvertently changed in transfer, or tampered with. 

A second series of records that the Measure R proponents requested were Diebold’s audit logs, a record of every transaction that occurred from the time the voting machines were prepared for the election to the time the votes were transmitted and tallied. A third record is a chain of custody records, showing who had access to the computers and the vote totals. 

Luke said that providing access to these records is consistent with California law on recounts. 

He said that the lawsuit did not ask for access to the source code that runs the Diebold voting computers, information which Diebold has refused to release on the grounds that it is proprietary information. 

Measure R proponent Goldsberry said that attempts by AFSA monitors to observe the machine recount met with some resistance. On Friday, she said, observers were told that they could not be in the room with the computers while the recount was occurring, but had to observe through a window from another room. Goldsberry said that after a protest, the observers were allowed inside the room. 

“There didn’t seem to be any standard as to how our observers were handled or where they were allowed to be, even during the manual recount,” Goldsberry said. “It seemed to vary, without reason, depending on which Registrar of Voters manager that was in charge at that moment. One of the problems seemed to be that this was the first time in a while that someone has requested a recount, and the Registrar’s office just didn’t seem to know how to handle it.” 

Goldsberry said that the recount of the paper ballots showed problems with the Nov. 2 tally. 

Goldsberry said that in 60 of Berkeley’s 88 precincts, the registrar’s office could not produce ballots for all of voters who signed up to vote in the Nov. 2 election. In most cases she said that the discrepancy was only one to four ballots but in one precinct, the count was off by 20. She said that a portion of the time during the recount was spent trying—unsuccessfully—to locate the missing ballots. 

On Wednesday morning, a reporter observed between eight and 10 Alameda County election workers sifting through thousands of absentee ballots. 

They were surrounded by hundreds of boxes of such ballots—400 boxes, according to Goldsbery—which filled metal cabinets, tables, dollies, and wall space in the basement counting area. Because the ballots were not sorted by city but were stored in batches of 500 in the order in which they were originally counted immediately following election day, workers had to flip through every absentee ballot cast in Alameda County. 

It was a tedious process. At one point a worker sang out, “I found one,” and another worker answered, wryly, “You’re pretty lucky; isn’t that your second one in less than two hours?” 

Luke, however, said that the lawsuit will not involve the recount of the paper ballots. 

The Bell Tolls for Berkeley Nonprofits By MATTHEW ARTZ

Monday January 03, 2005

In Berkeley, a new year will mean the clock has struck midnight for more than a dozen community agencies dependent on city funds. 

“There just isn’t any money to fund them,” said Berkeley’s Assistant City Manger Arrietta Chakos .  

When the City Council passed a budget last June that closed a $10.3 million dollar deficit, it extended six months of funding to local nonprofits—a total of $261,234—with the warning that funding would not be renewed unless voters passed a series of tax hikes. 

But in November, voters soundly defeated the tax measures, sending the agencies scurrying, often unsuccessfully, for other sources of cash. 

Among the programs hardest hit are a jobs and afterschool program run by Berkeley Youth Alternatives, an evening escort service for BART passengers run by the Berkeley Boosters, a low-income outreach program for the Habitot Children’s Museum, Housing Rights Inc., and a program to promote nutrition in low income areas run by Berkeley’s Ecology Center. 

In all, 14 community groups and programs will lose city funding from January through June. The groups already suffered cuts of 3 percent this year on top of cuts in the previous two years. Since 2002, the city has cut $16.3 million from its general fund. With a $7.5 million deficit looming next year, restored city funding for the nonprofits is in doubt when the next financial year begins in July. 

“Right now, we’re doing all we can to weather the storm,” said David Manson, executive director of the Berkeley Boosters, a service organization aligned with the Berkeley Police Department since 1995. The cuts will cost the Boosters’ Berkeley BART Escort program $19,643—roughly half the budget for the program that places high school aged youth at Berkeley BART stations to escort passengers home at night. 

In response to the cut, Manson this year hired eight escorts instead of the usual 12 and ended the program in December instead of March. 

The future of the escorts, and the Booster’s Berkeley Guides program, which hires youth to serve as ambassadors along Berkeley’s downtown, remains uncertain. Both are entirely funded by the city, and the current plan to close next year’s budget deficit includes eliminating both programs from the police department’s budget. 

“We’re trying to find private funding, but it’s proving pretty fruitless,” Manson said. After attempts to win grants from the Department of Homeland Security failed, Manson is pinning his hopes next year that the city will fund the program through its Office of Economic Development, which has more available money than the Police Department. 

Other cities, including Sacramento and Portland, fund similar programs through local businesses, but Manson said the local merchant association’s charter only allows it to pay for marketing and promotion. 

Habitot, a private children’s museum in downtown Berkeley, will lose $13,580—half of its annual funding—for a program that last year paid for 2,130 visits by low-income families. City funding accounts for about 2 percent of Habitot’s budget, all of which goes to the outreach program that offers free visits and memberships to qualifying families, said Gina Moreland, the museum’s executive director. She expected the cuts would mean at least 1,000 fewer museum visits in the first half of 2005.  

Berkeley Youth Alternatives, a service organization for underprivileged children and their families, will lose $34,000 in city funding over the next six months that had been earmarked for the organization’s afterschool program, youth jobs program and twilight basketball league. A donation from the Partnership Foundation has spared the basketball program through the spring, said BYA Executive Director Nikki Williams, but the afterschool program will have to close its doors to kindergarteners. The jobs program, which last year found work for 20 teenagers, will be scaled back as well, she said. 

Williams said BYA, which counts on the city for about 15 percent of its funding, could survive this round of cuts, but that additional cuts expected next year could eliminate services altogether. “That’s when it’s going to be really tough,” she said. 


Too Many Tax Measures Spells Defeat at the Polls By ROB WRENN

Special to the Planet
Monday January 03, 2005

In November’s election, Berkeley voters decisively rejected four City of Berkeley tax measures, while giving solid support to Measure B, a parcel tax for the schools. 

The results of the 2004 election are very similar to the results of the 2002 election where voters also faced multiple tax measures on the same ballot.  

In that election, they rejected two tax measures and a bond measure, while only narrowly approving a bond measure for a new animal shelter.  

The 2002 and 2004 elections signal that there are limits to the willingness of Berkeley voters to support additional city taxes. At the same time voters continue to show strong support for funding Berkeley schools. 

In a sharp departure from the previous two decades, since the November 2000 election, Berkeley voters have been asked to support a much larger number of tax measures on each ballot.  

In the 1980s and 1990s, in 10 election years, there were a total of eight tax and bond measures on the ballot, not including re-authorizations of existing taxes. Since 2000, in just three election years, sixteen measures have been put before the voters.  

From 1980 through 1998, facing no more than one new tax or bond per ballot, Berkeley voters approved four measures to establish or increase parcel taxes, and three bond measures.  

During this period, they also voted to reauthorize existing taxes by large margins. They rejected only one measure, a fire service fee in 1984.  

In 2000, at the end of the economic boom of the 1990s, voters were in a generous mood. Confronted for the first time with a large number of tax measures on the same ballot, they nonetheless approved three small city bond measures along with a very large bond measure for the schools.  

They also approved an increase in the parcel tax for landscaping and parks and a parcel tax for school maintenance. One parcel tax, for street lights, was rejected however. 

In 2002, after the economy had taken a turn for the worse, voters were in a less generous mood. Measure M, which would have increased the property transfer tax to provide funds for affordable housing, and Measure L, a parcel tax for pedestrian safety improvements, were both defeated.  

These measures along with a bond measure to retrofit Old City Hall were defeated even though there was not much of an active campaign against them.  

By contrast, the tax measures this year faced organized opposition, with campaign mailers funded in large part by contributions from a Berkeley Property Owners Association “Housing Justice Coalition”. 

It would be a mistake to conclude that Berkeley voters have become “anti-tax.” The strong support for Measure B shows a willingness to continue to tax themselves for things they see as priorities, but voters have clearly shown that there are limits to how many new taxes they are willing to absorb. 


Responding to Proposition 13 

To understand why the city has regularly gone to the voters for additional taxes, it helps to keep in mind the enormous impact that Proposition 13 has had on Berkeley and other cities. 

The passage of Proposition 13 in June 1978 created a major problem for Berkeley by severely limiting property tax revenues. Berkeley voters had opposed Proposition 13 by a 73 percent-27 percent margin.  

From 1978 through 1982, Berkeley’s revenues fell sharply. A drop in property tax revenues was exacerbated by cuts in federal funds. 

In the 1980s, Berkeley responded by enacting new taxes and assessments to undo the damage caused by Proposition 13 and ensure adequate funding to maintain city services and the schools.  

The Utility Users Tax, the Property Transfer Tax, and the Street Lighting and Landscaping assessments had all been enacted by 1985. Together, they generated about $8.4 million in revenue in the 1984-1985 fiscal year. The business license tax was also increased in this period.  

These taxes helped restore the city to fiscal health. 

Proposition 13 required a two-thirds vote to increase local non-property taxes, so other taxes that were enacted had to go before Berkeley voters for approval. 


Progressive Over Regressive 

Of the five taxes on the November 2004 ballot, Measure J, the measure to increase the utility users tax from 7.5 percent to 9 percent for four years, was the least popular. While it required only 50 percent to pass, it failed to gain a majority of votes in a single precinct. It topped 40 percent in only three City Council districts. 

The across-the-board rejection of Measure J is not hard to understand as it was the most regressive of the four taxes and would have affected a large majority of the city’s residents including tenants. 

It was strongly rejected in student areas and tenant neighborhoods as well as by hills residents and flatlands homeowners. 

The fact that Measure J revenues were not earmarked for a specific purpose, but would have gone to the General Fund for “general governmental purposes” may have also been a factor in its defeat. 

Measure K, a proposal to fund youth services by increasing the property transfer tax on sales of $600,000 or more garnered the most support from voters.  

It would have impacted the smallest number of residents and was clearly the most progressive tax, one that would have fallen more heavily on more affluent homeowners.  

Measure K, which won 54 percent of the vote citywide, won majorities in six of the city’s eight council districts. It won the two-thirds or more needed for passage in 15 of the city’s 88 precincts, including student-dominated precincts within half-mile of the UC campus and in South Berkeley south of Ashby.  

The impact of student precincts on the citywide results was not as great as it could have been because many students did not vote on one or more of the tax measures. In student precincts, there were at least 20 percent and in some cases more than 40 percent blank votes cast on each tax measure. 

By contrast, citywide, blank voting ranged from 13.2 percent on Measure B to 18.8 percent on Measure M. 


No Rescue for the Libraries 

Measure L for the libraries failed to win two-thirds support in a single precinct. It did win a majority of the vote in five Council districts. In hills areas, it won more support than any of the other city tax measures, but fell short of 50 percent.  

It also failed to gain even majority support in most precincts in the San Pablo Park area of District 2, an area that has traditionally been supportive of tax measures. 

The original library tax, the Library Relief Act of 1980, was the first tax to go to the voters after the passage of Prop. 13. It passed with 69.3 percent of the vote. In 1988, voters agreed to amend the Library Relief Act to increase the tax rate by a narrower 67-33 percent margin.  

The amended tax was designed to generate enough revenue to keep the Main Library open on Sunday and the branches six days a week. 

The library parcel tax and other parcel taxes allow for inflation adjustments without going back to the voters, but when costs rise faster than the rate of inflation, the tax fails to generate sufficient revenue to cover costs.  

Costs have risen faster than inflation and this has led once again to the more limited hours and Sunday closure that the 1988 measure was designed to prevent. And this time around voters who reauthorized the current library tax in 2000, were not willing to increase the tax rate further. 

The City Council could provide the libraries with some General Fund money to supplement the amounts generated by the Library Tax, but this is unlikely to happen with all the demands being made on the General Fund. 

In the last four years the share of the General Fund going to the police and fire departments has increased from 45 percent to 51 percent, leaving less money available for other city services and programs. The cost of salaries and benefits per employee for the police department have increased by 43 percent in just four years. 


Support Continues for Schools 

While the city tax measures fared poorly, Measure B, a two-year parcel tax for the schools, won handily, with 72.2 percent. It garnered the necessary two-thirds or more in 67 precincts. It fell short primarily in hills precincts of Districts 5, 6 and 8. Only one flatlands precinct, in West Berkeley, fell short of two-thirds and only by a few votes. 

Measure B is the third parcel tax that voters have approved for Berkeley’s schools. They have also approved two bond measures, one for $158 million in 1992 and one for $116.5 million in 2000. 

Altitude continues to play a role in Berkeley politics. Hills areas close to Tilden Park and Kensington in Districts 5 and 6, and above Claremont Avenue in District 8 produced the smallest percentages of yes votes on all four measures. These same areas also failed to produce two-thirds support for the more closely contested bond measures and parcel taxes in the 1990s.  




Berkeley’s Best: Nomad Cafe By MICHAEL KATZ

Monday January 03, 2005

Nomad Café 

6500 Shattuck Ave., Oakland www.nomadcafe.net 


On an unassuming block of Shattuck Avenue just over the Oakland line, Nomad Café puts a 21st-century spin on what Bay Area coffeehouses did in their 1950s-’70s heyday: provide welcoming places that brewed up great coffee, lively arts, and visions of a better world. 

Nomad sponsors cozy live music on weekends (when candles appear on the tables) and offers high-speed Internet terminals and connections whenever it’s open. Its menu includes tasty paninni, light Mediterranean meals, baked goods, breakfast dishes, smoothies, and teas. The coffee is so fresh and explosively delicious that you’ll wonder whether other coffeehouses have been unable to find their espresso machines’ “on” switches for the last 20 years. 

The idealism on tap here is environmental: Nomad Café is so proud of its low energy and water bills that it posts them on the Web. It’s also proud of winning waste-reduction awards. (This is one coffeehouse where you needn’t beg for “real” cups, plates, or cutlery.) You get a choice of recycling and compost bins, but the trash is hidden. 

—Michael Katzc

Ohio GOP Election Officials Ducking Subpoenas By BOB FITRAKIS, STEVE ROSENFELD and HARVEY WASSERMAN

The Columbus (Ohio) Free Press
Monday January 03, 2005

Ohio Republican Secretary of State J. Kenneth Blackwell refused to appear at a deposition on Monday, Dec. 27. The deposition was part of an election challenge lawsuit filed at the Ohio Supreme Court. Meanwhile John Kerry is reported to have filed a federal legal action aimed at preserving crucial recount evidence, which has been under GOP assault throughout the state.  

Richard Conglianese, Ohio assistant attorney general, is seeking a court order to protect Blackwell from testifying under oath about how the election was run. Blackwell, who administered Ohio’s Nov. 2 balloting, served as co-chair of the Bush-Cheney campaign.  

James R. Dicks, Miami County assistant prosecuting attorney, filed a motion to block a subpoena in his county while Conglianese filed to block subpoenas in 10 key Ohio counties.  

President George Bush, Vice-President Richard Cheney and White House Political Advisor Karl Rove received notice that they will be deposed Tuesday and Wednesday, Dec. 28 and 29. The trio’s Ohio attorney, Kurt Tunnell, so far claims his clients have not been properly served. Under Ohio law, the Republican-dominated Ohio Supreme Court is responsible for serving the three.  

Meanwhile, the Election Protection legal team has collected new statements under oath describing more voting and vote-counting problems on Nov. 2.  

Voters in Trumbull County have testified that on election day they received punch-card ballots where holes were already punched for Bush. Meanwhile, a notarized affidavit signed by Angela Greene, who voted at Whitehall Yearling High School in central Ohio’s Franklin County, stated that one of the malfunctioning electronic voting machines at her polling place was delivered without a cartridge—meaning votes cast might have gone uncounted.  

In Miami County, Blackwell certified a 98.6 percent turnout in the Concord Southwest precinct, comprised of 520 votes for Bush and 157 for Kerry. This statistically improbable turnout has all but 10 of the 689 registered voters casting their ballots on election day. A preliminary canvas by The Free Press of less than half the precinct found 25 registered voters admitting they had not voted, meaning the official tally was almost certainly fraudulent.  

The nearby Concord South precinct certified a 94.27 percent voter turnout, with 468 alleged votes for Bush versus 182 for Kerry. Miami County is included in the election challenge since it somehow reported nearly 19,000 additional votes after 100 percent of the precincts had reported on election day.  

In Madison County, where public records requests were filed to obtain voting records, the voting results provided by the Madison County Board of Elections came directly from a private company, Triad Governmental Systems, Inc. An email dated Nov. 29, 2004 from Brandon Sandlin of Triad reads as follows: “Hello to all in Madison County! Attached you will find the cumulative report (oh49unov.pdf) with over and under votes reported as well as the official abstract (oh49abs.pdf). These reports may be printed for your records and then mailed to the state along with your other certification reports.” Coming from a private corporation, Triad’ s letter underscores the barriers to making a reliable independent public assessment and recount of Ohio’s presidential tally.  

In Mahoning County, the Washington Post reported new affidavits documenting electronic “vote hopping” from Kerry to Bush. This means voting machines highlighted the choice for Bush before the voter recorded a choice of his or her own. The legal team has been told by a computer expert that this may mean the machines were pre-set on a Bush vote as a default. The Free Press has obtained dozens of such sworn statements of vote hopping.  

The legal team is also exploring new evidence that in Coshocton, Ohio, write-in votes wrongly defaulted to Bush when run through the voting machine.  

On Dec. 23, U.S. Representative John Conyers, Jr. of the House Judiciary Committee, wrote a letter to Triad President Brett A. Rapp inquiring whether or not Triad possessed remote access capabilities for any of the 41 counties where its election tabulation software or computers are in use.  

Attorneys for the election challenge team are also exploring ties between Triad and the Tallahassee-based company Datamaxx. Ohio public safety and police agencies use the Datamaxx DMPP2020 software for its LEADS computer systems. Datamaxx makes numerous remote access products that law enforcement can access with mobile and handheld computers. CommSys, a Dayton, Ohio-based company provides technical support for Datamaxx.  

The Free Press has also obtained a list of all voting machines assigned in Franklin County, including serial numbers. The list contains at least 42 machines originally assigned to predominantly African-American and inner city wards that voted 80 percent for Kerry, and where voters waited in line for three hours and more on election day. These 42 machines were blacked out on the list, raising the question of whether these were among the 68 machines the Franklin County Board of Elections has admitted holding back in the warehouse despite obvious shortages at certain polling places. Affidavits from poll workers confirm that numerous requests for more machines were made through election day, but that few if any were delivered.  

Franklin County Board of Elections Chair Bill Anthony claims that low-level poll workers refused to accept the machines assigned by high-ranking election officials. But he has yet to provide specific details. Anthony has repeatedly claimed that he was a watchdog for Democratic interests in the election, but he was a political appointee of the Republican Secretary of State.  

Under Ohio election law, the members, directors and deputy directors of all boards of elections are assigned by the Secretary of State. They hold these paying jobs at his discretion regardless of whether they are Democrat or Republican. A major argument of those who claim Ohio’s 2004 presidential election was fraud-free centers on the myth that local precincts are run as bipartisan operations, deflecting charges of partisan interference while failing to account for the fact that the principles all owe their jobs to the secretary of state, who in this case served as co-chair of the state’s Bush-Cheney campaign.  

These problems add to the established pattern of problems that favored Bush at Kerry’s expense.  

Despite the legal stonewalling, lawyers directing the election challenge case are still pursuing evidence-gathering efforts. Three expert witnesses are scheduled to be deposed on Thursday and Friday, including specialists in statistics and vote counting irregularities.  

The challengers are seeking a Jan. 4 hearing before the Ohio Supreme Court. Members of Congress meet in Washington on Jan. 6 to evaluate the Electoral College vote. Led by Rep. Conyers (D-MI), it is virtually certain numerous members of the Congressional Black Caucus will challenge that vote. But the assent of a senator is required for the challenge to go forward, and thus far none has definitively confirmed.  

Despite ducking depositions, Blackwell is escalating his public appearances in hopes of becoming Ohio’ s next governor. On Jan. 12, Blackwell is scheduled to speak at the exclusive Scioto Country Club on the topic of “Ethics in Leadership.” Blackwell became nationally known after disenfranchising voters who had not registered on 80-pound bond paper stock under an archaic Ohio law. He reversed longstanding Ohio tradition that allowed voters to cast provisional votes by county by ruling that none of these votes would be counted unless the voter was in the right precinct. He also was recently censured for running a “get out the vote” campaign for Issue One, a Constitutional amendment banning gay marriage and spousal benefits.  

Meanwhile, Sen. John Kerry (D-MA) was reported to be filing a brief in federal court in relation to the activities of Triad and events in Hocking County, where serious questions have arisen as to the integrity of the recount. Kerry previously circulated a letter to all 88 counties requesting information on how the vote was conducted. The Kerry campaign raised millions of dollars from grassroots supporters with the promise that “all votes would be counted.” But the Democrats are not known to have helped fund the legal work of the Green and Libertarian Parties and their grassroots Election Protection supporters, who have raised the money for the shoestring campaign that has kept the legal challenges alive thus far.  

An Election Protection rally in downtown Columbus has been set by Rev. Jesse Jackson for 2 p.m. Monday, Jan. 3. It will be followed by a national gathering in Washington Jan. 6, to take place as Congress evaluates the Electoral College and the Ohio votes, which have allegedly given George W. Bush another term in the White House.  


Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman are co-authors of the upcoming Ohio’s Stolen Election: Voices of the Disenfranchised, 2004, a book and film project from http://freepress.org.?

Local Activists Back Plan to Challenge Presidential Vote By J. DOUGLAS ALLEN-TAYLOR

Monday January 03, 2005

Bay Area social and political activists have scheduled two actions in the next few days in support of a pending Jan. 6 Congressional challenge of the Nov. 2 presidential election. 

For the challenge to be heard before Congress, at least one U.S. senator must first support the motion. Wellstone Democratic Club Voting Rights Task Force chair Don Goldmacher said that he has pressed the issue with U.S. Sen. Barbara Boxer’s chief of staff. 

“Boxer is reluctant to step into an issue in another state without being asked,” Goldmacher said. He added that, as far as he knows, “Senator Diane Feinstein’s office isn’t talking with anyone from our side on this issue.” 

On Monday a rally will be held at noon outside of Boxer’s San Francisco office at 1700 Montgomery St. Activists expect to present her with petitions asking her to join in the election challenge. 

The day before, on Sunday, the Berkeley Fellowship of Unitarian Universalists’ (BFUU) Social Justice Committee is holding a Votergate Panel Discussion from 2-4 p.m. at the BFUU Hall at Cedar and Bonita Streets in Berkeley. Scheduled speakers at the BFUU Hall event are lawyer/activist Bill Simpich, “Radical Spirit” author and political commentator Stephen Dinan, and Berkeley City Councilmember Dona Spring. 

The Sunday discussion is about “how the November election was stolen and on the disenfranchisement of American voters, particularly minority voters” , according to Berkeley Peace and Justice Commissioner Phoebe Sorgen, co-chair of the Social Justice Committee of the BFUU, and it is intended to encourage participation in the San Francisco rally the next day. 

Berkeley voting activist Judy Bertelsen said in a statement that participants at the Jan. 3 San Francisco rally “will be seeking to prevent a repeat of the shameful day chronicled in Michael Moore’s film Farenheit 9/11 in which members of the Congressional Black Caucus could find no senator to support their call for a challenge to the results of the 2000 election.”  

The rally will focus on complaints of voter suppression and problems with voting machines in Ohio and other parts of the country. 

Rally speakers include Berkeley City Councilmember Max Anderson, United Farm Workers co-founder Dolores Huerta, labor/civil rights attorney Walter Riley, Margot Smith of the Gray Panthers, Michael Eisenscher of U.S. Labor Against the War, Wellstone Democratic Club Voting Rights Task Force chair Don Goldmacher, AFL-CIO S.F. Labor Council executive director Tim Paulson, and Michael Goldstein of the Harvey Milk LBGT Democratic Club of San Francisco. 

The Monday rally is being co-sponsored by the Wellstone Democratic Renewal Club of the East Bay, the Dean Democratic Club of Silicon Valley, Bay Area United for Peace and Justice, redefeatbush.com, and East Bay Votes. 

“While the chances are slim of overturning the results of the election,” Sorgen said, “we see this as a way to create awareness within the country so that we can move toward meaningful political reform.”

Letters to the Editor

Monday January 03, 2005


Editors, Daily Planet:  

The Marin one-lane-each-way proposal needs support from the off-peak drivers who make up two thirds of the traffic. The proposal will serve these drivers better because it will be safer and easier to drive with the bikers and left turners out of the way and a full width lane to drive in 

Robert C. Chioino 




Editors, Daily Planet:  

As an old time Berkeley taxpayer, I am seldom amazed at some of the city’s waste of public funds. However, the Bicycle Boulevard really takes the cake. With gaudy signs and mileage indicators and street markings we now have a Bicycle Boulevard. I see families with their children take over both sides of Virginia Street, oblivious to auto traffic. I use to ride a bike, and I still drive, but I would like to find out if there’s a city ordinance governing the mutual use of the boulevard. 

I’ve not been able to get an answer from the bureaucrats. 

Ray Quan 




Editors, Daily Planet:  

We in Berkeley have absolutely no idea about the other half of America. The other half is deeply dedicated to bias, hatred, racism, born-again Christianity, and John Wayne machoism, and therefore, a loathing of homosexuality, atheism, intellectuals, Jews, Hollywood, sexuality, and so forth. They feel strongly that America is imitating the fall of the Roman Empire, with its licentiousness, its sin, its paganism, its groveling in the filth and evil of satanic sensuality. Do you get the feeling? That’s the way they think of us. I correspond with a high school friend in Columbus Georgia and she wants to save me from perdition. She likes me and wants to save me from the torture of the eternal fire because I didn’t vote for Bush. She’s not kidding! These are the folks that inhabit perhaps half of America today. This is the reason that Bush is president and the reason that we have so very much to fear what lies ahead. 

Robert Blau 



Editors, Daily Planet:  

I’m writing in response to the recent letter by Zelda Bronstein decrying the City Council’s approval of a use permit for the expansion of Jeremy’s clothing store on College Avenue in the Elmwood shopping district. Zelda as well as others opposed allowing the expansion of Jeremy’s on the basis that it exceeded the Elmwood commercial district quota system for clothing stores. The problem is this quota system has not been uniformly adhered to for some years. Therefore it would’ve been unfair for the council to have selectively applied it to the owners of Jeremy’s. (Courts of law have also consistently upheld that laws must not be selectively enforced.) 

The question is why wasn’t the quota system being adhered to in the last several years? The city staff report explains that when the use permit for Jeremy’s was first granted that the staff erred in not reporting that this use would exceed the quota on clothing stores in the Elmwood commercial district. The decision on this original use permit was not appealed to the City Council. So now it would be unfair to the owners of Jeremy’s, after so many years of building and investing in their business, to have denied its ability to expand on the basis that it should never have been granted a use permit in the first place. In the past few years, the city has allowed seven other Elmwood District businesses to expand (I recall only one of these expansions being appealed to the City Council and that was almost 10 years ago).  

The quotas established almost 20 years ago may need fine-tuning for today’s business climate. Given Jeremy’s success and its contribution to the vitality of the Elmwood District, the quota system seems to need to be more flexible.  

I support quotas to enhance the health and diversity of our commercial shopping districts. However, if the city does establish zoning rules they should be fairly and uniformly applied. I share citizens’ frustrations when this does not happen. 

Dona Spring 

District 4 City Councilmember 




Editors, Daily Planet:  

Berkeley liberals just crack me up. For years, Berkeley liberals have been among the strongest supporters of our insane level of mass immigration, whereby 3 million new people are being added to the U.S. population every year, almost entirely due to recent immigrants and their offspring (why, it’s “cultural diversity”). Now, these very same Berkeley liberals are all bitterly complaining about all the hideous, big, new buildings that are being jammed into every conceivable inch of spare space. Great. 

And here’s something else that I hope everyone in California is deeply considering: 18 million new immigrants are projected to come flooding into California over the next 20 years. That’s the equivalent of 20 cities the size of San Francisco! Does anybody out there happen to know where the endless millions of new homes are where these people are going to live? Well, we’re all going to find out, all right. 

Peter Labriola 




Editors, Daily Planet:  

Thank you for another fine reader’s edition. 

I note with pride your poetry entries, that included five from the Ina Coolbrith Poetry Circle, plus one by my friend, neighbor and Daily Planet postman, Bill Trampleasure. 

Adam David Miller 




Editors, Daily Planet:  

A psychiatrist shouldn’t be surprised at history repeating itself, at one more deja vu. Yet I am feeling nauseous that we are about to see a rerun of the opening of Fahrenheit 9-11; remember Al Gore gaveling down the Black Caucus as they tried to present evidence of the 2000 election fraud? Not a single Democratic senator would sign on—it only would have taken one to mandate a hearing. This wouldn’t have resulted in Gore’s winning the White House, but it would have generated much needed attention—and perhaps made it harder for a repeat wimp-out. 

In a week this unbelievable scenario will be repeated. The Black Caucus will present evidence of fraud, then they will be denied a hearing since no senator will sign on—as of this moment. Not Ted Kennedy, with a seat so safe nothing he did would defeat him; nor Robert Byrd, whose eloquent dissents stirred us, and who’s not even running this time. 

So, folks, let’s make the election theft of 2008 a little more difficult, and put some heat on the Democratic senators. 

Neal Blumenfeld 


A Longer-Range View of Oakland’s Homicides By J.DOUGLAS ALLEN-TAYLOR

Monday January 03, 2005

Most Oaklanders—crossing racial, ethnic, age, community, and class differences—want a significant end to the murders in their city. Oakland Mayor Jerry Brown—deep in his run for California attorney general in the election two years away—needs for it to appear that Oakland murders are ending. There is, you can guess, a significant difference between the two positions. 

If you needed a good example of the above, one was provided this week by our friends at the San Francisco Chronicle in the article headlined “Oakland-Homicide rate plummeting,” with the helpful, explanatory subhead (in case you didn’t get the point) “Down 23 percent to date, and police expect decline to continue.”  

Of course the Chronicle—like all newspapers—is responsible for its own take on things, but newspapers are sometimes assisted along the way by helpful public officials, and this headline and article have all the makings of a Jerry Brown spin. 

The article says that “police and community leaders attribute [the homicide rate drop] to an ambitious anti-violence plan,” which Mr. Brown explains has police “focused on suppressing drug deals in hot spots and open-air drug markets.” We will return to those thoughts, in a moment. 

First, though, a look at the chart which accompanies the article, and which shows the number of Oakland homicides this year and every year back through 1989. And if you look only at the last three years of the chart you will conclude that, yes, homicides have gone down in Oakland, from a spike of 113 and 114 in 2002 and 2003 to 88 going into the last couple of days of 2004. 

But if we are concerned with long-term trends—that is, with where things appear to be going, rather than where they are—a look at the entire 16-year run of the chart gives a slightly different impression. 

1989 through 1995 shows homicides in Oakland holding depressingly steady around 150 to 160 a year, peaking at 175 in 1992. This was the period just past the height of the crack epidemic, when battles were still going on to control the street corner drug traffic, and automatic weapons fire could be heard across the city on any given night. 

That trend began to break in the last years of the Elihu Harris administration and the first year of the Brown administration, dropping 50 percent between 1995 and 1996 (153 homicides down to 102), and then dropping sharply again from 110 in 1997 down to the 16 year low of 68 in 1999. That five-year period, 1995 through 1999, is where Oakland actually saw a massive, sustained drop in its rate of homicides. 

It might be instructive to our present situation to determine how, and why, that homicide rate drop happened. A victory in the street corner drug wars by one side or the other? Successes by the police in violence prevention? Some combination of the two? Some other factors? It certainly would be in Oakland’s interests to know, to see if the lessons can be applied to the present situation. But it might not be in Mayor Brown’s interests, since all of that occurred before the effects of his administration began to take hold. And so, on this important issue, we have no official findings. 

If we look at both the 68 homicides in 1999 and the two-year 113-114 spike in 2002-03 as statistical aberrations, we see that the trend of Oakland’s homicides is actually going slightly up during the Jerry Brown years—from the low 80s just before he took office, to the high 80s two years before he is due to leave us. 

Should Jerry Brown be blamed for presiding over a rising homicide rate in Oakland? That’s something for California voters to decide when Mr. Brown comes before them in 2006 as a candidate for attorney general. But meanwhile, Oaklanders must be forgiven if we gag on the spin. 

Oakland police, Mr. Brown tells us, have “focused on suppressing drug deals in hot spots and open-air drug markets.” Really? I’m not sure what’s happening to the north and the west, but in the East Oakland neighborhood where I grew up, the open-air drug locations which were in place when I returned in the late 1980s are the same ones in place today. Once in a while there have been stings and busts and activity has temporarily slowed, only to return—shortly—to its previous level. In fact, drive-through drug operations appear to be expanding in East Oakland in recent months, with dealers establishing themselves on new corners, and becoming more brazen in their established locations. I come by this information not by any special knowledge or practice of sophisticated police surveillance techniques, merely by driving through my own neighborhood. But, then, I’m not certain if Mr. Brown ever drives through my neighborhood. 

But more important than hype and misstatements from the Brown administration is what is missing entirely: some sense of a long-range plan to address Oakland’s violence. That is something which is important for people who intend to make Oakland their long-term home, less important to someone—the mayor, perhaps?—who sees this merely as a way-station to other places. Part of that long-range plan would, necessarily, begin with some commitment to Oakland’s youth, to keep them from becoming either victims of criminal violence or criminals themselves. 

In October, San Francisco Mayor Gavin Newsom made youth a priority in his State of the City address, stating, in part, “Today, San Francisco has 42 youth in the California Youth Authority. I believe the CYA is no place to send our children. … Today, I am announcing that we are convening a task force [that] will develop a plan to ensure that none of San Francisco’s children will be sent to the CYA. This plan will be in place by the end of my term.”  

I have no idea of the sincerity of Mr. Newsom, or whether his task force and plan will ever work. But words have a power, and the San Francisco mayor’s words—“San Francisco’s children”—in effect, “our children”—are refreshing in their indication of inclusion. 

By contrast, Mr. Brown does not seem to hold the view that the young people of Oakland are Oakland’s responsibility in general and his responsibility in particular, or the understanding that putting his arms around the youth of Oakland in 2004-05 will pay dividends for the city and all of its citizens in 2014-15, and all the years beyond. Instead, we have seen Mayor Brown once hire a Parks and Recreation director—remember Harry Edwards—who managed to have the recreation centers closed down for the summer, and the mayor watched quietly over the gradual destruction of the Oakland Unified School District while raising a hand only to protect his two charter schools. 

Forgive me, then, if I don’t seem impressed by a one-year decrease in the number of Oakland homicides. That’s great for the 20 extra people who lived through the year. Not so great, if they make it merely to become part of 2005’s statistic. A discussion by Oaklanders of long-term solutions—beyond the terms of the present politicians—is in order, and long overdue. 


In Defense of Oakland School for the Arts By By MARIAN O’BRIEN and KEITH WHITAKER Commentary

Monday January 03, 2005

We are parents of a current Oakland School for the Arts junior. She is a member of the first class to begin the school. Not only will we sign our letter, so as not to be speaking out anonymously, we can provide you with any number of parents you choose, who would like to be interviewed regarding specific information about the benefits their child has received from being at the school, and our hopes for other children who will benefit from the school in the future. 

We are not familiar with the Daily Planet’s editorial policy. Publishing anonymously circulated information is a tricky proposition, and we would wonder if maybe the “report card” has more personal agenda connected to it that should be scrutinized. We would invite you to take us up on our offer to tell you the productive and positive side of the story. Parents who are new to the school would do well to familiarize themselves with the history and successes of the past three years with parents other than those who have taken their students out of the school. One wonders why they feel the need to issue a “report card” on a school that they no longer attend. Feelings of “betrayal and disappointment” feel immature and misguided when presented anonymously in an attack against this institution. Retaliation against their students, for the problems of their parents, which they reportedly fear, is not within the scope of how this school operates. Let us make that perfectly clear. In our three years with this school, we have been deeply moved and impressed by the willingness that the administration has shown to respond to a wide variety of issues. We have always gotten answers to our questions and attention paid to our concerns. And we are not alone. This, keeping in mind that it is a new school and, yes, maybe things didn’t happen exactly the way maybe we wished they had—if there had been more time, more money, more experience and more help from all the parents. The move to the new site was an enormous challenge that was dealt with effectively, again with flexibility of the staff, the students and many of the parents who pitched in. The portables are as good as they can be and are clean and warm, and are being personalized. The students are beginning to take ownership of the campus and it will continue to bloom, showing their footprint. The new tent will soon give them their central meeting place with cafeteria and performance space. 

The heart and intent of the school, Mayor Brown’s vision of a school where students could be challenged and rise to perform social and artistic good has happened, is happening. The students who have embraced the hard work, the long days from 8 a.m-5:30 p.m., and yes, the vagaries that can happen in a young institution, with flexibility—the parents who have offered help, solutions, cooperation, and faith—have had good results in return. Our daughter has said to us repeatedly over the past three years that she wouldn’t rather be anywhere else but at OSA. She feels that it has brought her an immeasurable wealth of experience, exposure and an amazing education this far. And she complains sometimes too, but doesn’t every teenager? We would challenge any parent of a 14- to 17-year-old to tell us their student hasn’t complained about their school. I would also challenge parents to tell us that their child feels safe, cared for, attended to when it is needed, and supported in the highest ideals for their future. Our small school can provide this. We can vouch for it as can many others. OSA is leading the way to better education, in many ways. 

The quality level of the teaching staff is impressive. Yes, some of the teachers at OSA are young. But let there be no mistake, they are not unqualified to teach our students. They will perform to meet state requirements, of course. They have come here from all over the country (and so, of course, some don’t have CA requirements met) to have the experience and honor of teaching in such a remarkable school as OSA. They are coming from the best colleges in the country. Application numbers are high when positions are advertised. Try interviewing some of these amazing people and we defy you to come away thinking or being able to say they are not qualified. The attrition rate is probably no more than would be experienced in any public school, maybe even private schools as well, when it is considered that an entire year’s worth of teachers have to be hired at a time! The first year we had over 100 students with their core academic and arts teachers. Every year again, that many more teachers have had to be newly hired! Couldn’t any sensible person see attrition probability there? Really! Our dedicated teachers show up. They know their students. They care and they teach and each one of them brings increasing value to the school. Anyone who has ever hired people knows that you don’t always realize what is presented by an employee, and would also recognize that it isn’t always a perfect fit either, on both sides. We believe the attrition rate would improve if the teachers, many of whom are working 12-14 hours a day, were supported by more parents more fully. Administrative staffing changes are always unfortunate, but again, in a young institution that is by necessity constantly evolving, it will happen until the school has matured. 

We attended the first public meeting that OSA offered before opening to meet Mr. Berry and interested students and their parents. He was entirely up front in saying that the school was an experiment driven by high ideals, and that they anticipated it to reflect some of the same kinds of issues that parents have with their first child. You would have the highest vision, give the child your most in terms of care, ask for as much help as you could and hope for the best. He also said that he anticipated that they would make mistakes, just like first-time parents do, and that they would grow from the mistakes. Any honest parent would acknowledge this process. Our experience with this school has been that they have lived up to exactly what they set out to do, in spite of having to deal with some really, truly unhelpful parents. Mistakes have been made, of course, and acknowledged, and incredible growth and improvement has come in the past three years thanks to much dedicated work by the administration with the mayor and the board’s support, staff, parents, students and the community. But, everything from economics, to politics, to terrorist attacks from some people in the community who have, frankly, questionable motives in their reasons for attacking the school, have turned up in the past three years to make the mistakes pale by comparison to the negative effects the attacks have had. 

At a time when our schools are struggling on all sides to provide a decent public education, the thought that anyone would try to slander and undermine an institution that is doing so much good is hard to believe. 

Our hopes for our daughter’s education have been exceeded at OSA, both artistically and in basic human terms. For those who need a more concrete measure, one only needs to refer to recent district-wide test results which show OSA students substantially outscoring virtually every other Oakland high school. The school also has an attendance rate consistently in the high 90th percentile. The vision of the artistic direction, the academic commitment, the ability of Mayor Brown and his supporters to help the school grow and thrive, the incredible students we have—we invite you to look further. These students are no different than others, really. They are curious and interested—they are open to learning respect for themselves and each other, being taught to collaborate, learning humility... and greatness. We, as parents, have supported them, and the school. We have questioned, offered solutions, and had faith. We feel that it is showing the rewards of our work. We have a great deal of difficulty with those parents who have chosen to leave the school, (and those that are planning to leave) that are throwing poisoned darts as they hide behind their anonymity. There is nothing but honesty and transparency behind this letter and we urge the Berkeley Daily Planet, now that it has chosen to print this article, to display another, much larger and more productive point of view of the situation at Oakland School for the Arts. 


Marian O’Brien and Keith Whitaker are the parents of an Oakland School for the Arts student. 

KPFA Board Election Challenge Enters Unclear Territory By CAROL SPOONER Commentary

Monday January 03, 2005

While I share Brian Edwards-Tiekert’s frustration at KPFA’s messed-up elections (“Democracy Derailed at KPFA,” Daily Planet, Dec. 28-30), he has mischaracterized the issue as factional. I believe the real question is: What should the Local Station Board do under Pacifica’s bylaws in the case of an elections challenge to insure that the election is legally certified and the proper winners are legally seated? 

The LSB was informed that a challenge to the KPFA staff elections had been sent to National Elections Supervisor Kenny Mostern, and that the challenge was brought by enough staff members who did not receive ballots to change the outcome of the staff election. Under Pacifica’s bylaws, the LSB does not have the authority to resolve the challenge. The National Elections Supervisor is the only person who has that authority. So the LSB decided not to seat new staff delegates until learning what the decision of the National Elections Supervisor would be on the challenge to the staff election. 

If the shoe had been on the other foot—which it most likely would have been had Miguel Molina edged out Eric Parks for a staff seat on the LSB by less than two votes since people from both staff “factions” were asking for the staff election to be redone prior to the vote count on the grounds that many staff members did not receive ballots—if the challenge had been brought by Eric Parks rather than Solange Echevarria and Miguel Molina, I believe the LSB would have done the same thing. I really don’t believe the issue is a factional one, but rather one of the principle of determining the legal outcome of an election prior to seating the winner(s). 

There is certainly room to disagree on the principle of waiting for the national elections supervisor to resolve the challenge prior to seating new staff delegates. A principled argument could also be made to seat the new staff delegates and leave it up to the NES to “unseat” them later if he decided the election challenge was well-taken and decided to redo the staff election.  

However, I think it was wisest for the LSB to find out what the NES was going to do before seating new delegates.  

The elections supervisor’s report was subsequently posted at www.pacifica.org—scroll down the right side of the page to the Pacifica Elections section. It’s a 244-page pdf file!  

The LSB did not have this report at the time it was faced with deciding what to do about the elections challenge. According to a memo from Pacifica Executive Director Dan Coughlin to the LSB last week—“The national elections supervisor reports that he has reviewed the concerns and/or appeals of the KPFA staff candidate in relation to the election. I understand that he has spoken to that issue in e-mail form. He tells me that he referred to the specific issue raised by the appeal in Section 5 of his final report entitled, “Design, Production and Mailing of Ballots and Replacement Ballots.” [Note: I have not seen any e-mails from the elections supervisor speaking to the issue.]  

Based on this information, I believe the LSB is required by the bylaws to seat the new staff delegates certified by the National Elections Supervisor at our next meeting—now scheduled for Jan. 9, to elect KPFA’s directors on the Pacifica National Board. The challenging KPFA staff members have the option of taking their election challenge to the court. 


Carol Spooner is a KPFA Local Station Boardmember.


Monday January 03, 2005

BHS Rat Pack Robbers 

A Berkeley High School student told police he was robbed at school by a crew of six or seven juveniles shortly after 11 a.m. Monday. 

Police are investigating, said Berkeley Police spokesperson Officer Joe Okies. 


Strongarm Gunman 

A ski-masked gunman with a strong arm walked into the Walgreen’s stores at 150 Gilman St. just after 6 p.m. Monday, picked up the cash register and walked out. 

Neither the gunman nor the register have been seen since. 


Violent Drunk Busted 

A cab driver flagged down Berkeley police officer near the corner of Telegraph Avenue and Blake Street late Monday night because of problems with a tipsy fare. 

The inebriated rider was handcuffed and hauled down to city jail for booking, where, after offering up a false ID, he proceeded to try to bash his captors. 

When the dust had settled, a simple public intoxication arrest had turned into five charges, including interference with a peace officer, assault on a peace officer, and giving a false ID. 

The reason for the last charge became clear when a record check yield a parole violation, said Officer Okies. 


Lotta Sirens, No Victim 

Police cars and a fire department ambulance rushed to the intersection of Harper and Russell streets late Monday night after a youthful caller reported a stabbing. 

A thorough search of the area revealed neither blood nor victim, and police are investigating leads to the identity of the caller. 


Robbers Panic, Flee 

A crew of would-be robbers, three men and a woman, tried to rob the Black and White Liquor Store at 2730 Adeline St. late Wednesday night, only to change their minds for reasons unknown and flee the scene.

Fire Department Log By RICHARD BRENNEMAN

Monday January 03, 2005

Alerted by the smell of burning clothes and plastic, residents of a home at 813 Addison St. called the Berkeley Fire Department after discovered their dryer ablaze. 

A prompt response confined the flames to the dryer and a portion of the back wall. 

The occupants said they might have learned of the fire earlier, but their smoke detector had “maybe no batteries,” according to the BFD’s official log. 

Firefighters installed fresh batteries before they left.n

Arts Calendar

Monday January 03, 2005



Berkeley Repertory Theater, “Polk County” A musical about aspring blues musician, Leafy Lee, at the Roda Theater, 2015 Addison St. to Jan. 9. Tickets are $15-$60. 647-2949. www.berkeleyrep.org  

Shotgun Players “Travesties” and Dada Party at 8 p.m. at The Ashby Stage, 1901 Ashby Ave. Tickets are $35, reservations required. 841-6500. www.shotgunplayers.org 


San Francisco Chamber Orchestra Classical celebration dedicated to the memory of Edgar Braun at 8 p.m. at First Congregational Church, 2345 Channing Way. Free. 415-248-1640. www.sfchamberorchestra.org 

Johnny Steele’s Hilarity Hoedown and Jocularity Jamboree at 9:30 p.m. at the Julia Morgan Center for the Arts. Tickets are $22-$28. 925-798-1300. www.juliamorgan.org 

José Roberto and Friends at 9:30 p.m. at La Peña Cultural Center. Cost is $20-$22. 849-2568. www.lapena.org 

New Year’s Eve Balkan Bash with guests Tzvetanka Varimezova, Ivan Varimezov and Kalin Kirlov at Ashkenaz. Cost is $18. 525-5054. www.ashkenaz.com 

New Year’s Eve Flamenco Fiesta with a traditional Spanish dinner at 9 p.m. at Café de la Paz, 1600 Shattuck Ave. Cost is $65-$95, reservations required. 843- 0662. www.cafedelapaz.net  

Art and Music Salon from 9 a.m. to 1 a.m. at Giorgi Gallery, 2911 Claremont Ave. For details on the event and for tickets see www.CHARISMAfoundation.org 

Bluegrass Gala with High Country at 8 p.m. at Freight and Salvage. Cost is $24.50-$25.50. 548-1761. www.freight 


The People at 9:30 at Blakes on Telegraph. Cost is $12 in advance, $15 at the door. 848-0886. www.blakesontelegraph.com 

New Year’s Eve with the Naked Barbies at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryploughpub.com 

David Jeffrey Fourtet in a New Year’s Eve Party at 10 p.m. at Albatross, 1822 San Pablo Ave. Cost is $5. 843-2473. www.albatrosspub.com 

Gary Rowe at 6:30 p.m. and Danny Caron and Friends at 9:30 p.m. at Downtown. 649-3810. 

Kool Kyle, hip hop, at 9 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $5-$10. 548-1159. www.shattuckdownlow.com 

That 1 Guy at 9 p.m. at Jupiter. Cost is $10. 848-8277. 

Rock ‘N’ Roll Adventure Kids, Sacramento at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $6. 525-9926. 

Joshua Redman Elastic Band featuring Sam Yahel and Brian Blade at 8 and 10 p.m. Yoshi’s at Jack London Square. Through Jan. 2. Cost is $26-$100. 238-9200. www.yoshis.com 



“A Cocktail of Glamour and Anarchy” works by Carl Linkhart, Michael Johnstone, David Faulk, Bill Bowers, Gustavo Villareal, Joshua Friewald. Reception from 1 to 4 p.m. at Giorgi Gallery, 2911 Claremont Ave. at Ashby. Exhibition runs to Jan. 30. 848-1228. www.giorgigallery.com 


Nepalese Cultural Dance and Music at 5 p.m. at Taset of the Himalayas, 1700 Shattuck Ave. 849-4983. 

Wadi Gad & Jah Bandis at 9:30 p.m. at Ashkenaz. Cost is $8-$10. 525-5054. www.ashkenaz.com  

Braziu, Leo Do Cavaco, Compaia at 9 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $10-$12. 548-1159. www.shattuckdownlow.com 

The Girlfriend Experience, The Bobbleheads at 9:30 p.m. at Blakes on Telegraph. Cost is $6. 848-0886. www.blakesontelegraph.com 

Stereo Blasters, Humanzee, The Dead Bull Fighters at 9:30 p.m. at The Starry Plough. Cost is $10. 841-2082. www.starryploughpub.com 

Nika Rejto Quartet at 9 p.m. at Downtown. 649-3810. 

Killing the Dream, Go It Alone, Shook Ones, 7 Generations at 8 p.m. at 924 Gilman St. Cost is $6. 525-9926. 



“Interiors” ink and watercolors by Lisa Bruce opens at the YWCA, 2600 Bancroft Way, through Feb. 25. www.lisabruce.com 


“Actors Reading Writers” Celebrating writing through live readings at 7:30 p.m. at the Berkeley City Club, 2315 Durant Ave. 845-8542, ext. 376. 


Trovatore, traditional Italian songs at 6 p.m. at Caffe Trieste, 2500 San Pablo Ave., at Dwight. 548-5198.  

Songwriters Symposium at 9 p.m. at Blakes on Telegraph. 848-0886. www.blakesontelegraph.com 

Benny Green & Russell Malone at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Thurs. Cost is $10-$14. 238-9200. www.yoshis.com 



The Tanglers at 8:30 p.m. at Ashkenaz. Two-step and waltz lesson at 8 p.m. Cost is $9. 525-5054. www.ashkenaz.com 

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

Benny Green & Russell Malone at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Thurs. Cost is $10-$14. 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. 



“The Bright River” written and performed by Tim Barsky and the Everyday Ensemble at Julia Morgan Theater, through Jan. 16. Tickets are $12-$35 available from A Traveling Jewish Theater, 415-285-8080. www.atjt.com 


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


Guy Gash & The Five Sharp Band at 1:15 p.m. at the North Berkeley Senior Center. 981-5190. 

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

Zydeco Flames at 8:30 p.m. at Ashkenaz. Cajun dance lesson at 8 p.m. Cost is $9. 525-5054. www.ashkenaz.com 

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

Zero Mass, The Warren Teagarden Band, Serene Lakes at 8:30 p.m. at Blakes on Telegraph. Cost is $4. 848-0886. www.blakesontelegraph.com 

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



Word Beat Reading Series at 7 p.m. with featured readers Clive Matson and Gail Ford at Mediterraneum Caffe, 2475 Telegraph Ave. 526-5985.  


Utah Phillips with Bodhi Busik at 8 p.m. at Freight and Salvage. Cost is $22.50-$23.50. 548-1761. www.freightandsalvage.org 

Frank Jordans, Carter Tanton, The Proles at 9:30 p.m. at The Starry Plough. Cost is $5. 841-2082. www.starryplough.com 

Eric Swinderman at 8 p.m. at Downtown. 649-3810. 

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



Berkeley Repertory Theater, “Polk County” A musical about aspring blues musician, Leafy Lee, at the Roda Theater, 2015 Addison St. to Jan. 9. Tickets are $15-$60. 647-2949. www.berkeleyrep.org  

“The Bright River” written and performed by Tim Barsky and the Everyday Ensemble at Julia Morgan Theater, 2640 College Ave. through Jan. 16. Tickets are $12-$35 available from A Traveling Jewish Theater, 415-285-8080. www.atjt.com 

Shotgun Players “Travesties” by Tom Stoppard, at The Ashby Stage, 1901 Ashby Ave. Thurs.-Sun. at 8 p.m. through Jan. 9. Free with pass the hat after the show. 841-6500. www.shotgunplayers.org 


Poetry from the Vietnam Era and Its Legacy at 7 p.m. at the Oakland Museum of California, 10th and Oak Sts. in conjunction with the exhibit “California and the Vietnam Era.” 238-2200. www.museum.ca.org 


“Dance Production 2005” Berkeley High’s dance performance at 8 p.m. at the Florence Schwimley Little Theater, on the BHS Campus. Also on Sat. Tickets are $5-$10.  

Los Nadies with special guest Andres Soto, at 7:30 p.m. at La Peña Cultural Center. Cost is $5-$25. Fundraiser for the Social Equity Caucus. 849-2568. www.lapena.org 

Caribbean Allstars at 9:30 p.m. at Ashkenaz. Cost is $10-$12. 525-5054. www.ashkenaz.com 

Lua, global creole roots at 8 p.m. at Caffe Trieste, 2500 San Pablo Ave. 548-5198. 

Due West, contemporary bluegrass, at 8 p.m. at Freight and Salvage. Cost is $16.50-$17.50. 548-1761. www.freightandsalvage.org 

David Jacobs-Strain, The Alexis Harte Band at 8 p.m. at the Oakland Metro, 201 Broadway, Oakland. Cost is $8. 465-8480. www.oaklandmetro.org 

Lavay Smith Quintet at 9 p.m. at Downtown. 649-3810.  

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

Truxton, Weapons of Mass Destruction, Oktobre People at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryplough.com 

Ludicra, Voetsek, John the Baker & The Malnourished at 8 p.m. at 924 Gilman St. Cost is $6. 525-9926. 

Soul Captives, ShitOuttaLuck, Hazel at 9:30 p.m. at Blakes on Telegraph. Cost is $6. 848-0886. www.blakesontelegraph.com 

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

Brown Baggin’ at 9:30 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $5. 548-1159.  

Mark Hummel’s 13th Annual Blues Harmonica Blow Out with James Cotton, Kim Wilson, and Charlie Musselwhite at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sun. Cost is $15-$30. 238-9200. www.yoshis.com

Marin Headlands Whispers Stories of Bygone Days By MARTA YAMAMOTO

Special to the Planet
Monday January 03, 2005

High on a bluff in the Marin Headlands, breathtaking views of the Golden Gate Bridge and the Pacific Ocean surround me in panoramic splendor. Fog drifts through the Golden Gate, the foghorn sounding its mournful call, and the wind blows through my hair and the trees. I breathe in the sea-scented air as I watch the play of light on the currents below. 

Here, on Hawk Hill, raptors wheel effortlessly as they glide, dive and soar, held in the power of the wind. The wind seems to lift me too, my mind soaring with the birds as I let go the demands of everyday life. 

Hawk Hill is one of the best places to view raptors during their annual fall migration. Nine hundred feet above the tide, as many as 2,800 hawks, kestrels, harriers and golden eagles climb the sky, gaining altitude to cross the strait. This is just one of many must-see sites that await you in the Marin Headlands. 

Part of the Golden Gate National Recreation Area, the 15 square miles of the Marin Headlands offer a surprisingly easy escape to this land of many stories, some mere whispers, others still hauntingly clear.  

Less than one mile from the highway it appears I’ve entered another world—one of rolling hills, protected valleys, steep bluffs, rocky coves, and sand beaches. On this early winter day my eyes feast on a palette of color: willows in russet, gold and brown; scrub in muted grays and greens; rich red earth; white clouds drifting across blue sky and fog caressing the curves of the gentle landscape. San Francisco and its famous bridge seem a million miles away. 

For all its natural beauty, this is not an area untouched by man. Man’s history, from the peaceful Coastal Miwoks through the tense days of the Cold War, enriches the story of the Marin Headlands while it can bring disquieting moments throughout the day. 

Coastal Miwoks built homes of willow and reed during their seasonal visits, fishing in the spring and gathering acorns in the fall. During the 1800s the land was used for cattle and dairy ranches, bringing in Portuguese immigrants from the Azores and Native American vaqueros who learned their skills from the Spanish. By 1870 the U.S. Army was buying up parcels of headland, building forts and constructing batteries along the coast. These were used to defend and protect the entrance to the bay through World War II. During the Cold War, 280 missile sites were established, though missiles were never fired. Today’s park could have been “Marincello,” a city of 30,000, but Congress stepped in and created a public preserve in 1972. 

Since that time the Golden Gate National Parks Association has done a tremendous job of restoring the land. Rodeo Lagoon is a haven for migrating waterfowl while supporting wildlife year round. On the one-mile loop circling the lagoon you might spot brown pelicans, mallards, buffleheads, widgeons and mergansers. Deer and bobcat roam the woodlands, hillsides and valleys among eucalyptus, coyote bush and sage. During spring the land glows with the blue, yellow and orange of lupines and poppies. Rocky coves echo with the barks of playing harbor seals.  

The ideal starting point for a day of discovery in the Marin Headlands is the visitor center, housed in the former military chapel of Fort Cronkhite. Award winning exhibits, combining life-size, vintage photographs, authentic displays and engaging narrative give voice to former inhabitants. From the lovely reed house of the Miwoks, the tiny watch house and light keeper’s log, to the precision made bunks, filled foot lockers and worn helmets of World War II soldiers, their stories come alive. Under twenty foot arched ceilings and the light from multiple, tall windows, tables and chairs around a cozy wood burning stove and the fine array of books and field guides ask you to linger, while the Headlands’ geologic and natural history displays beckon you outdoors to experience them firsthand. Before you leave, make sure to pick up a free trail map and check the posted schedule of interpretive activities. 

I headed first to Rodeo Beach, to stretch my legs among dunes and beach of coarse sand and driftwood, keeping my eyes open for bobbing sea lions, wetsuit clad surfers and carnelian searching beachcombers. The ocean vista before me seemed unchanged since the days of the Miwoks, while the beach itself changes dramatically with the seasons as storms and run-off alter its landscape. 

California’s Gold Rush drew ships to San Francisco like gourmands to Berkeley. In 1849 over 775 vessels attempted to navigate the hazardous entrance to San Francisco Bay, many crashing on the rocks. A permanent warning system was sorely needed and by 1855 the Point Bonita Lighthouse was built. The first one was on the highest hill in the area where it proved to be directly in the fog belt, necessitating the use of a fog bell and canon. A few years later it was moved to its present location, at the farthest end of the rocky point, where it continues to guide ships today. 

My walk to the lighthouse proved to be an adventure in itself. The narrow, paved trail was short but steep with a spectacular vista at every turn: massive rock formations casting shadows across the path, jagged cliffs with crashing surf, the rugged Pacific coastline and the broad sweep of the Golden Gate Bridge. 

A black iron wall containing a small locked door blocks the entrance to a narrow tunnel, cut through the rock in 1877. Feeling like a character from The Lord of the Rings, I warily eyed the rough, mold-coated surface close on all sides, as I headed for the bright light ahead. 

The final approach is a one-of-a-kind suspension bridge, where people cross two by two. At the end of the bridge stands the light, 125 lead glass prisms, visible for 18 miles, and the squat, white lighthouse, looking solid enough to withstand severe winter storms. Standing on this rocky point, looking out to the expansive blue of the ocean, I felt like I was at the end of the earth. 

Further discoveries at the Headlands can include the Marine Mammal Center, dedicated to the rescue and release of injured sea mammals, and Site 88, the last Nike missile site in operating condition. Both are open to the public and definitely worth a visit. 

With over 50 miles of hiking trails, your day can also include a chance to lose yourself in nature and to enjoy her bounty—a picnic along Rodeo Lagoon or the willow grove, a hike along the Coastal or Miwok Trail. But unlike other nature preserves, here man’s presence can’t be left behind. As I followed the trail, the ruins of bunkers and batteries dotting the hillsides and standing as guardians of the coast, kept me aware of man’s influence and dominance over the land. The wind still blew, the vistas warmed my soul, I soared, but some of the voices from the past and the realities of the present invaded my mind.  


Berkeley This Week

Monday January 03, 2005


New Year’s Eve Tea Tasting Learn the culture and natural history of tea. Bring your favorite cup. At 1 p.m. at Tilden Nature Area, Tilden Park. Fee is $10-$12, registration required. 525-2233. 

New Years Party at 1:30 p.m. at the North Berkeley Senior Center with romantic songs from Your Hit Parade, with popular musician Toru Saito. 

New Year’s Eve Hike Learn the customs and traditions from around the world on this annual walk at 4:30 p.m. at Tilden Nature Area, Tilden Park. 525-2233. 

New Year’s Eve Balloon Drop at precisely 4 p.m., (midnight Greenwich Mean Time) at Chabot Space and Science Center, 10000 Skyline Blvd., Oakland. 336-7300. www.chabotspace.org 


Animal Tracks Search for tracks and traces of animals on a short walk to Jewel Lake. Make a mold of a track to take home and be prepared to meet some mud. Meet at 10 a.m. at Tilden Nature Area, Tilden Park. For children 8-12 years old, registration required. 525-2233. 

One Special Salamander Salamanders abound in the Nature Area, but what makes a newt so special? Try to find a newt (but leave it here) on a walk through the park rain or shine. At 2 p.m. at the Tilden Nature Area, Tilden Park. 525-2233. 

“VoterGate: Is Our Democracy at Stake?” A community forum at 2 p.m. at Berkeley Unitarian Universalist Fellowship Hall, 1924 Cedar, at Bonita. 528-5403. 

Tea at the Historic Vistorian Cohen Bray Home, 1440 29th Ave, Oakland. Seatings at 1, 2, 3, and 4 p.m. Tickets are $25 and reservations required. 843-2906. www.cohenbrayhouse.info 

Personal Theology Seminar with Sarah Lewis on “A Contemplative Approach to the New Year” at 9:30 a.m. at Unitarian Universalist Church of Berkeley, 1 Lawson Rd., Kensington. 525-0302. 

Tibetan Buddhism with Robin Caton on “Meditation for a New Year” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812. www.nyingmainstitute.com 


Legacy of Bay Environmental Pioneers Cindy Spring and Sandra Lewis speak on the pioneering work of East Bay Regional Parks, Save the Bay, and others at 7 p.m. at at Albany Community Center, 1249 Marin Ave. 848-9358. www.fivecreeks.org 

“Activism in Trying Times” with Hal Carlstad and Cynthia Johnson at 7:30 p.m. at Berkeley Fellowship Hall, Cedar and Bonita.  

National Organization for Women, Oakland/East Bay Chapter meets at 6 p.m. at the Oakland YWCA, 1515 Webster St. The speaker will be Alexis Reeves who has been called to active duty by the California National Guard. 287-8948. 

World Affairs/Politics Discussion Group for people 60 years and over at 9:15 a.m. at the Albany Senior Center, 846 Masonic Ave. Cost is $2.50 with refreshments. 524-9122. 


Mid-Day Meander on the Carquinez Strait to learn about John Muir’s father-in-law Jack London and “The Octopus” of Frank Norris. Meet at 2:30 p.m. at the Bull Valley Staging Area. 525-2233. 

“AgriCulture: Roots of Resistance in the Midwest” Join Katharine Jolda and Ingrid Evjen-Elias for a reportback of their three-week bicycle trip in the land of corn, soybeans, and Wal-Mart, at 7 p.m. at the Ecology Center, 2530 San Pablo Ave. 548-2220, ext. 233.  

Winter Backcountry Travel Safety and Survival with Mike Kelly of the National Ski Patrol’s search and rescue team at 7 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

Berkeley School Volunteers Training workshop for volunteers interested in helping in Berkeley Public schools at 7 p.m. at 1835 Allston Way. 644-8833. 

Berkeley Salon Discussion Group meets to discuss “New Year’s Revolutions” from 7 to 9 p.m. at the BRJCC, 1414 Walnut St. Please bring snacks and soft drinks to share. No peanuts please. 601-6690. 


Berkeley Communicators Toastmasters meets at 7:15 a.m. at Au Cocolait, 200 University Ave. 524-3765. 

Mini-Farmers in Tilden A farm exploration program from 10 to 11 a.m., for ages 4-6 years; accompanied by an adult. We will explore the Little Farm, care for animals, do crafts and farm chores. Wear boots and dress to get dirty! Fee is $3-$5. Registration required. 525-2233. 

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 fur-covered friends from 10 to 11:30 a.m. Cost is $6-$8. Registration required. 636-1684. 

Avalanche Phenomena and Safety with Dick Penniman at 6 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

American Red Cross Blood Services Volunteer Orientation at 10 a.m. at 6230 Claremont Ave., Oakland.  Advance sign-up needed 594-5165. 

Acupuncture & Integrative Medicine College Open House from 6 to 8 p.m. at 2550 Shattuck Ave. RSVP to 666-8248, ext. 106. 

Winter Walk Berkeley for Seniors meets every Wednesday at 9:30 a.m. at the Sea Breeze Market, just west of the I-80 overpass. Everyone is welcome, wear comfortable shoes and a warm hat. Heavy rain cancels. 548-9840.›

Berkeley Skating Rink on Thin Ice By MATTHEW ARTZ

Tuesday December 28, 2004

City officials are threatening to shut down Iceland, Berkeley’s World War II-era ice skating rink, if the rink’s management doesn’t act fast to address dozens of code violations.  

“They’re not anywhere near up to standards,” said City Planning Director Dan Marks. 

A city audit of Iceland performed last year found 36 violations, the most serious ones connected to the rink’s ammonia system used to chill the ice surface. 

Ammonia, a common refrigerant for skating rinks, is a toxic gas that can be lethal, and turn highly combustible when mixed with oil. Common ailments associated with exposure to ammonia include nose and throat irritation, convulsive coughing, severe eye irritation, and respiratory spasms. Iceland’s ammonia system only poses a community health risk in the event of an accidental release. 

Still, with homes and Berkeley Alternative High School just blocks away from the South Berkeley rink, Berkeley Deputy Fire Chief David Orth, labeled the rink’s refrigeration system “a distinct hazard to life or property” in a Dec. 3 letter to Iceland management. 

The city’s push to bring the rink into compliance with city and state codes comes after the rink leaked 33 pounds of ammonia in June 2003. Although the rink never called the fire department, firefighters at a station one block east of the rink at Milvia and Derby streets smelled the noxious gas and raced to the rink. The leak was later found to be caused by a faulty valve that had been replaced without city permits, Orth told the Daily Planet.  

In 1998, he said, a larger ammonia leak at the rink required the fire department to set up water streams to dissipate the cloud of ammonia being released into the atmosphere. 

In response to the June 2003 release and the audit findings the city urged Iceland to hire an engineering consultant to address the city’s concerns and has met with Iceland officials seven times since this March. A letter sent Dec. 15 from City Manager Phil Kamlarz alerting city councilmembers to the city’s concerns came after Iceland’s consultant, Katin Engineering Consulting, released a report showing several safety deficiencies remaining at the rink. 

City officials are pushing Iceland management either to upgrade its ammonia system, which can hold up to 750 pounds of the gas, or to dump it for a different refrigerant, most likely freon, which East Bay Iceland, operator of the Berkeley rink, uses in its two other facilities in Dublin and Belmont. 

Jay Westcott, Berkeley Iceland’s general manager, insisted that the rink planned to stick with the ammonia system. “The city is acting like our equipment is ready to fail immediately but the integrity of the system is excellent,” he said. 

Westcott added that Iceland is conducting tests to determine the condition of the pipes and compressors that circulate the ammonia. Even if the tests’ results, expected to be released next week, show no corrosion, Westcott acknowledged the rink needs to upgrade its system significantly. 

“We know what the city wants and we’re prepared to do it,” he said. 

Deputy Chief Orth has given the rink a Jan. 8 deadline—under threat of closure—to formulate a plan to address the fire department’s three biggest concerns. Unlike modern ammonia systems, Orth said, Iceland’s control room lacks a discharge tank to neutralize escaped ammonia by dumping it into water, a water spray system to treat ammonia contaminated air and a way for the fire department to move the ammonia away from the source of the leak by remote control. 

Without such controls, Orth said firefighters responding to a leak now have to risk their safety by entering the rink’s control room. 

Although city and rink officials haven’t settled on a timetable for repairs, Orth said the fire department’s top priorities would have to be addressed quickly for the rink to remain open. 

“If they say it will take two years, that’s unacceptable, if they say 90 days, that would be OK,” Orth said. 

Tasha Brooks, who lives across the street from the rink and smelled ammonia from the 1998 leak said she was less concerned about ammonia than late night noise from the rink. 

“If I was concerned about chemicals, I wouldn’t live in Berkeley,” she said. 

Despite the city’s concerns, ammonia has been making a comeback in U.S. ice rinks over the past decade, said Peter Martell, executive director of the Ice Skating Institute, a national association of ice rink operators of which East Bay Iceland is a member. He added that he didn’t know of any rink in the U.S. or Canada being shut down because of its ammonia system. 

“One good thing about ammonia is that it has such a strong odor, if it leaks, you know it right away,” Martell said. 

In the mid 1960s, ammonia gave way as the leading ice rink refrigerant to Freon, which was championed by its manufacturer, Dupont, and seen as a less toxic gas than ammonia. However, Freon, a chloroflurocarbon, was later believed to deplete ozone and was targeted for elimination by 2025 under The Montreal Protocol, an international treaty.  

Now, Martell said that ammonia, which is cheaper and does not deplete ozone, has made a comeback in the U.S., sparked largely by Canadian rink suppliers, most of whom never switched to Freon. 

“Freon doesn’t make sense for us,” Westcott said. He estimated that switching to the gas would cost the rink nearly $300,000—a far steeper price tag than upgrading the current ammonia system. 

As it has since Iceland opened in 1940, the system works by sending the ammonia from the rink’s control room through a loop of pipes and compressors to the roof of the rink and back. The ammonia cools the salt water brine located underneath the ice surface. 

Within Berkeley, Orth said that Bayer operates a more modern ammonia system and that the Takara Sake factory recently switched from ammonia to Freon after experiencing an ammonia leak several years ago.  

John Burley, an ice rink supplier specializing in Freon refrigeration systems, said that new forms of Freon, although they are more expensive, do little or no damage to the ozone. 

Orth said that the 64-year-old rink would never be able to comply fully with all city and state regulations if it kept its current system, but that with significant upgrades and stringent monitoring, the city could keep the rink in operation. 

“Our intent is to keep it open,” Orth said. “It’s an institution.” 

Opened in 1940, by the Zamboni family, maker of the famed ice-paving machine, Iceland in its early days hosted the U.S. National Figure Championships and more recently has served as a part-time training facility for Olympic gold medal winners Brian Boitano and Kristi Yamaguchi. 

Currently, the rink claims to draw between 100,000 and 150,000 skaters every year and has more than 300 children in its hockey programs. 

“There’s a lot of sentimentality for this rink,” said Mary and Greg Wong, who had their first date at Iceland in 1977 and were skating there last week. “Generations of families have come here. It would be devastating if it closed.”›

For the East Bay, a Year Of Urban Casino Plans By RICHARD BRENNEMAN

Tuesday December 28, 2004

Was 2004 the East Bay’s Year of the Casino? 

You bet.  

Hamstrung for decades by the devastating effects of Proposition 13, local governments throughout California have been tempted by the siren songs of the slot machine and blackjack table as a means of filling empty coffers and stemming hemorrhages of red ink. 

When the year began, the East Bay boasted no gambling facilities on recognized tribal lands owned by Native Americans. 

As the year draws to a close, the East Bay has one existing tribal casino in San Pablo—a card room with grand ambitions—and proposals for large-scale urban casinos have been floated for Oakland, Albany, Richmond and North Richmond, and the modest Casino San Pablo itself has the gubernatorial blessing to transform itself into a super casino. 

Gov. Arnold Schwarzenegger last week announced that he would refuse his blessings to all but the Casino San Pablo deal. 

East Bay Assemblymember Loni Hancock (D-Berkeley/Albany/Richmond), a leading opponent of urban casinos, called the governor’s statement “a step in the right direction.” 

“That means we can focus on San Pablo and try to find an equitable solution,” she said. 

Hancock has called a Jan. 22 hearing at Contra Costa College to examine “the whole strategy of gambling as an economic strategy for the state. We need to know who pays and who benefits.” 

Just what power anyone has to block tribal casinos remains an open question. 

Tribes that were federally recognized as of 1988 can build no more casinos because of federal legislation passed that year. But tribes that were stripped of their reservations in the 1950s and 1960s can establish new reservations and build casinos on them. 

It is these so-called “landless tribes” that gambling promoters have targeted. 

In a Dec. 20 letter to Contra Costa County Administrator John Sweeten, Schwarzenegger’s Legal Affairs Secretary Peter Siggins acknowledged that if tribes receive East Bay land as restored reservations, “the state would be required to negotiate compacts in good faith.” 

“Not only does the [g]overnor intend to honor the exclusivity of the [Casino San Pablo] compact, the [g]overnor’s (sic) is adamantly opposed to further development of any casinos in urban areas,” he wrote. 

One of the greatest beneficiaries of the casino boom could be Berkeley developer James D. Levine, whose grand super-resort proposal targets Point Molate on the Richmond shoreline. 

Levine has teamed with Harrah’s, the world’s largest casino operator, leading hotelier Lowe’s, former Defense Secretary William Cohen and the Guidiville Band of Pomo tribespeople to offer a Las Vegas-style super-resort at the foot of the Richmond-San Rafael Bridge. 

Richmond has endorsed Levine’s proposal and agreed to sell the land, the site of a former U.S. Navy refueling station, in a deal that could yield the city a fortune if the proposal manages to thread its way successfully through the federal bureaucracy. 

If approved, the resort would feature a massive casino installed in the landmarked Winehaven building, the site of California’s largest pre-Prohibition vintner, featuring 2,500 to 3,000 slot machines and 125 to 160 table games. 

In addition to running the casino, Harrah’s would operate its own 350-room hotel at Point Molate, with Lowe’s Entertainment running the remainder of the site’s 1,100 rooms. 

Under the terms of Levine’s deal with the city, no other tribe would be allowed within Richmond city limits if his project wins the requisite approvals. 

That would torpedo plans for a second casino proposed for a site adjacent to Hilltop Mall. But that Point Molate provison wouldn’t affect another nearby proposal, this one in unincorporated North Richmond, which is closer to winning the federal nod. 

The Scotts Valley Band of Pomos, backed by a Florida man who has emerged as a major player on the national tribal gambling scene, is already well advanced in its efforts to secure federal approval. 

The 225,000-square-foot casino building would include 2,000 slot machines, 71 table games and 16 Asian card games, a 1,500-seat showroom, plus a a 600-seat buffet, an entertainment lounge, a sports bar and a food court and restaurant. 

The largest of the casino proposals—one endorsed by Gov. Schwarzenegger—was for San Pablo, which would have transformed the existing facility into the largest casino west of the Mississippi, with 5,000 slot machines—two-thirds more than the largest Las Vegas casino. 

The compact was one of five negotiated by the governor’s staff last summer. 

The number of slots was halved after strong opposition from local legislators, with Assemblymember Hancock in the forefront  

The 9.53-acre San Pablo site is currently the only proposed casino locale already designated as a tribal reservation. The casino land was proclaimed a reservation of the Lytton Band of Pomos on June 29 by Aurene M. Martin, Principal Deputy Assistant Secretary for Indian Affairs. 

The Lytton casino would be run by the Wintun band of the Rumsey Tribe, which already runs the highly successful Cache Creek Casino Resort in western Yolo County. The third partner in operations is the Maloof family of Sacramento, which owns a 50-story casino resort in Las Vegas as well as the Sacramento Kings NBA team. 

Schwarzenegger endorsed the San Pablo casino in a deal which would give the facility a monopoly on casino gambling within a 35-mile radius of the giant in return for a promise to pay the state 25 percent of its earning yearly once it’s up and running. 

Because tribal lands are sovereign under federal law, states have no direct taxing authority over casinos, and the governor’s proposed monopoly could earn the state up to $200 million annually. 

The reduced number of slots means less money for the state, a sum that would be reduced still further if other casinos open within the designated turf. 

Whatever the final outcome of the other proposals, the earliest winners at San Pablo will be Sam Katz, a Republican stalwart thrice-rejected in runs for a term as Philadelphia mayor and found at fault in a civil fraud trial, and Roger Stone, a tribal gambling lobbyist and the longtime GOP operative who orchestrated the Republican protests, known as the “Brooks Brothers Riots,” that helped bring the 2000 presidential recount to a halt in Florida. 

Katz and Stone spearheaded the move to win the reservation status, helped in the end by former California Rep. George Miller, who inserted a provision initiating the declaration as a rider into a budget bill on the final day of the 2000 Congressional session. 

The duo stands to make millions when the casino is built. 

Hancock questions “the whole idea of a 2,500-slot casino blocks from I-80 and right next tot he only public emergency room within a 25-mile radius. It should still be open for negotiations, including mitigations to local communities.” 

None of the casino proposals has gone unchallenged, and the Point Molate proposal has been targeted by two separate pieces of litigation. 

The first, filed by oil giant ChevronTexaco in September, sought to block the sale on the grounds that city officials had failed to offer to sell the property to other public agencies before inking a deal with a private developer. That action was rejected by a Contra Costa County Superior Court on Sept. 24, paving the way for the sale four days later. 

Two more lawsuits were filed on Dec. 15 and 17 in an attempt to void the sale on the grounds that the city shouldn’t have sold the land without conducting an Environmental Impact Report. The plaintiffs, one the East Bay Regional Parks District and the other Citizens for the Eastshore State Park, want the majority of the site preserved as parkland. 

Yet another lawsuit doesn’t seek to void the sale but asks for a billion dollars in damages on the grounds that Levine’s Upstream Point Molate LLC and Harrah’s enticed the Guidivilles to breach an existing contract with NGV Ltd., a Florida-based partnership. 

NGV is a Florida limited partnership, with Noram-NGV LLC as the general partnership. Noram LLC is part of the multi-corporate empire which has evolved from North American Sports Management, which began as a sports talent management company. 

The interlocked corporations are the creations of Alan H. Ginsburg of Maitland, Fl., who has emerged as a major player in the Native American gambling boom, with casino ventures spanning the nation from the extreme Southeast to the far Northwest. 

After their deal with Guidivilles fell through, Noram created a new entity, Noram-Richmond LLC, inked a pact with the Scott’s Valley Pomo band, and purchased a 30-acre site between Parr Boulevard and Richmond Parkway in North Richmond, announcing plans for the Sugar Bowl Casino, a 225,000-square-foot, 2000-slot Las Vegas-style gambling palace. 

With the exception of Casino San Pablo, the Sugar Bowl proposal has advanced the furthest in the approval process. The federal Bureau of Indian Affairs has already conducted an environmental scoping procedure on the plan and is preparing an environmental impact proposal. Levine said a scoping session on the Molate proposal should be held within the next month or two. 

Noram is also the corporate sponsor of the East Bay’s newest casino proposal, a 2,000-slot, 100-table casino with a 1,000-seat auditorium and 200-room hotel on land adjacent to Oakland International Airport. 

Noram and its Oakland tribal partner, the Lower Lake Rancheria Koi Nation, a Pomo band, have promised city officials nearly $11 million to compensate for lost taxes, cover city services as well as fund a police administration and youth sports and gambling addiction programs. 

The Muwekma band of Ohlone tribespeople has contested the Oakland proposal on the grounds that the site in question was the traditional homeland of their people. 

Rumors of another East Bay tribal casino—this one at Albany’s Golden Gate Fields—surfaced as a result telephone polling calls made in early winter. 

The race track has been ailing for some time, and Magna Entertainment, the site’s Canadian owner, has also floated the possibility of an 800,000-square-foot regional shopping mall to be built by politically connected Los Angeles developer Rick J. Caruso.  

Magna has consistently declined to return calls about either proposal, though Magna was a major backer of a failed statewide ballot initiative last November that would have allowed existing horse racing tracks to add casinos to their facilities. 

Meanwhile, Hancock has issued a call for a state constitutional amendment that would impose a 60-day delay before legislators could vote on any new casino pacts.t

Major Berkeley Building Projects Dominated the Headlines in 2004 By RICHARD BRENNEMAN

Tuesday December 28, 2004

Followers of Berkeley news over the past year might rightly conclude that town suffers from an edifice complex. 

Big buildings, including a couple of giants proposed for the city center, have fueled endless controversy—and filled a significant chunk of the Daily Planet’s news pages as well. 

A Planning Commission subcommittee devoted long sessions to discussions of what could become the largest building to rise in the city in decades, a proposed 12-story-or-more hotel for the what is already Berkeley’s high-rise intersection. 

The University of California is negotiating with a private developer to build the structure at the northeast corner of Shattuck Avenue and Center Street. 

If built—and the “if” remains a big one—the edifice would rise directly across Shattuck Avenue from the Wells Fargo and Power Bar Buildings, the city’s reigning high-rises. 

The fate of the project, which would be the cornerstone of a University of California complex featuring museums and a meeting center, depends on whether the university can make the hotel profitable enough to draw the big bucks of a major developer. 

Carpenter & Co., a leading hotelier, has an exclusive negotiating with the university which expires at the end of February, a six-month extension of an one-year agreement that ended without a deal. 

A half block to the west along Center Street is the site of the Seagate Building, an already approved but legally challenged nine-story residential complex with three levels of underground parking and a ground floor that will be devoted primarily to rehearsal space for the Berkeley Repertory Theater. 

The Seagate project proved controversial from the start, and the Zoning Adjustment Board’s approval of the project has been met with an appeal which alleges that the approval failed to pass legal or procedural muster. 

Work on another major downtown project finally commenced in the autumn after a long hiatus in developmental limbo. 

Library Gardens, Transaction Financial’s 176-unit apartment complex with five street-level shops, replaces the demolished Kittredge Street Garage, just west of the central library. 

Completion is scheduled for July, 2006. 

Other projects that made news in 2004 included: 


Kennedy Buildings 

2004 proved especially momentous for Berkeley developer Patrick Kennedy. 

Teaming with multimillionaire UC Berkeley Professor David Teece, Kennedy has built some of the city’s most controversial structures and emerged as a lightning rod in the struggles between slow-growth preservationists and “smart growth” development advocates. 

The city also launched an investigation into heating units at the seven-story Gaia Building that replaced the old Berkeley Farms creamery at 2116 Allston Way. 

By promising to devote the ground floor to so-called cultural uses, Kennedy qualified for an additional floor of housing, though the “cultural bonus” space still remains vacant nearly three years after the building opened. A jazz cafe is now scheduled to open soon in part of the space. 

Kennedy won an additional floor by providing apartments reserved for low income tenants, enabling him to build a seven-story structure, two floors over the downtown plan’s five-floor limit. Critics said that by incorporating lofts into his units, Kennedy actually created the equivalent of a nine-floor building. 

Over the past two years, the Gaia Building has been repeatedly shrouded with plastic and screening as repair crews have battled the leaks that have caused ongoing mold problems.  

According to lawsuits filed by Kennedy, the repairs have now equaled the original construction costs. By year’s end, the Gaia Building was once again partially shrouded. 

Three other Kennedy/Teece projects opened in the fall: the Fine Arts Building on Shattuck Avenue and the Touriel and Bachenheimer buildings on University Avenue. 

Like most of Kennedy’s projects, they were funded by construction loans underwritten by ABAG, the Association of Bay Area Governments, which supports projects that include affordable units. 


Berkeley Bowl II 

West Berkeley’s biggest project is still in the planning stages, and sparking its own fires of controversy. 

Owner Glen Yasuda’s plan to build an upsized version of the Berkeley Bowl at Ninth Street and Heinz Avenue has provoked concerns from neighbors worried about increased traffic and the intrusion of commercial uses into West Berkeley’s manufacturing and light industrially zoned areas. 

Members of the city Design Review Committee gave their blessings to architect Kava Massih’s plans for a 91,060-square-foot three-building complex.  

Before Yasuda’s new market can be built, the Berkeley Planning Commission must first approve both zoning changes and an amendment to the city’s General Plan. 

Commissioners will hold a combined workshop and public hearing on the proposal at their Jan. 12 meeting. 


University Avenue Projects 

The heaviest action has been on University Avenue, where Kennedy’s Bachenheimer and Touriel buildings opened and plans have advanced for several others. 

Zoning Adjustments Board (ZAB) members approved one major project in December, a proposal by developer Alex Varum to build a condominium project at 1122 University Ave. 

Varum’s project features two buildings—a five-story structure facing the avenue which features 48 housing units, two live/work units and two retail spaces, with a three-story, 15-unit building in the back—and 74 underground parking spaces. 

Design Review Committee members gave their blessings to another major University Avenue project that same month and forwarded it on to ZAB. 

Satellite Housing’s 80-unit senior housing facility planned for 1535 University won the committee’s praises, and they sent the proposal on for action by ZAB in early January. 

Pacific Bay Investment won the city’s green light in November to build a five-story condominium and ground floor retail complex at the site of the former Tune-Up Masters facility at 1698 University Ave. 

While the original plans called for 38 units in a 64-foot-high building, after a series of meetings with neighborhood residents and city officials, project manager Ed Cress reduced the number of dwelling units to 25, and cut 14 feet off the height while increasing parking spaces from 16 to 33. 

Plans for a four-story condominium project that would occupy most of the 700 block of University remain on hold pending decisions on applications to landmark two buildings targeted for demolition on the site. 

San Pablo Avenue 

The largest project approved for San Pablo Avenue is the five-story condominium project at northeast corner of San Pablo and Essex Street. 

San Francisco developer Charmaine Curtis bought the property—along with city permits—from Patrick Kennedy, whose development plans had been hobbled by lawsuits and neighborhood opposition. 

ZAB approved her revised plans in December. 

Design Review Committee members approved plans for a three-story, eight-unit residential project at 1406 San Pablo and passed them on to ZAB for action next month. 


Shattuck Avenue  

On Shattuck Avenue, besides the UC Hotel and the Fine Arts Building, the year witnessed more battles in the saga of the Flying Cottage, the turn-of-the-century cottage perched atop a plywood shell at the corner of Shattuck and Essex Street. 

Developer Christina Sun’s first effort to finish the building was denied because she’d started work without the right permits, and neighbors are continuing to fight the project as she tries to get the requisite approvals. 

Design Review Committee members found little to like when presented with architect Andus Brandt’s latest plans in December, issuing scathing reviews and turning a unanimous thumbs-down on revisions even Brandt admitted were less than ideal. 

The committee also roasted a proposal for a five-story condo and retail project planned for 2701 Shattuck by the Choyce Family Trust, an inheritance tax shelter of the Rev. Gordon Choyce Sr., pastor of the Missionary Church of God in Christ and head of the troubled low-income housing builder Jubilee Restoration. 

The panel told builder Ronnie Sullivan, an officer in Jubilee Restoration, to come back again, this time with his structural and landscape architects. 


Ed Roberts Center 

The most significant project approved in South Berkeley this year was the Ed Roberts Center. 

Named for a noted Berkeley disability rights activist, the facility will house a consortium of organizations serving the needs of the disabled in a modernist two-story building at 3075 Adeline St. 

Neighbors said they welcomed the center but contested the design, saying the glass-fronted modernist two-story structure would be strongly out of character in a neighborhood of buildings erected a century ago 

Advocates say the glass is an important symbolic gesture—the antithesis of the blind walls behind which the disabled were housed for so long. 

ZAB approved the project in mid-November, and a group of neighbors appealed the decision to the City Council. 


Telegraph Avenue 

Developer Kenneth Sarachan, owner of Rasputin’s Records, filed plans in September to build an apartment and retail complex at the long-vacant Berkeley Inn site at the corner of Telegraph Avenue and Haste Street. 

He needed to file by Sept. 22 or face paying off $500,000 in city liens levied on the site after Berkeley Inn owners refused to demolish the structure after a pair of fires had left it a gutted wreck, forcing the city to demolish it. 

Sarachan’s plans call for a two-story structure at the Telegraph Avenue end of the structure, rising to five stories at the east end. Designs call for three ground floor retail spaces and a second floor restaurant with a roof garden plus 20 one-bedroom apartments. 

Significant revisions are expected before the project ever comes to a vote. 

Berkeley’s newest apartment building opened in December, the four-story Telegraph Bays apartment and retail complex at 2616 Telegraph Ave. 

The building features one-, two- and three-bedroom units with rents ranging from $745 for a one-bedroom 472-square-foot inclusionary unit to $2300 for a three-bedroom, 1087-square-foot apartment. ”

Looking for Night Life In A City That Likes to Sleep By MATTHEW ARTZ

Tuesday December 28, 2004

New Year’s Eve, the biggest party night of the year, and UC Berkeley Junior Adam Weiss knows where he’ll be hours before the clock strikes midnight. 

“On the BART platform getting ready to party...in San Francisco.” 

Weiss said one of his toughest challenges in attending UC Berkeley has been finding local venues that he would want to go to or that would invite him, a 20-year-old, in. 

“I’ve learned that being a college town and a party town are two very different things,” he said. 

Berkeley, home to one of the largest universities in the country, has avoided the glut of bars, clubs and late night eateries that typically accompany other schools. 

In Chico, Ca., for instance, home-base for the 15,000-student state university, there are 13 nightclubs featuring live music or a DJ within a 20 block radius, according to Becky Watner, assistant director for the Downtown Chico Business Association. Berkeley has eight. 

Since the 1980s several of the city’s top venues have folded or been shut down by the city. They include Keystone Berkeley and Berkeley Square on University Avenue, the Jabberwock on Telegraph Avenue, the Longbranch on San Pablo Avenue and Earl’s Solano Club, a North Berkeley Jazz house. 

“Berkeley used to have so many more clubs,” said Billy Jam, owner of Hip Hop Slam Records and a radio host on UC Berkeley’s KALX Public Affairs. “Touring bands used to have a San Francisco date and a Berkeley date, but now Berkeley doesn’t have a big enough venue to attract national acts.” 

Berkeley Planning Director Dan Marks said a combination of police apprehension towards new bars and neighborhood concerns about noise had kept Berkeley’s youth-oriented nightlife in check. 

“There aren’t a lot of locations where people getting out of a club at 2 a.m. aren’t going to disturb someone” he said. 

The police department wields heavy influence in granting permits to would-be club operators in Berkeley. Under State Department of Alcohol Beverage Control rules, Berkeley has surpassed its quota for alcohol serving establishments so any new bar or club seeking a use permit requires the Zoning Adjustment Board (ZAB) to make a finding of public convenience and necessity. Although the police declined to comment for this story, several city officials said the police typically oppose the permits on grounds that the BDP doesn’t have the staff to deal with more drunken youth leaving clubs early in the morning. 

“Because of police objections to late night drinking, the city has become increasingly restrictive in its zoning review process for late night venues,” said Dave Fogarty of the city’s Office of Economic Development. 

He recalled several cases where applicants were either discouraged from operating a nightclub or told not to bother trying for the hours of operation they wanted. 

Anna De Leon, who is preparing to open a Shattuck Avenue jazz cafe in the coming weeks, said she didn’t ask for a 2 a.m. closing time on weekends—the latest hour allowed for an establishment that serves alcohol—because she knew she wouldn’t get it. 

De Leon, who will close her club at 1 a.m. on weekends, faced neighborhood opposition seeking a permit to open her cafe both on Shattuck and at its former home on University Avenue. 

“I have a hard time understanding the level of quiet people seem to need,” she said. 

Country Joe McDonald, who moved to town and joined Berkeley’s folk music scene in 1965 said, “Berkeley has never been a late night town. 

“Whenever friends would visit and ask what there was to do late at night, I’d just laugh.” 

Now, along Telegraph Avenue, there appears to be some will among city leaders to allow bars and restaurants to keep their doors open later for nearby students. This fall, against the recommendation of the police department, the ZAB approved later hours for Kip’s a popular student bar on the southside of campus. That ruling came on top of similar decisions allowing the Durant food court to stay open later and Raleigh’s, a Telegraph Avenue bar and restaurant, to keep its outdoor patio open during late night hours.  

The city’s draft land use plan for the south of campus area calls for allowing all eating establishments including cafes to remain open until midnight without a use permit and conditionally allowing 24-hour cafes near the UC Berkeley campus. Currently, without a permit cafes must close at 10 p.m. 

“The direction the city is moving in is that nightlife is encouraged,” said ZAB Chair and UC Berkeley graduate student Andy Katz.  

Katz said that extending hours for cafes and bars along Telegraph would improve safety and increase business along the corridor. The biggest problem so far, Katz said, has been convincing the mostly family owned sit-down restaurants to stay open into the earlier hours of the morning, when the relatives who run the restaurants would rather be sleeping. 

If Telegraph Avenue does adopt later hours, not all of the residents will be pleased.  

Doug Buckwald, a south campus resident, said he is frequently awakened on weekend nights by students shouting and singing as they walk back to their homes from Telegraph Avenue.  

“It’s absolutely a quality of life issue,” said Buckwald, who feared that later hours for bars and restaurants could discourage families from relocating to the area—another goal of the draft land use plan. 

Pat Romani, the co-owner of Blakes On Telegraph, the south campus’ only dance venue, didn’t think relaxed city regulations would help the Berkeley club scene, whose decline he attributed to market forces. 

“It seems that a lot of students are more into socializing with their friends or drinking than seeing live music,” he said. “Right now a lot of clubs in the area are closing or hanging on by their fingernails.”  

When it comes to live music Berkeley still offers a variety of options. Blakes has rock and hip hop music, the Shattuck Down Low has a mix of DJs and live rock and hip hop acts, the Freight and Salvage offers a predominantly folk line up, Ashkenaz specializes in world beats, 924 Gilman is a youth oriented punk club, the Starry Plough offers rock music on weekends and Jupiter also hosts live acts. Live jazz can also be seen at Downtown and at the Jazz School. 

If Berkeley were ever to create a concentration of clubs, like in Chico, the downtown area would seem like the likeliest location. But with a slew of new housing development, the downtown might not be so fertile anymore. 

Councilmember Dona Spring, who represents the area, fought Berkeley Square and fielded numerous complaints about the Shattuck Down Low when it first moved in, isn’t eager to see many new arrivals. 

“If you want to go dancing you should go to Ashkenaz,” she said. “The regular population prefers a play or a concert to boozing it up.” 

Looking Back on Cal Football’s Golden Season By STEVEN FINACOM

Special to the Planet
Tuesday December 28, 2004

I know where old sportswriters go when they die. They become the creative muses of publicity writers for college football teams.  

A search through the archives and press guides of any team, the California Golden Bears included, yields reams of overwrought prose, delightfully arcane and overwrought adjectives, verbs, and analogies, and a deluge of statistics to emphasize the strengths of a program and minimize any weaknesses.  

This year the publicists for the Bears have had an easy time of it without the need for much exaggeration. Cal finished a ten-win, one-loss season with a No. 4 national ranking in the Associated Press and ESPN / USA Today polls.  

Even in the unlikely event that the season comes to a disappointing end this week with a loss in the Dec. 30 Holiday Bowl against Texas Tech, this year’s Golden Bears have played remarkably, memorably, and successfully. 

They also earned near-icon status for third year coach Jeff Tedford, who now has a 25-12 record at Cal. 

The Golden Bears had the best win-loss record for a Cal football team since 1950, when the team went 9-0-1. This was also Cal’s first ten-win season since 1949.  

Their single loss against USC was assuaged by the fact that the Bears came within one play and nine yards of beating what was then, and still remains, the number one team in the country. A further consolidation is that the Bears beat USC last year, the only team in two years to do so. 

And, for traditionalists like me, even Cal’s last-minute exclusion from the Rose Bowl was not irredeemably bitter, since historically it’s the Pac-10 champion who plays there and Cal came in second in the conference this year, behind USC. 

Cal was the only team to finish the season ranked in the top six nationally in both defense and offense. There were two defensive shutouts and two wins where the opponent was held to less than a touchdown, while on offense the Bears regularly scored more than 40 points per game.  

Cal fans were able to enjoy not only a great team effort, but also remarkable individual performances. Quarterback Aaron Rodgers threw a national record-tying 23 consecutive pass completions against USC and was, statistically, one of the best passers in the country.  

Tailback J.J. Arrington was arguably the best runner in the country and freshmen running back Marshawn Lynch may become the best if he has other years like this one.  

Defensive end Ryan Riddle, Arrington, and receiver Geoff McArthur all set career records at Cal, the last two coming quite appropriately in the Big Game against Stanford. 

Things were particularly charmed this year for Memorial Stadium spectators. Cal was unbeaten at home for the first time since 1950.  

Veteran Cal fans, used to years of clenching the edges of their splintery seats during the fourth quarter and hoping that the Bears could either catch up, or not find a way to fumble away a fragile lead, were treated to one decisive win after another. 

There have never be so many season-ticket holding Cal fans—nearly 35,000. And total game attendance was nearly double that number, despite kickoff times that jumped all over the afternoon and evening due to television demands. 

Memorial Stadium crowds averaged 64,019 for the season, the highest average in Cal home game history. On Sept. 11 Cal had the largest home opener crowd ever in Berkeley, while nearly 70,000 showed up for the Oct. 16 home game against UCLA.  

Particularly sweet for home game fans was the sold-out the Big Game on Nov. 20, when Memorial Stadium was a pulsating lake of blue and gold seamed by only a few small, largely silent, wedges of Cardinal red.  

Cal won by a score of 41-6, the greatest margin of Big Game victory for the Golden Bears since 1930.  

Perhaps best of all, at least from the perspective of long-time Cal fans, was the fact that this was a third consecutive win over Stanford, some recompense for the seven consecutive losses Cal suffered before Tedford arrived as coach.  

Success on the football field was complimented by a revival of participation in old and new campus spirit activities, organized by the student Rally Committee.  

The Big Game Rally on the evening of November 19 drew a standing room only crowd of students and alumni to the Greek Theatre. 

Memorial Stadium was graced by some of the best card stunts—mass, changing, displays of colored cards in the student rooting section—for decades and Sather Tower was lighted blue and gold during Big Game Week. The Cal Band delivered crisp and entertaining performances on and off the field. 

Although some Berkeley residents and officials viewed the large home game crowds and attendant traffic congestion with mixed emotions, Saturday home football games represent what may be the Berkeley community’s oldest annual mass cultural tradition.  

College football has been played in large stadiums in the southeast part of the Berkeley campus for a century.  

California Field, an angular wooden stadium designed by John Galen Howard, preceded Memorial Stadium. It sat some 17,000 spectators on the present-day site of Hearst Gymnasium and North Field. 

That seems small today but was plenty large at a time when there were just 2,839 students at the Berkeley campus and the whole town’s population was less than 15,000.  

Less than two decades later California Memorial Stadium was opened when, under Coach Andy Smith, Cal was a fully successful participant in national college football mania. The Golden Bear “Wonder Teams” were in the midst of a run of five undefeated seasons. 

Since that time Cal has enjoyed a number of great seasons and bowl appearances, but only one other truly sustained period of national football success, the Lynn “Pappy” Waldorf era from the late 1940s through the late 1950s. 

Given the results of this season and Tedford’s increasing success in his first three seasons, not a few Cal fans hope for a continued Golden Bear presence in the very highest ranks of college football. 

In recent years the Golden Bears have banished almost all of the disappointments that have marked the football program since the Waldorf era. Only three long-standing objectives remain: beating Washington State in Pullman and thus lifting the “Curse of the Palouse”; winning the Pac-10 championship outright; returning to the Rose Bowl for the first time since 1959. 

Can a prospective Tedford era come to equal the Waldorf and Andy Smith years? Perhaps, although we will need to experience six or seven more seasons to tell.  

Tedford certainly has made a good start, and the season concluded with a much ballyhooed contract renewal, as well as more than a few raised eyebrows at an annual salary more than three times that of the Chancellor. 

Is Cal football likely to become a perpetual national power under, and after, Tedford? Bear fans may dream, but the odds are long.  

Division 1A teams in major conferences that have undefeated or only one-or-two-loss seasons year after year are few and far between. Even those ranked highly for decades can fall on hard times. This year the football programs at Washington, Penn State, Notre Dame, and Nebraska are among the cautionary examples. 

Many critics would also say that level of college football success is a decidedly mixed blessing, with programs acting more like mini-NFL franchises and less like part of a genuine college athletic tradition. 

Nonetheless, Cal football has had a truly golden existence this year and, even if it proves to be an anomaly, Bear fans and Berkeley experienced a season to remember. 


Berkeley resident Steven Finacom attended his first Cal football games in the mid-1970s. He is a career staff member at the University, but is not affiliated with the Intercollegiate Athletics Department.›

Thousand Oaks Strives to Make a Home for All Students By ARWEN CURRY

Special to the Planet
Tuesday December 28, 2004

Debra Smith, 55, has watched over Thousand Oaks Elementary for 16 years. As cafeteria supervisor, she keeps the school’s kitchen and dining area polished to an immaculate gleam. She also teaches a cooking class to kids in the after-school program, and puts flowers on the tables in the warmly elegant, oak-paneled cafeteria.  

“We dress it up,” she says. “We decorate for all the holidays and special occasions. I plan to put plastic tablecloths on all the tables. That’ll make it more homelike.” 

Making the school more homelike is a passion Smith shares with staff, teachers, and parents at Thousand Oaks. 

The campus, rebuilt in 1999 with Measure AA earthquake safety funds, is an architectural welcome mat, bright and open. Students have free access to the sch ool’s garden, which overflows with pumpkins, sunflowers, and tomatoes. 

Thousand Oaks occupies a block of Colusa Avenue in North Berkeley, one block off of eastern Solano Avenue, with its shops, restaurants, and historic theater. But many students commute from other Berkeley neighborhoods to take advantage of the school’s Transitional Bilingual Program. 

The program is unique in the district because it allows children to study exclusively in Spanish from kindergarten through the third grade. By the fourth grade, they make the transition into English-speaking classes. The Transitional Bilingual model is based on the idea that strong literacy in a child’s first language provides a solid foundation for second-language learning.  

Of the 429 students who atte nded Thousand Oaks in 2003, 38 percent were still learning English, five percentage points higher than the state average. Of these students, most were Spanish-speaking. When first enrolling a child in the Berkeley Unified School District, parents whose ch ildren have limited English proficiency may choose three of Berkeley’s four bilingual programs for placement consideration. 

Le Conte, Rosa Parks, and Cragmont have dual-immersion programs, in which Spanish-speaking and English-speaking students attend cl asses together from kindergarten through the fifth grade, and are taught in both languages. 

Thousand Oaks third grade bilingual teacher Andra Tom supports both types of programs. The Transitional Program is not perfect, she admits; ideally, it would extend into the upper grades. And it separates native Spanish-speaking kids from other students. 

“One of the benefits of dual-immersion is that it blends different kids,” Tom says. But, she added, English- and Spanish-speaking classes interact several times a week for activities like cooking, gardening, physical education, and art classes. 

More than anything, Tom says, the strong support of the staff at Thousand Oaks makes the Transitional Bilingual program successful.  

“We look at all of the kids as our k ids,” she says. 

Before coming to Thousand Oaks four years ago, Principal Jesse Ramos, 42, was an administrator for the Mt. Diablo Unified School District, where he watched a budding bilingual program die after voters approved Prop. 227, which required schools to switch from bilingual programs to English-only immersion in 1998. 

Parents may request waivers that allow children to participate in bilingual programs in spite of the proposition. Still, “a traditional bilingual program like we have at Thousand Oaks is unique even at the state level,” existing in large part because of community support, says Ramos. 

“The community aspect is very good,” agrees PTA president Cherry Van Meurs, in a telephone interview, although she says the PTA could better represe nt the racial and ethnic diversity of Thousand Oaks’ students, an issue she plans to address this year. Van Meurs, who has had children enrolled in Thousand Oaks on and off since 1994, also hopes to make meetings more accessible to Spanish-speaking families. 

“Of course, we’re always looking for ways to improve,” says Principal Ramos, as he knelt down to scrape with his fingernail at a bit of graffiti in pink grease pen on one of Thousand Oaks’s broad elevated walkways. “But we have a fabulous team here. We’re very fortunate.” 


This is the fourth in a series profiling the Berkeley elementary schools. The reports are written by students of the UC Berkeley Journalism School. m

Local Supermarket Workers Keep Close Eye on Sacramento Agreement By JAKOB SCHILLER

Tuesday December 28, 2004

Workers in the Sacramento area will soon be voting to ratify a new union contract at three large California supermarkets, but Bay Area markets are still in doubt, according to Matthew Hardy, a spokesperson for the United Food and Commercial Workers’ union. 

UFCW Local 588 in Sacramento, which represents 19,000 workers at Safeway, Kroger and Albertson’s, announced the agreement last week, but would not release the details of the contract until after workers have voted. The union had threatened to strike if an agreement was not reached. 

Some 30,000 more workers in the Bay Area are still negotiating their own contract which expired later than the one in Sacramento, according to Hardy,  

“We still have yet to put our health and welfare proposal across the table,” he said. 

Nonetheless, he said, workers are preparing for a possible strike if negotiations do not go well. Workers all over California as well as in other states have prepared for strikes after Southern California grocery workers went on strike for four and a half months during their contract negotiations. 

Hardy said workers and their supporters including the California Labor Federation stood outside 54 Safeway stores in 25 Bay Area cities last week asking customers to sign pledge cards saying they would support workers in the event of a strike.   

“Even though Sacramento settled, we are still going to continue on with our program,” said Hardy. 

Letters to the Editor

Tuesday December 28, 2004


Editors, Daily Planet:  

As reported in your Dec. 21 article (“Design Panel Slams Latest ‘Flying Cottage’ Plan”), architect Andus Brandt told the Design Review Committee that a city employee looking over Christina Sun’s plans to improve her two-story rental property at 3045 Shattuck Ave. by building out the first floor / basement suggested she could add a third story. Public records on file with the Alameda Superior Court and the Berkeley Planning Department cast doubt on this version of events. 

In her legal complaint against Delta Construction and Remodeling, Sun says she negotiated contracts with Delta for both two- and three-story projects before submitting either plan to the city. On April 19, 2002, she submitted her zoning permit application for the two-story project, and on May 30, the city issued a permit. The next day, Sun executed the contract for the three-story project. Over the next two weeks, she completely demolished the first floor, leaving the second on blocks. Demolition accomplished, on June 14 she submitted plans for the three-story project. 

Robert Lauriston 




Editors, Daily Planet:  

A belated response to Bob Burnett’s article which gave his conclusion that election “irregularities” did not cause enough vote changes to make the recent election a “stolen” election. 

I would ask a different question. Do we know that the past election was honest?  

We know that the person in Ohio in charge of the election proceedings was Kenneth Blackwell, head of the Bush campaign in Ohio. We know that in heavily Democratic inner city precincts there were not enough voting machines, and that people had to wait hours and hours to vote. Many had to leave without voting. We know that some voters were given incorrect information about places to vote, and even that voting could also be done Nov. 3. We also know, as Burnett says, that some people, after finishing their voting, checked their touchscreen votes, and their “Kerry” vote had been changed to “Bush.” 

Knowing that the above very very “irregular” and I would say “illegal” things have been done by the people in charge of voting in Ohio, and also by people in charge of other swing states, do I believe that those in charge made sure that the voting machines with no paper trail gave honest results? I cannot so believe. Right now I feel that the United States of America has lost its democracy. 

Julia Craig  




Editors, Daily Planet:  

There are too many instances of fraud and abuse in the U.S. election, especially in Ohio and Florida. Electronic voting machines can’t be audited. There is no way to determine if the vote was correct. The only way for the U.S. to have an honest election that we can all agree on is to re-do it with punched-card ballots, that can be checked by independent auditors. Until then, we should stop trying to pretend to Afghanistan, Iraq, Ukraine, and other countries that we know what democracy is. 

Mike Vandeman 





Editors, Daily Planet:  

My thanks to your paper and LA Wood for the commentary on our sewer and storm drain situation (“Berkeley’s Stormwater Property Tax: Where’s the Money?” Daily Planet, Oct. 29-Nov. 1). He answered all of the questions that plague me whenever we have 15 minutes of steady rain. Though I have lived here many years, I am not fluent in the politics of Berkeley. Though I am long past being naive, I am appalled nonetheless. How is it that the city can divert monies from a specific, voter-approved purpose to cover something else entirely? Why was this done and who did It? Is that information available in the public record somewhere? Isn’t there something we (taxpaying citizens and residents of Berkeley) can do about it? This seems wrong to me, and more so because it’s Berkeley. It appears that we pride ourselves that our differentness is a superior thing; that we are better informed, more thoroughly educated, of higher awareness than average. Don’t we see ourselves as standing up for free speech, diversity, peace on the planet, social justice, good government and greener practices for the health of the individual and the health of the planet? Or have I gotten it altogether wrong because the fix is in, like everywhere else, and that’s just the way it is?  

April Corsiva 




Editors, Daily Planet:  

My comments are directed towards Susan Parker’s Dec. 21-23 column, “Teaching A Child to Swim: A Fun, Wholesome and Righteous Activity.” In her fine essay Susan chronicles her experience teaching swimming to a young African-American girl friend named Jernae. Due to Susan’s and Jernae’s persistence the child successfully learned how to swim. As Susan rightly points out, “I had always thought that swimming was a skill everyone should know. It’s easy to learn, develops self-confidence, and promotes safety.” As it turned out all of Jernae’s friends at school were not as “lucky” to have a friend to teach them how to swim. 

From my point of view, as a public pool activist in the United Pool Council, Jernae’s friends at school should not have to be lucky to have a friend like Susan to teach them how to swim. The public schools with the use of our wonderful public pools (Willard, West Campus, and King) should teach all kids not only how to swim but why to swim for health and recreation. Why is it that only middle class white kids get to experience the joys of swimming through such enriched and expensive private aquatic programs such as the Bears? 

The answer to that question is that BUSD, in its frenzy to cut all non-academic programming, has eliminated swimming from its physical education program at King and Willard middle schools, to save on paying for life guards etc. Many in the school and pool communities are trying to rectify that situation. At the same time that BUSD is cutting swimming from its curriculum the City of Berkeley is closing public pools (in South Berkeley) to meet budget cutbacks. The city and BUSD are each cutting aquatic programming for poor people in West Berkeley while at the same time not talking to each other about how to save the pubic pool system for everyone. The kids, the parents and teachers who know better and the pool community must insist that the city of Berkeley and BUSD sit down and work out a plan to save and improve our public pools for the benefit of all of pool users. We are all in the same boat. Highly paid city and BUSD administrators must use some of their exceptional brain power and creativity to figure out how to preserve a very valuable city/school resource for all of us. 

The citizens and taxpayers of Berkeley spoke very clearly and loudly in the last elections. Highly paid administrators must earn their living solving vexing problems not by creating them. 

Bill Hamilton 

United Pool Council 




Editors, Daily Planet:  

Thank you Susan Parker, for bringing up the importance of teaching kids to swim. The Berkeley public pools were built so that the children would learn to swim as part of the public school curriculum. The programs were cut a couple of years ago, and we must urge the city and school administrators to cooperate to bring the programs back. Swimming is appropriate for any fitness and skill level. The water absorbs tensions, creates a zone of pleasure and equality. It’s hard to dislike people you are in the water with, frustrations dissolve, you get a fresh perspective. A friend told me that he swam six hours a day while on a college swim team in Sri Lanka. I asked him how he had time to study, and he said that because of swimming he didn’t need to study endlessly. He reviewed what he was learning while swimming, and was able to solve problems quickly as a result. Another reason why swimming. 

Gael Alcock 




Editors, Daily Planet:  

I just completed writing a long article summarizing statistical evidence of large scale irregularities in the Nov. 2 election. Here’s a simpler approach.  

According to David Leip’s Election Atlas, which uses official state voting data, 122,293,782 people voted for president. That was 16,876,524 more votes than in the 2000 race. George Bush improved his total from 50,460,110 to 62,040,237 or approximately by 11.6 million votes. John Kerry improved over Al Gore by a few more than 8 million votes, receiving 59,027,612 votes. There were about 2 million Ralph Nader voters from 2000 that deserted Nader in 2004. New voters in 2004 favored Kerry, who received more than half of the 16,876,524 million new votes cast, accounting for more than his 8 million improvement over Gore. If we ignore all the exit polls and give Bush half the new votes, he still needed 3.2 million more votes from people who voted for Gore in 2000 or Nader. But Kerry won most former Nader votes. And from that alone Kerry should have at least a million more votes than his reported total! And so for Kerry’s reported total to be correct Bush would have had to have taken away as much as another 2 million former Gore votes. So, who are the 3-5 million people across the U.S. who voted for Gore in 2000 and switched to Bush in 2004? In particular states, who are the many thousands who apparently voted for Democrat Betty Castor for U.S. Senate in Florida but for Bush for president; and who are those many thousands who voted for Ellen Connally, the African American liberal, for state Supreme Court chief justice in Ohio, but for Bush for president. I doubt such voters exist, but without those voters across the U.S. the final numbers don’t compute.  

Marc Sapir  





Editors, Daily Planet:  

George Bush likes to say that history will be the judge of his Iraqi policy. 

It’s an easy thing to say when your opponents are incompetent and don’t challenge you, and it certainly fits with the M.O. of his so-called business life—avoid all responsibility and let others pay the price for your failures.  

In this case, that means the many thousands (civilians do count) of dead, wounded and grieving. Nine hundred American children (a wide age range?) have reportedly lost a parent, which of course must translate into many more Iraqi children.  

But what is to be done? Memory itches to take over the conversation: It’s just about the end of the sweetest times, flying through the night down the New Jersey turnpike in a green Plymouth, dozing in someone’s arms, awaking to see the rings of people around the White House, a wonderful sight.  

It’s not time for memories. There’s no sense in dwelling on a time that could pretty hard and bitter and isn’t always relevant to what’s going on now. 

But is anyone else feeling this large void between the news from Iraq, which could not be worse, and the need to bear witness and to somehow bring it home to Bush in a big way, to see if Congress can be stirred?  

For all sorts of reasons, the witnessing and the protesting have all but vanished. The die has been cast, Kerry and Congress were/are spineless, there’s the disconnect between public and government a volunteer army creates (aka the lack of a draft), maybe we haven’t reached some critical mass of American dead, there are our own all-consuming lives. 

If that’s to be part of the history of this war, then that’s what the history will be. History’s full of wars that just go on and on. And that ignorant, dangerous little son of a bitch will never be challenged for what he’s doing. 

Doesn’t feel right, does it? Gnaws at you a little bit? 

Maybe it’s time to take some readings of the groups out there—which are still viable, which have a big enough tent, which have good communications with the vets’ and parents’ groups, which are planning. 

Washington can be awfully nice in the spring. 

James Day 




Editors, Daily Planet:  

On Dec. 25, this Gentile drove down to Solano Avenue at around 9:30 a.m., planning to buy bagels. No luck: Noah’s is closed—for Christmas! 

I guess true Jewish culture is dying in Berkeley. You people, instead of slicing lox, were you singing carols around the tree I saw you smuggle into the house? 

Nigel A. Renton 




Editors, Daily Planet:  

It seems obvious that Bush and his administration is part of the problem not part of the solution. In just the past four years his policies, budgets, and legislation have lead to record level federal deficit and debt while at the same time giving a trillion dollar federal tax cut to the very wealthy; he started an unnecessary war with Iraq which is costing thousands of lives and billions of dollars; we have lost hard earned civil liberties; there is a record fall in the U.S. dollar to major currencies along with an all time high trade deficit; we have an all time low U.S. world image; and finally, we have had two very questionable presidential elections, so do I need to say more? And now he wants to “reform” social security, which will mainly benefit his friends on Wall Street and cost a couple trillion dollars to do along with being very risky. He also wants to “reform” the tax code which again will mainly benefit the very wealthy and big corporations. And finally he wants to cut the debt in half within a certain number of years without raising taxes, if anything he wants to make the trillion dollar tax cut to the very wealthy permanent. This all of course means Bush and his administration will most likely want to make massive cuts in services and programs that help the average American in order to reduce the debt that him and his administration ran up. All this and he has not even started his second term yet so at this rate Bush will take us back a hundred years to the days of the robber barons. So if you think Bush and his administration did a lot of damage during the last four years it may just get even worse during the next four years unless We The People do something about it. And at this point I feel secession is the most viable solution to get us out of this mess as it is both legal and peaceful; for more information on this check out the grass roots secession movements at www.moveoncalifornia.org or www.vermontrepublic.org.  

Thomas Husted 





Editors, Daily Planet:  

Sooo, President Bush and Wall Street wants to privatize Social Security. 

Of course, there’s no doubt that Enron and Global Crossing fully approve of the scheme. 

It appears that the Bush administration’s phony Social Security crisis scenario being played out is nothing more than a scam meant to frighten the public into allowing Social Security to be privatized.  

This is known as elder abuse.  

Sounds like that boy who cried wolf once too often, when I consider who it was that took this country into the mess created in Iraq. 

The Bush family has a poor track record when it comes to taxpayer dollars being needed to bail out their failed schemes.  

Iraq has cost America a fortune in blood and dollars. 

Let’s not forget how Neil Bush and his schemes turned into a $1.2 billion disaster at the Silverado Savings and Loan in Colorado. 

Then it was Jeb Bush that was caught up into a massive $100 million fraud scheme with the International Medical Centers in Florida.  

I am opposed to the privatization of Social Security, and suspect that the elderly would be better served by trading in their Social Security checks for some lottery tickets, rather than to trust the Bush administration to have their best interests at heart. 

Lynda Carson 





Editors, Daily Planet:  

I love the story about Mark Tarses, the landlord who gives candy to his tenants ( “Landlord Sweetens the Deal for Tenants,” Daily Planet, Dec. 21-23). It’s so refreshing to find something like that when most of your news concerns outraged citizens complaining about bureaucratic decisions made behind their backs. 

Is it possible to have more such feature stories? How about other ingenious businessmen, cultural leaders and the people who run our schools and libraries? The list is endless. 

Rose M. Green 




Editors, Daily Planet:  

You carried a commentary by Paul Hogarth in Dec. 17-20 issue (“Rent Control is Fully Constitutional and Good Public Policy”). Although you say that Mr. Hogarth was a member of the Berkeley Rent Stabilization Board from 2000-2004 and is now a second-year law student at Golden Gate University, and although Mr. Hogarth starts out by claiming that a previous commentary by Robert Cabrera “contained so many lies and inaccuracies that even a second-year law student can easily refute them,” Mr. Hogarth’s own commentary also contained a critical lie and inaccuracy. 

Mr. Hogarth cites a case as Penn Central Station v. New York (1978). There is no such case. The proper citation is Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978). This is significant, because one could not find the case if one looked for the citation given by Mr. Hogarth. Secondly, and more importantly, Mr. Hogarth claims that “Mr. Cabrera confuses basic regulatory laws like rent control and zoning restrictions with actual takings of private property like eminent domain,” and that “it only becomes a ‘taking’ under the Fifth Amendment if the regulation makes [the property] completely worthless.”  

Mr. Hogarth speaks contrarily here. At first he denies the existence of “regulatory taking,” and then he acknowledges it backhandedly by stating an entirely false criterion for it. It is true that in the case he cited, the New York Court of Appeals had denied the existence of “regulatory taking,” but that was not the conclusion of the U.S. Supreme Court. Nor is there any statement to the effect that a property must become worthless for a regulatory taking to occur in the case cited or anywhere else. Below are the relevant quotes from the case that Mr. Hogarth miscited. 

At page 120: The New York Court of Appeals affirmed. 42 N. Y. 2d 324, 366 N. E. 2d 1271 (1977). That court summarily rejected any claim that the Landmarks Law had “taken” property without “just compensation,” id., at 329, 366 N. E. 2d, at 1274, indicating that there could be no “taking” since the law had not transferred control of the property to the city, but only restricted appellants' exploitation of it. 

At page 127: It is, of course, implicit in Goldblatt that a use restriction on real property may constitute a “taking” if not reasonably necessary to the effectuation of a substantial public purpose, see Nectow v. Cambridge, supra; cf. Moore v. East Cleveland, 431 U.S. 494, 513 -514 (1977) (STEVENS, J., concurring), or perhaps if it has an unduly harsh impact upon the owner's use of the property. Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), is the leading case for the proposition that a state statute that substantially furthers important public policies may so frustrate distinct investment-backed expectations as to amount to a “taking.” 

Peter Mutnick 




Editors, Daily Planet:  

It seems that all Washington officials, government spokesmen and also 9/11 commissioners are intent on causing the public to be in constant fear and panic. “We are safer than we used to be but still in danger of attack from an implacable enemy (who is declared to hate us because of jealousy).” 

However, just a couple of weeks ago, Osama bin Laden gave a speech that conveyed a quite reasonable message: “If you and your Israeli agents stop mistreating and robbing Arabs, we won’t attack you.” He also made it clear in a subsequent speech that his principal argument was with the government of Saudi Arabia, which keeps its people in a state of poverty and ignorance for the exclusive benefit of a host of Saudi princes (not to mention their American business connections). 

Our current government benefited greatly by producing fear in the American population. Shall we continue to live in fear of imagined danger or try to live a normal life? And perhaps with a less extreme government that will respect the basic rights of all members of the population?  

Max Alfert 














At Christmas Dinner, a Baby Gives A Sense of Hope for the World By SUSAN PARKER Column

Tuesday December 28, 2004

Christmas day at our house. Sixteen adults, one 7-year-old, a toddler, and two babies gather around a food-laden table in the dining room. Kanna Jo Nakamura-Parker, six weeks old, and smaller than a bread basket, lies quietly in her mother’s arms. It is her first visit to our home, her first Christmas, her first time competing for attention with an overcooked, over-stuffed turkey. 

“Pass the baby to the left,” says my husband Ralph. “And the turkey to the right.” So we begin. Kanna is slipped into the arms of her mother’s friend, Sagiri, who whispers in Japanese that soon she’ll introduce Kanna to her flying squirrels, MoMo and MiMi, who she keeps as pets in her apartment. Then Kanna Jo is handed to Rick, who says something loud and Republican. “Give the baby to me,” shouts Rick’s wife, Dee, “And stop with that Republican stuff.” Dee espouses Democratic party policy to Kanna, than passes her on to me. I give Kanna a soft kiss and hold her face up close to Ralph’s. He breathes in her baby smell and rubs his cheek against hers. “I’m the only one who’s had a flu shot,” he says. “So I’m really the only one who should be kissing you, Kanna Jo.”  

“I’ve had a flu shot,” says my mother, reaching around Ralph’s electric wheelchair for Kanna. But the tremble in her outstretched hands prompts my dad to help with Kanna’s transfer. Mom presses Kanna to her chest, to keep her close and warm, and the Parkinson’s from shaking them both.  

Annie waits patiently to hold Kanna Jo next. “Where’d your momma get this cute pink dress?” she asks. “You look just like a candy cane.” 

“She looks like her mother,” says Lynn, who lifts Kanna from Annie’s arms.  

“There’s no denying that,” adds Harvey, peering over Lynn’s shoulder. Everyone nods in agreement.  

“Except for the eyebrows,” says Rachael. “What’s up with those?”  

“Bad brows,” says my brother sadly. “It’s the Parker curse.” 

“May I have the baby?” asks Irit. She holds Kanna Jo gently and murmurs a secret prayer in Hebrew. Perhaps it is to ward off the eyebrow curse, but before she can finish, Kanna’s brother, Bryce, tugs on Irit’s sleeve. “I want my sister back,” he says.  

“Say please,” instructs his daddy.  

“Please,” says Bryce. “Give her back. Now.”  

Kanna Jo is placed in the hands of her father, who holds her like a football before passing her back to her mother. Everyone has been too busy watching Kanna’s progress around the table to begin to eat. But now it is time. We bow our heads and give thanks for the meal before us and the friends we are gathered with. We wish for peace, good health, and safety. We pause a moment in silence to reflect upon those who have less than ourselves, for those who are hungry and sick, for those in the midst of conflict and war. Then we raise our heads and make a toast to one another. Glasses click, knives and forks clatter against full plates. Multiple voices sing out in overlapping conversations: about politics and pets, football and weird eyebrows, Brussels sprouts and flu shots. Kanna Jo Nakamura-Parker never wakes up, but the rest of us know that she is here in the room, tucked against her mother’s breast, silently offering to us the ultimate gift this Christmas—a glimpse at the future, a hope for a better, more understanding world.  




Campaign 2008: Democrats Must Work Smart By BOB BURNETT News Analysis

Tuesday December 28, 2004

In Silicon Valley folklore, a typical project goes through five stages: unwarranted enthusiasm, unmitigated disaster, search for the guilty, persecution of the innocent, and promotion of the uninvolved. Evidently, the Kerry-Edwards “project” has advanced to the fourth stage where many, including Berkeley’s MoveOn.org, are being blamed for the Nov. 2 loss. 

If Democrats are to learn the difficult lessons from the defeat, they are going to have to stop whining; quit claiming that they lost because Republicans cheated or because certain individuals or groups were incompetent. Democrats need to face reality: Republicans won because they ran a better campaign; one where the GOP made fewer mistakes and did a superb job of getting out their base. Democrats worked hard, but did not, alas, work smart. 

There are five big lessons to be learned from the Kerry defeat. Democrats must take in each of these lessons if they are going to work smart in the future. 

Lesson one is that the Democratic Presidential candidate must be perceived as authentic; someone who is not easily typecast as a free-spending liberal or a member of the cultural elite. Neither John Kerry nor Al Gore was seen as authentic, but Bill Clinton was; and many contemporary Democrats, from Barney Frank to Nancy Pelosi, are viewed as authentic by their constituencies. 

To be regarded as authentic, it is usually the case that a presidential candidate must be seen as an outsider, someone not easily associated with the Washington beltway. In this past election an example of such a candidate was Howard Dean, who gained early support because he was an outsider claiming to represent, “the Democratic wing of the Democratic Party.” Many new Democratic faces, who won on Nov. 2, carry the same sense of authenticity; for example, Brian Schweitzer in Montana and Barack Obama in Illinois. 

Lesson two is that a successful Democratic presidential candidate must run as an unabashed economic populist. In 2000 Al Gore seemed to be embracing this as the centerpiece of his campaign, “They’ re for the powerful, and we’ re for the people,” but inexplicably backed away. In 2004 the Kerry-Edwards campaign flirted with populism, most notably in John Edward’s evocation of the “two Americas,” only to retreat into wonkdom. Once again, most of the new Democratic victors won because they espoused a basic populist message, for example, Obama in his rousing keynote address at the Democratic convention, “it’s not enough for just some of us to prosper. For alongside our famous individualism, there’s another ingredient in the American saga, a belief that we are all connected as one people.” 

The point is that Democrats must not let themselves be suckered by Republicans into fighting America’s class war on cultural grounds. The GOP has been successful diverting the masses with a media campaign that warns of a liberal attack on ill-defined moral values. Real Democrats understand that standing up for Americans in need, honoring our commitment to be our brother’s and sister’s keeper is an authentic moral value. When Democrats engage the GOP on the vital issues of class warfare, they should fight it over economic issues; they should fight it on their home turf—populism. 

The third lesson is that Democrats must move beyond their historic focus on identity groups, such as African-Americans, and forge new alliances with affinity groups, as MoveOn has done. In 2004 Republicans ran an affinity-group-based campaign, skillfully utilizing multilevel marketing techniques with conservative churchgoers, gun clubs, and chambers of commerce. In the future, Democrats should forge new relationships with natural allies such as environmentalists, progressive Christians, and small business people. 

The fourth lesson is that Democrats must recognize that while presidential elections only occur once every four years, America has entered the era of the permanent campaign. Bush won in 2004 because from the moment he took office, in 2000, Karl Rove began planning his reelection. The Democratic Party needs to start organizing the 2008 Presidential campaign now. 

The final lesson to be learned is that from an organizational viewpoint, comparing the Republican Party to the Democratic Party is like comparing a traditional relationship to a one-night stand. The Republican National Committee is hierarchical and disciplined; it runs the state and county committees with an iron hand and demands conservative ideological purity. In comparison, the Democratic Party is a loose coalition of groups that range in capability and ideology. The Democratic National Committee is primarily a collection of fundraisers lacking overall organizational competence. Meanwhile, the state and local committees go their own way, supplemented by independent groups, such as MoveOn, and the political wings of advocacy groups such as the Sierra Club. Every four years there is an attempt to patch together a “Party” for the purpose of electing a Democratic president. 

It’s clear that to be competitive in 2008 Democrats need to take in these five lessons: find authentic candidates who run as economic populists, embrace affinity groups as well as identity groups, and wage a permanent campaign with a real national party—one that provide a substantial infrastructure that supports precincts in every state. In other words, Democrats have to learn to work smart. 





Tuesday December 28, 2004

Normal Hours Resumed 

After a week of money-saving closures, the front counter at the city Public Safety Center resumed normal hours today (Tuesday). 


Carjack, Rape 

Police are investigating the carjacking and rape of woman who was abducted at the corner of San Pablo and Ashby avenues shortly after midnight on Dec. 20. 

The woman was forced into the back seat of her car and taken to an unknown location where she was sexually assaulted, said Berkeley Police spokesperson Officer Joe Okies. 

The suspects then fled with the woman’s car. 


Fence Fire 

Police responded to an arson report in the 1300 block of Neilsen Street at 4:40 a.m. Dec. 21. When they arrived, they found that the property owner had already extinguished the blaze, which had consumed part of a fence. 


Stabbing Suspect Booked 

Officers arrested a 46-year-old woman on charges of assault with a deadly weapon after she allegedly stabbed a 30-year-old woman in the arm at 4:30 p.m. on Dec. 21. 

The incident occurred in the 1500 block of Tyler Street, said Officer Okies. 


Bottle Bashing Bust 

When a 54-year-old Berkeley man arrived at a hospital emergency room later on Dec. 21 suffering from a head wound, he told a nurse that an acquaintance had thrown a bottle at him. 

The nurse called police, and in the ensuing investigation arrested a 46-year-old man on suspicion of assault with a deadly weapon. 


Abuse Arrest 

Police arrested a 25-year-old man for child abuse late in the afternoon of the Dec. 21 after receiving a report of an incident at the Habitot Children’s Museum in the basement of the Shattuck Hotel Building. 


Brick Basher Sought 

A South Berkeley woman called police just after 9 p.m. on Dec. 21 to report that her spouse had been struck in the head with a brick after he told a young man he was tired of having him hang out in the area, near the corner of Harmon and Idaho streets. 


Gas Station Robbed 

A husky young man with a gun walked into a gas station at 1250 University Ave. just after 9 p.m. Thursday and demanded cash. 

The station attendant complied, and the bandit fled with his loot. 


Auto Arsonist 

A felon armed with a knife and a flare walked up to a car parked in the 2900 block of Oak Knoll Terrace Friday morning, slashed a hole in the cloth convertible top and dropped the flare inside. 

Police have no description of the arsonist. 


Scrooge Strikes 

A Christmas Eve Scrooge did a dastardly deed in the 1300 block of 67th Street sometime before 9 a.m. on Friday, making off with various Christmas decorations, including three seven-foot-high reindeer. 


Jewel Heist Reported 

A 55-year-old Berkeley woman called police Friday afternoon to report that she been burglarized of jewelry worth $23,000. 


Yuletide Fracas 

An Elmwood Christmas morning dustup between two brothers ended with battery arrests for both. 

Officers were summoned to a home near the corner of Russell and Piedmont streets, where they found the pair, ages 65 and 56, still angry and unwilling to yield. 

They were hauled off to the city cooler to contemplate their lack of Christmas spirit. 


Harried Krishnas 

Berkeley Police were summoned to the Krishna Temple at 2334 Stuart St. Sunday afternoon after a man walked into the building and refused to leave. 

When temple members tried to escort him out of the building, a fracas broke out in the kitchen. 

Temple members said the 43-year-old intruder battled their attempts at eviction, throwing cookware and otherwise disrupting their culinary scene. 

Police booked the man on suspicion of battery and malicious mischief.”

Democracy Derailed On KPFA Board By BRIAN EDWARDS-TIEKERT Commentary

Tuesday December 28, 2004

Two weeks ago I was elected to KPFA’s Local Station Board (LSB) with 43 percent of the KPFA staff’s first-place votes—more than twice what any other candidate received—in an election that, though unquestionably flawed, had the second-highest staff turnout in the five-station Pacifica Network. This Saturday, at what was to be the first meeting of the newly-constituted LSB, I was kept from assuming my position by what I believe to be an illegal move by the majority faction of the old LSB.  

Here’s what happened:  

Miguel Molina, who was serving as a staff representative on the old board, introduced a proposal requesting a re-vote in the staff election on the grounds that he lost his bid for re-election by a small margin (roughly 1.3 votes) and at least two of his colleagues had not received ballots. The issue was not on that meeting’s agenda, nor had Molina’s appeal been distributed to Board members ahead of time, as is customary. 

Carol Spooner, a listener-elected representative, amended the resolution to prevent any of the newly-elected staff representatives from being seated on the board—and keep the old staff representatives in place—until the appeal had received an official ruling by Pacifica’s National Elections Supervisor. As there is no longer a Pacifica National Elections Supervisor (his position has ended and will not be filled until the next election two years from now)—that could be a very long time. 

The motion passed, 11 to 10, in a vote along party lines established some eight months ago during a contentious fight over changing the timeslot of Democracy Now! Every staff representative except Molina voted against it. 

The net result? The winning faction in that vote held onto a majority it would have lost had the newly elected staff representatives been installed, replacing Molina. So much for democracy: The majority faction of the old board effectively chose its own successor. 

The LSB continued to conduct business for some three hours after that vote—with the old staff representatives still in place. If the issue is not resolved by the first week of January, they will elect the national directors of the Pacifica Foundation.  

The move appears to be a violation of Pacifica’s bylaws, which stipulate that Pacifica’s National Elections Supervisor is responsible for certifying the fairness of the election—which he did—and do not give the Local Station Boards any power to adjudicate disputes in their own elections. The bylaws also require that newly elected members of the Local Station Board take their seats in the December meeting. 

This leaves me deeply concerned that the board as presently constituted is an illegal entity, and its activities as such leave the station open to costly and damaging litigation.  

I encourage you to bring any concerns you may have directly to the next meeting of the Local Station Board, which is scheduled for Sunday, January 9, at a yet-to-be-determined location that will be posted at www.kpfa.org/lsb. 

Meanwhile, if you wish to receive updates on further developments, you can subscribe to an announcement list I’ve set up: Send an e-mail to KPFA-LSB-INFO-subscribe@topica.com; you can also visit the blog I’ve set up at http://kpfa-info.blogspot.com. 


Brian Edwards-Tiekert covers the Environmental Justice Beat for KPFA’s News Department; his freelance work airs on the nationally-syndicated programs Making Contact and Free Speech Radio News.

First of its Kind Egyptian Protest Signals Hope For Democracy By SHADI HAMID Commentary

Pacific News Service
Tuesday December 28, 2004

It was a rare moment in modern Arab political history. Earlier this month in Egypt, 1,000 demonstrators gathered in front of the country’s Supreme Judicial Court, protesting President Hosni Mubarak’s plans to run for a fifth six-year term.  

It was the first explicitly anti-Mubarak rally ever, in a region of the world so resistant to change. The 76-year-old leader has been in power for nearly a quarter-century.  

Protesters stood in solemn defiance, with yellow stickers stuck to their mouths that read “enough.”  

“This is a historic protest,” said protester Magdi Ahmed Hussein. “We’ve entered a new phase.”  

Some might ask why only 1,000 people turned out in a bustling metropolis of more than 15 million. But demonstrations, rallies, and protests -- unless they have received prior government approval -- are banned in Egypt, where Emergency Laws have been in effect since 1981. Public expressions of anger are rare, though the government and the ruling party are widely disliked.  

The protest is cause for hope. But it would be dangerous to see this as a harbinger of great things to come. This is not Ukraine, where hundreds of thousands rallied in the icy cold in jubilant solidarity. In much of the Middle East, the status quo maintains its authoritarian grip.  

If anything will break the status quo, it is the imposing shadow of 9/11. There is a new global consensus that change in the Arab world is no longer a luxury, but an imperative of the highest order. The United States has realized, in its own clumsy way, that promoting democracy is in keeping with not only its ideals, but also its national strategic interest. Republicans and Democrats alike agree that brutal Arab dictatorships have created a poisonous atmosphere conducive to the rise of extremist violence. In other words, the war on terrorism and the struggle for greater democracy are two sides of the same coin.  

Today, the United States has the opportunity to prove in practice its rhetorical commitment to the promotion of democracy in one of the most undemocratic region in the world. This is, of course, complicated by the fact that Mubarak, like so many other Arab strongmen, is supported by America, to the tune of more than $2 billion in annual economic and military aid. But the very fact that Washington provides Egypt with so much aid gives America the leverage needed to exert diplomatic pressure on Mubarak’s regime in the months ahead.  

Those who care for the future of democracy, in both Egypt and America, must capitalize on this small but significant opening. Real political reform will only come about with a potent combination of external prodding from the United States and the European Union on one hand, and internal pressure from pro-democracy secularists, nationalists and Islamists on the other.  

Hopes for greater democracy in the Arab world have sprung up before, only to be crushed. Dr. Saad Eddine Ibrahim, a noted Egyptian activist, said in 1989 that there were “beginnings of democratic transformation” in the Arab world and that Egypt was “on the road to democracy.” More than a decade later he was languishing in the notorious Tura prison, home to countless Egyptian dissidents. Ibrahim was released in early 2003, due partly to pressure from Washington.  

I spoke with Dr. Ibrahim—a former professor of mine and as sprightly as ever despite his declining health—a few days ago at a conference in Amman, Jordan. He still holds his indefatigable belief in Egypt’s potential for change.  

The Arab world is frequently rocked by alternating currents of hope and despair. Yet today, something different is in the air. For those of us who have watched the dreams of a proud and resourceful people shattered time and again, we hold on, ever so tightly and now with renewed vigor, to the belief that a new, democratic Egypt will one day come about.  


Shadi Hamid, an Egyptian-American, has lived and traveled throughout the Arab world. He is currently a Fulbright Fellow, conducting research on democratization and political Islam in Amman, Jordan.

Winter in California By STEVE KOPPMAN Commentary

Tuesday December 28, 2004

The saddest thing about California has to be its pathetic winters. Winter here is virtually meaningless. Whatever we may say about the East, at least there winter meant something: Crashing to the ground on ice-coated sidewalks, skidding happily across tractionless freeways, freezing to faintness as the bitter early morning cold cut off circulation to fingers and toes, friends calling from apartment windows before dropping snowballs in our faces, long hard afternoons of snow shoveling, Santa Claus hurtling through the slush in a one-horse open sleigh to Grandmother’s house to munch potato latkes. Like everything back East, there was so much to relish in retrospect, no matter how hard it may have been to take at the time. 

Our kids grow up on the West Coast without any of these unforgettable winter memories. To properly winterize our posterity, we need to develop, out of our own unique regional ecology, a wintry mystique appropriate to the stubbornly temperate clime in which we find ourselves. 

Webster’s, in fact, tells us the word “winter” comes from the root “to make wet,” NOT “to make cold.” Did Webster live on the West Coast? What a watershed this can be in California history, freeing us once and for all from the clutches of Eastern cultural imperialism. 

There’s no reason at all, for example, why Santa Claus should dash through snow, pulled by a bunch of stupid reindeer. Just like us, the land that gave birth to Christmas has no snow nor reindeer either. 

California Santa will wear a bright Gortex rainsuit and red and green flip-flops and hold an umbrella proudly aloft as he’s dragged through the wet winter night by a team of dogs in matching yellow rainhats. In the background, carolers will sing the great Irving Berlin song: 


I’m dreaming of a wet Christmas 

Like I remember in my brain 

Where treetops glisten and children listen 

To hear the foghorns in the rain 


I’m dreaming of a wet Christmas 

With every Christmas card I get 

May your days be merry, and yet 

May all your Christmases be wet. 


What glistening memories might the season evoke in our properly winterized descendants? Rainbows and rainbow trout, rain checks and water polo, buses racing through giant gutter puddles, merrily scattering passers-by, boots squeaking as they dash through the downpour in panicked flight; driving through pea-soup fog, water-fights with friends, wading meets and puddle poker, water witches and water nymphs, waterbugs and water rats, watermelons, water chestnuts and watercress. December showers bring March flowers. Children going door to door, salamanders in hand, offering to drain their neighbors’ walks, measuring the rainfall for school with their trusty buckets and rain gauges. 

And picture your classic California family on their yearly trek to a Christmas tree farm to chop down their own tree. Their rainshoes echo as they carry their recently claimed evergreen, bedecked already with brightly colored ornaments and beads of drizzle. As they emerge one by one out of the thick mist, a deep familiar voice intones: 


Chestnuts roasting in the open fog 

Rob Rain dripping on your den 

Yuletide carols sung by choirs 

Folks dressed up like firemen . . . 


Steve Koppman is an Oakland resident.

S.F. Chamber Orchestra Rings in the New Year With a Free Concert By IRA STEINGROOT

Special to the Planet
Tuesday December 28, 2004

If you think being locked in an aluminum shack on a hot afternoon with a life insurance salesman sounds more interesting than celebrating New Year’s Eve by going to a classical music concert, you don’t know Benjamin Simon, the music director of the San Francisco Chamber Orchestra. He wants people to feel that “Classical music is fun, accessible and not stuffy.” 

Judging by the first recording this group made live two years ago, a lyrical medley of classical and neo-classical pieces by Mozart, Haydn and Stravinsky along with some of Astor Piazolla’s Nuevo Tango compositions, this orchestra is not just fun for the audience, but fun for the players as well.  

Where jazz is free, loose, improvised, classical music requires great precision in performance. That’s the point of having a conductor, to make sure that everyone stays together. But precision alone does not make a great performance. Artur Rubinstein used to talk about freedom in handling the classics, but this is usually more honored in the breach than in the observance. 

Too often, string sections seem satisfied with exact mechanical reproduction. You won’t find mere metronomic playing on these live performances. The musicians not only play together, they seem to breathe together, indeed even achieving a kind of classical swing—and not just on the tangos. There is the occasional error, but they are the errors of passionate, not inept, performance.  

It was Adrian Sunshine who formed the original San Francisco Chamber Orchestra back in 1952 using players from the San Francisco Symphony, which in those days was a part-time gig. When he left to live and work in Europe in 1958, Edgar Braun, who’d been guest conductor since 1955, picked up the baton and held on to it until his retirement in 2002. He championed the free concerts that have been the hallmark of this group ever since. 

That is when violist Benjamin Simon took over as director. Lying down where all the ladders start, he re-created the ensemble with entirely new players from the best orchestras and chamber groups in Northern California, but continued Braun’s practice of not charging for the music. 

Well-known and critically acclaimed for his work with the New World and Stanford String Quartets; Orpheus, Los Angeles and New Century Chamber Orchestras; and Buffalo, Los Angeles and New York Philharmonic Orchestras; Simon has also shown a genius for music education. He is currently music director of the Palo Alto Chamber Orchestra, a top Bay Area youth orchestra. When he was the director of Berkeley’s Crowden School, he established the Sundays at Four chamber music series at the school. The Crowden School is deservedly esteemed for making the playing of an instrument as integral to learning as the reading of Shakespeare.  

This New Year’s Eve, for the twentieth year in a row, the Orchestra kicks off its new season with a free concert in Berkeley. In fact, remarkably, all of their concerts are free. The concerts are subsidized by membership and grants. This year’s event is particularly to be recommended for its presentation of the world premiere of Harold Meltzer’s Concerto for Two Bassoons, especially commissioned for internationally reknowned bassoonist Peter Kolkay. He will be joined by Rufus Olivier, principal bassoonist of the San Francisco Opera and Ballet. Simon told me he had just received the final draft of the fifth and last movement of the piece which he described as beautiful and accessible.  

Also on the program is the Sinfonia Concertante in E-flat major (K.364), an early Mozart masterpiece from his 23rd year, featuring violinist David Abel and violist Lesley Robertson. The back and forth movement and weaving interplay between the “male” violin and the “female” viola is one of the most ravishing achievements of any music in the world. 

Two pieces by Luigi Boccherini (1743-1805), a cellist and follower of Haydn, round out the set. The Quintet for Oboe and String Quartet (G.431) should give some idea of his light touch with classical concepts. The Sinfonia in D minor (G.506), known as “from the house of the devil,” is noteworthy for its recasting of a movement from Gluck’s ballet Don Juan, which Gluck also used as the Dance of the Furies in the opera Orphée. Boccherini’s symphony gains substance from his use of Gluck’s material which is full of diminished fifths, that is, slightly discordant tritones, the so-called devil’s interval. All in all, with two bassoons, two Boccherini pieces and a concerto for two strings, this should be a delightful way to open the double-faced doors of Janus on New Year’s Eve. 


Fractal Video Adds Berkeley Touch to Unique Works for Unique Artists By RICHARD BRENNEMAN

Tuesday December 28, 2004

Chris Odell’s created the perfect job. 

As proprietor of Fractal Video, the 28-year-old techie gets to hang around musicians, performance artists and other colorful folk—and he gets paid for his time. 

Thanks to the never-ending cornucopia of modern technology, he can do with a small camera, a computer and a healthy investment of his own time what once was accessible only to those with considerable cash, bulky equipment and endless labor. 

“I’ve done videos for fire-breathers, contortionists and other strange, oddball and unlikely acts who probably wouldn’t have been able to afford them” had they gone to other, more conventional producers, Odell said. 

“I could’ve gone after the commercial market, but that just isn’t us,” he said. “I like our clients quite a bit.” 

Odell grew up in Santa Barbara, where he learned the basics of video production in high school. “They wanted to make shows about football,” he said. 

But instead, he created his own show, posing questions to students and capturing their answers. 

“It aired after the student bulletins, but sometimes it was a little too controversial,” he recalled. 

He tested out of high school and began working with Macintosh commuters. He came to the Bay Area to take an editing course at the University of San Francisco and liked what he saw. 

Early jobs included stints as a production assistant for local cable companies and shooting surgeries for a medical company. 

He got the idea for his own company when he realized “there were enough artists and unlikely acts in the area who could use videos.” 

Right about the time he was planning his career change, Apple Computers released a piece of video editing software called Final Cut Pro, which allowed a Mac user to perform full-scale editing operations on one machine. 

The software is so sophisticated that Hollywood studios are using it. “They used it to edit Cold Mountain,” Odell said. 

His initial clientele was limited to artists and musicians, but he and partner Peter Hyoguchi have since expanded to local business, producing streaming video segments for websites. 

And the few weddings he’s shot haven’t been exactly traditional either. 

“In the last one, the father came dressed up as Darth Vader, and about half the people were in costumes,” he said. 

Odell will work for corporate clients, but only if he likes what they’re doing and they treat their employees responsibly. 

His highest-profile client is Inman Real Estate News, for whom he has been shooting a series of documentaries the firm hopes to sell as a made-for-cable series. 

The series will show how people live in various surroundings. For one of the first segments, he focused on an old brewery in Los Angeles that had been divvied up into living quarters. A future shoot might focus on a New York penthouse, another on low-income housing. 

He also does occasional work for a Santa Barbara company that’s developed a device that concentrates oxygen from the air, relieving people with serious breathing problems from the need to cart around bulky oxygen tanks. 

“It’s a good company, I like the people and they’re doing good things. They’re not out there clubbing baby seals,” he said, smiling. 

Another corporate client is Specialties in San Francisco, which produces cookies, breads and sandwiches. 

But most of his clients are typically less strait-laced. 

Consider the Stupid Fun Club, the creation of computer gaming magnate Will Wright, whose series of “Sims” lifestyle simulation creations have captured a healthy share of the market. 

Wright gives money to young techies to develop robotic creations, and Odell produced a series pilot segment about the creation of a self-learning mechanical creation powered by an artificial intelligence program. 

“Right now, they’re doing it for fun,” Odell said, “but who knows what they might come up with?” 

Another client bills himself as The Yo-Yo King, a 400-pound virtuoso of the stringed spinning top who opens his act with Black Sabbath music. 

Then there’s Rubber Boy, a world renowned contortionist. 

Others include: 

• Experimental Dental School, a small rock band Odell describes as “like a cross between Mr. Bungle and the Butthole Surfers.” 

• Atta Boy and Burke, “a couple of white guys who do rap with a rock background.” In another incarnation, Atta Boy is an Albany illustrator who makes toys on the side. 

• Mongoloid, a long-standing and popular Devo cover band who performs the groups hits in identical costumes. 

• Molotov & Felicity, a duo specializing in circus acts featuring flaming dagger and a bed of needles. 

He’s also edited the features of Berkeley underground filmmaker Antero Alli with a small but dedicated following. In addition to creating visually rich videos, Alli has drafted horoscopes for Oakland Mayor Jerry Brown.  

Fractal’s latest venture is in another medium altogether. 

Shortly after the election, Odell walked into the Odeon, a San Francisco bar that’s a favorite hangout for artists. “Everyone was upset about the outcome between Bush and Bush Lite,” he recalled. 

Then he remembered a graphic floated on a German web site and quickly echoed throughout the blogosphere, depicting the “blue” states grafted onto the country to the north, now relabeled “The United States of Canada,” the “red” states now consolidated as “Jesusland.” 

“I though I might cheer my friend up and make a little money at the same time,” he said. 

Odell’s version, printed on a shirt, adds one twist not in the original, the superimposition of the Confederate battle flag over Jesusland. 

For more information on Fractal Video and the shirt, see fractalvideo.com. 

Beauty, Truth and Bibliomania By JUSTICE PUTNAM

Special to the Planet
Tuesday December 28, 2004

“Why do you have four books by Bukowski?” She seemed disturbed as she closed The Most Beautiful Woman In Town. 

“I’d have more of his opus,” I answered, “I’m slowly re-building my library. 

“But I don’t understand, you like Bukowski?” 

“Sure,” I responded, a little tentative, not quite understanding her question, “I’ve always been attracted to his writing style. He is very spare.” 

“But Bukowski is a misogynist and you have four of his books!” she pointed at my bookcase. South Of No North, Factotum and Women, plus the one she was returning to the shelf indeed totaled four. 

I thought of all the other books I used to have, lost now from bad love affairs and bad finances. I used to have all of Will and Ariel Durant’s tomes, even a rare, Mansions Of Philosophy. I had all of Jack London’s books and stories. I had all of Cooper’s Leather Stocking Tales. 

I had most of McMurtry’s work from the ‘60s and ‘70s, All My Friends Are Going To Be Strangers prominent among them. I had Edna St. Vincent Millay’s poems and stories. I had H.G. Well’s Outline Of History. 

I had everything by Virginia Woolfe and Janet Flanner. I had obscure poems and letters by Gertrude Stein. I had most of Phillip K. Dick, Asimov and Arthur C. Clarke. I had most of Clifford D. Simak. I had a first printing of The Treasure Of The Sierra Madre by B. Traven. 

I had everything by Hemingway. I had everything by Orwell, including Down And Out In Paris And London. I had all the works of De Sade and Thackeray. I had a dozen volumes of Eugene Field. I had Dickens and Marlowe. I had Melville, Chaucer, Defoe, Voltaire, Swift, Virgil, Plutarch and Donne. I had all the English translations of Mishima. I had Kobe Abe’s Woman Of The Dunes. 

I had volumes of Dryden, Pope, Shakespeare and Spencer. I had Balzac and Fante. I had Baudelaire and Fitzgerald. I had poems by St John Of The Cross and essays by Annie Dillard. I had all of Henry Miller. I had some of John Rechy. I had volumes of Linda Paston and Marge Piercy. 

I had some of Sharon Olds and all of Jack Kerouac. I had all of Gary Snyder’s work and volumes of Eric Hoffer. I had Kahil Gibran and Rilke. I had Ovid and Nietzsche. I had Berkeley, Hume, Kant and Ghandi. I had Autobiography Of A Yogi. I had the Kama Sutra and the Upanishads. I had The Analects and The Tibetan Book Of The Dead. I had Byron. I had Percy and Mary Shelley. 

I had Ten Days That Shook The World by Jack Reed and I had volumes of Emma Goldman. I had Invisible Man by Ralph Ellison and volumes of Faulkner. I had Conscience Of A Conservative by William F. Buckley Jr. and I had The Monkey Wrench Gang by Edward Abbey. 

“I take Bukowski’s work,” I began, though I feared she was having none of it, “to be stories and characters that show us how not to be. He is taking a snapshot of life as it is, in all of its dirt and grime; in its violence, bigotry and selfishness. But I don’t take his life of the gutter milieu to be a blueprint or affirmation of bad behavior.” 

“Oh,” she said, pulling out a volume of the Alexandria Quartet, “you have Durrell. Now this is beautiful.” 


Justice Putnam, a Berkeley poet and songwriter, submitted this piece for our reader contribution issue.

Arts Calendar

Tuesday December 28, 2004



Courtableu at 8:30 p.m. at Ashkenaz. Cajun dance lesson with Cheryl McBride at 8 p.m. Cost is $9. 525-5054. www.ashkenaz.com 

Stephanie Bruce and Brad Buethe at 8 p.m. at Downtown. 649-3810. 

Joshua Redman Elastic Band featuring Sam Yahel and Brian Blade at 8 and 10 p.m. Yoshi’s at Jack London Square. Through Jan. 2. Cost is $26-$100. 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. 



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


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

Mal Sharpe’s Big Money and Gumbo, New Orleans jazz, at 8 p.m. at Ashkenaz. Cost is $9. 525-5054. www.ashkenaz.com 

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

Riley Bandy Group at 8 p.m. at Jupiter. 848-8277. 

Vienna Teng at 8 p.m. at Freight and Salvage. Cost is $17.50-$18.50. 548-1761. www.freightandsalvage.org 

The American Roots Music Show with The Shots, Red Rick & Friends, Stuart Rosh & the Geniuses, at 8:30 p.m. at Blakes on Telegraph. Cost is $4. 848-0886. www.blakesontelegraph.com 




Word Beat Reading Series at 7 p.m. with featured readers Dillon and Stephanie Manning followed by an open mic, at Mediterraneum Caffe, 2475 Telegraph Ave., near Dwight Way. 526-5985.  


Singing for Your Life with members of SoVoSó, from noon to midnight at First Congregational Church of Oakland, 2501 Harrison St. at 27th. Suggested donation $10 and up, no one turned away. 444-8511, ext. 15. www.artsfirstoakland.org 

Bhangra Mix at 8:30 p.m. at Ashkenaz. Cost is $6. 525-5054. www.ashkenaz.com 

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



Berkeley Repertory Theater, “Polk County” A musical about aspring blues musician, Leafy Lee, at the Roda Theater, 2015 Addison St. to Jan. 9. Tickets are $15-$60. 647-2949. www.berkeleyrep.org  

Shotgun Players “Travesties” and Dada Party at 8 p.m. at The Ashby Stage, 1901 Ashby Ave. Tickets are $35, reservations required. 841-6500. www.shotgunplayers.org 


San Francisco Chamber Orchestra Classical celebration dedicated to the memory of Edgar Braun at 8 p.m. at First Congregational Church, 2345 Channing Way. Free. 415-248-1640. www.sfchamberorchestra.org 

Johnny Steele’s Hilarity Hoedown and Jocularity Jamboree at 9:30 p.m. at the Julia Morgan Center for the Arts. Tickets are $22-$28. 925-798-1300. www.juliamorgan.org 

José Roberto and Friends at 9:30 p.m. at La Peña Cultural Center. Cost is $20-$22. 849-2568. www.lapena.org 

New Year’s Eve Balkan Bash with guests Tzvetanka Varimezova, Ivan Varimezov and Kalin Kirlov at Ashkenaz. Cost is $18. 525-5054. www.ashkenaz.com 

New Year’s Eve Flamenco Fiesta with a traditional Spanish dinner at 9 p.m. at Café de la Paz, 1600 Shattuck Ave. Cost is $65-$95, reservations required. 843- 0662. www.cafedelapaz.net  

Art and Music Salon from 9 a.m. to 1 a.m. at Giorgi Gallery, 2911 Claremont Ave. For details on the event and for tickets see www.CHARISMAfoundation.org 

Bluegrass Gala with High Country at 8 p.m. at Freight and Salvage. Cost is $24.50-$25.50. 548-1761. www.freight 


The People at 9:30 at Blakes on Telegraph. Cost is $12 in advance, $15 at the door. 848-0886. www.blakesontelegraph.com 

New Year’s Eve with the Naked Barbies at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryploughpub.com 

David Jeffrey Fourtet in a New Year’s Eve Party at 10 p.m. at Albatross, 1822 San Pablo Ave. Cost is $5. 843-2473. www.albatrosspub.com 

Gary Rowe at 6:30 p.m. and Danny Caron and Friends at 9:30 p.m. at Downtown. 649-3810. 

Kool Kyle, hip hop, at 9 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $5-$10. 548-1159. www.shattuckdownlow.com 

That 1 Guy at 9 p.m. at Jupiter. Cost is $10. 848-8277. 

Rock ‘N’ Roll Adventure Kids, Sacramento at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $6. 525-9926. 

Joshua Redman Elastic Band featuring Sam Yahel and Brian Blade at 8 and 10 p.m. Yoshi’s at Jack London Square. Through Jan. 2. Cost is $26-$100. 238-9200. www.yoshis.com 



“A Cocktail of Glamour and Anarchy” works by Carl Linkhart, Michael Johnstone, David Faulk, Bill Bowers, Gustavo Villareal, Joshua Friewald. Reception from 1 to 4 p.m. at Giorgi Gallery, 2911 Claremont Ave. at Ashby. Exhibition runs to Jan. 30. 848-1228. www.giorgigallery.com 


Nepalese Cultural Dance and Music at 5 p.m. at Taset of the Himalayas, 1700 Shattuck Ave. 849-4983. 

Wadi Gad & Jah Bandis at 9:30 p.m. at Ashkenaz. Cost is $8-$10. 525-5054. www.ashkenaz.com  

Braziu, Leo Do Cavaco, Compaia at 9 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $10-$12. 548-1159. www.shattuckdownlow.com 

The Girlfriend Experience, The Bobbleheads at 9:30 p.m. at Blakes on Telegraph. Cost is $6. 848-0886. www.blakesontelegraph.com 

Stereo Blasters, Humanzee, The Dead Bull Fighters at 9:30 p.m. at The Starry Plough. Cost is $10. 841-2082. www.starryploughpub.com 

Nika Rejto Quartet at 9 p.m. at Downtown. 649-3810. 

Killing the Dream, Go It Alone, Shook Ones, 7 Generations at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $6. 525-9926. 



“Actors Reading Writers” Celebrating writing through live readings at 7:30 p.m. at the Berkeley City Club, 2315 Durant Ave. 845-8542, ext. 376. 


Trovatore, traditional Italian songs at 6 p.m. at Caffe Trieste, 2500 San Pablo Ave., at Dwight. 548-5198.  

Songwriters Symposium at 9 p.m. at Blakes on Telegraph. 848-0886. www.blakesontelegraph.com 

Benny Green & Russell Malone at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Thurs. Cost is $10-$14. 238-9200. www.yoshis.com 



The Tanglers at 8:30 p.m. at Ashkenaz. Two-step and waltz lesson at 8 p.m. Cost is $9. 525-5054. www.ashkenaz.com 

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

Benny Green & Russell Malone at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Thurs. Cost is $10-$14. 238-9200. www.yoshis.com 



“The Bright River” written and performed by Tim Barsky and the Everyday Ensemble at Julia Morgan Theater, 2640 College Ave. through Jan. 16. Tickets are $12-$35 available from A Traveling Jewish Theater, 415-285-8080. www.atjt.com 


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


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

Zydeco Flames at 8:30 p.m. at Ashkenaz. Cajun dance lesson at 8 p.m. Cost is $9. 525-5054. www.ashkenaz.com 

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

Zero Mass The Warren Teagarden Band, Serene Lakes at 8:30 p.m. at Blakes on Telegraph. Cost is $4. 848-0886. www.blakesontelegraph.com 



“The Bright River” written and performed by Tim Barsky and the Everyday Ensemble at Julia Morgan Theater, 2640 College Ave. through Jan. 16. Tickets are $12-$35 available from A Traveling Jewish Theater, 415-285-8080. www.atjt.com 


Word Beat Reading Series at 7 p.m. with featured readers Clive Matson and Gail Ford at Mediterraneum Caffe, 2475 Telegraph Ave. 526-5985.  


Utah Phillips with Bodhi Busik at 8 p.m. at Freight and Salvage. Cost is $22.50-$23.50. 548-1761. www.freightandsalvage.org 

Frank Jordans, Carter Tanton, The Proles at 9:30 p.m. at The Starry Plough. Cost is $5. 841-2082. www.starryplough.com 

Eric Swinderman at 8 p.m. at Downtown. 649-3810.?

Pear Tree Blossoms of White And Red After Cold Nights By RON SULLIVAN

Special to the Planet
Tuesday December 28, 2004

I’d been hearing it all day, as I worked: an odd, low, chuckling call, from somewhere outside my house. Not a bird, or at least none I could remember hearing; a dyspeptic cat? A toy? A really odd phone? A musical instrument, played badly? 

After dinner, I sat down to check my mail and Joe started the dishes. Then I heard a sort of strangled yawp, and a distressed call: “Come out here and tell me if you see this too…?”  

Our kitchen, on the second floor, has a big window that faces the gallery and stairs of the apartment block next door. Strolling calmly along that gallery was a chukar. I uttered my own strangled yawp—and then the chukar chuckled, and I realized what I’d been hearing all day. 

Now, the chukar is by no means native here. There are a couple of feral populations that were stocked for grouse hunters, but the closest I know of is way down around Panoche Valley, a long drive and a bad road from Berkeley. So seeing this big gray-and-tan chicken walking around the fire escape was a bit like seeing, oh, a zebra or a pangolin. It descended the back stairs and strolled around the parking lot, then our garage roof; it didn’t flee when I approached it with a handful of birdseed, but it never let me get closer than 20 or 30 feet either. It finally disappeared somewhere up the street, and I never saw or heard it again. It might have ended up where it might have been meant to, in somebody’s dinner. 

Only in hindsight did I realize I should have escorted the poor wandering bird around the corner to Grant Street, to the row of pyrus trees there. What else could a chukar be doing on the streets of Berkeley? Clearly, this was a partridge looking for his pear tree. 

Yes, there are lots of pear trees in Berkeley, but most of them don’t bear edible fruit. They’re flowering pears. Some of them are flowering right now, in fact, just a few white blossoms along with a sparse scattering of green leaves. Others have turned bright red and deciduous after the series of cold clear nights we’ve had. 

The difference is mostly in the species—Pyrus kawakamii, “evergreen pear” and Pyrus callyreana, which occurs in a bewildering variety of cultivars, the most famous being ‘Bradford.’ For a neat compare-and-contrast, check out the two blocks of Acton Street on both sides of Allston Way. 

There are pears a-plenty all over town, including in gardens. They’re handy to plant because, at least theoretically, they’re small enough to fit under powerlines. PG&E runs a “SafeTree” program that urges people to plant only short trees under powerlines; you can find their reps handing out rulers and erasers and such trinkets at garden shows and sales. They’re entirely correct, of course, in that planting a small tree will save some decidedly ugly and unhealthy pruning to clear the lines, years later; the problem is that evidently some lines are hung so low that you couldn’t count on a rosebush’s being short enough. Between that and the apparent necessity of making every residential lane safe for hugely top-heavy freight trucks, there seems to be less room for anything so gracious and inconveniently alive as a tree in our cities. 

If you have one in your garden, give it a little summer water, watch out for fireblight, and prune out only dead or crossing branches. 

Many flowering pears, especially Bradfords, do have one vice, a tendency to grow branches at narrow angles with included bark—bark that grows into the angle instead of rolling outward at the crotch. This weakens the limb, because it forces it away from the trunk and replaces sound wood besides. That’s why you’ll see older pears (especially ‘Bradfords’) pruning themselves, leaving nasty torn wounds. They generally aren’t big enough to be dangerous to those below, at least. 

I like them anyway. They flower in winter and early spring, when we need encouragement, and/or they sport glossy red foliage, also late in the year, like right now. The leaves are even pretty when they’re scattered on the ground. It’s not litter; it’s confetti! 

Berkeley This Week

Tuesday December 28, 2004


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

Morning Bird Walk Meet at 7:30 a.m. at the end of Tennant Ave. in Bayfront Park in Pinole to see shorebirds. 525-2233. 


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

Red Cross Mobile Blood Drive from 1 to 7 p.m. at St. Mary Magdalen Parish, 2005 Berryman St. 1-800-GIVE-LIFE.  


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

Singing for Your Life, improvised community circlesinging, with members of SoVoSó, from noon to midnight at First Congregational Church of Oakland, 2501 Harrison St. at 27th. Suggested donation $10 and up, no one turned away. 444-8511, ext. 15. www.artsfirstoakland.org 


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

New Year’s Eve Tea Tasting Learn the culture and natural history of tea. Bring your favorite cup. At 1 p.m. at Tilden Nature Area, Tilden Park. Fee is $10-$12, registration required. 525-2233. 

New Years Party at 1:30 p.m. at the North Berkeley Senior Center with romantic songs from Your Hit Parade, with popular musician Toru Saito. 

New Year’s Eve Hike Learn the customs and traditions from around the world on this annual walk at 4:30 p.m. at Tilden Nature Area, Tilden Park. 525-2233. 

New Year’s Eve Balloon Drop at precisely 4 p.m., (midnight Greenwich Mean Time) at Chabot Space and Science Center, 10000 Skyline Blvd., Oakland. 336-7300. www.chabotspace.org 


Animal Tracks Search for tracks and traces of animals on a short walk to Jewel Lake. Make a mold of a track to take home and be prepared to meet some mud. Meet at 10 a.m. at Tilden Nature Area, Tilden Park. For children 8-12 years old, registration required. 525-2233. 

One Special Salamander Salamanders abound in the Nature Area, but what makes a newt so special? Try to find a newt (but leave it here) on a walk through the park rain or shine. At 2 p.m. at the Tilden Nature Area, Tilden Park. 525-2233. 

“VoterGate: Is Our Democracy at Stake?” A community forum at 2 p.m. at Berkeley Unitarian Universalist Fellowship Hall, 1924 Cedar, at Bonita. Donation requested, no one turned away. 528-5403. 

Tea at the Historic Vistorian Cohen Bray Home, 1440 29th Ave, Oakland. Seatings at 1, 2, 3, and 4 p.m. Tickets are $25 and reservations required. 843-2906. www.cohenbrayhouse.info 

Personal Theology Seminar with Sarah Lewis on “A Contemplative Approach to the New Year” at 9:30 a.m. at Unitarian Universalist Church of Berkeley, 1 Lawson Rd., Kensington. 525-0302. 


Legacy of Bay Environmental Pioneers Cindy Spring and Sandra Lewis, founders of the Close to Home series, speak on the pioneering work of East Bay Regional Parks, Save the Bay, and Save Mount Diablo, with photos of hills and Bay by Bob Walker and others, at 7 p.m. at at Albany Community Center, 1249 Marin Ave. 848-9358. www.fivecreeks.org 

National Organization for Women, Oakland/East Bay Chapter meets at 6 p.m. in the Boardroom of the Oakland YWCA, 1515 Webster St. The speaker will be Alexis Reeves who has been called to active duty by the California National Guard. 287-8948. 

World Affairs/Politics Discussion Group for people 60 years and over meets Mondays at 9:15 a.m. at the Albany Senior Center, 846 Masonic Ave. Join at any time. Cost is $2.50 with refreshments. 524-9122. 


Mid-Day Meander on the Carquinez Strait to learn about John Muir’s father-in-law Jack London and “The Octopus” of Frank Norris. Meet at 2:30 p.m. at the Bull Valley Staging Area. 525-2233. 

“AgriCulture: Roots of Resistance in the Midwest” Join Katharine Jolda and Ingrid Evjen-Elias for a reportback of their three-week bicycle trip in the land of corn, soybeans, and Wal-Mart, at 7 p.m. at the Ecology Center, 2530 San Pablo Ave. 548-2220, ext. 233.  

Winter Backcountry Travel Safety and Survival with Mike Kelly of the National Ski Patrol’s search and rescue team at 7 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

Berkeley School Volunteers Training workshop for volunteers interested in helping in Berkeley Public Schools at 7 p.m. at 1835 Allston Way. 644-8833. 

Berkeley Salon Discussion Group meets to discuss “New Year’s Revolutions” 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. 



Equal Opportunity Offender By BECKY O'MALLEY Editorial

Monday January 03, 2005

This week we got a voice mail message directed to the “editor-in-chief” from a woman asking us for a public apology for running a “Kwanzaa commentary” that was deeply offensive. She said that we should have known it would be offensive, and that the author “Mr. McGruder” should be fired. I couldn’t remember running any Kwanzaa commentary—for a moment I thought one could have slipped by me in the readers’ contribution issue we published on Christmas Eve. And we don’t have anyone named McGruder working for us. 

Then I recognized the name: Aaron McGruder is the cartoonist who writes the Boondocks comic strip. I went back and checked the last two issues of the paper, and sure enough, Boondocks, in its quest for sacred cows to skewer, had landed on Kwanzaa, and I’d missed it. Lately the strip has seemed a bit labored, and I haven’t been reading it as regularly as I did when it first came out.  

From her voice, I imagined the caller to be an African-American lady, middle-aged or older. In other words, probably just the person Aaron McGruder is longing to offend, perhaps someone who would remind him of his grandmother or his aunties. I know him from a New Yorker profile and from reading Boondocks as an African-American himself and a congenital Bad Boy who loves to shock. 

Humor often skates on the thin ice of offensiveness. Most of the angry communications we’ve gotten from readers in the past year are about humorous, and more specifically satiric, items. Pictures are the worst offenders. A writer did a gently mocking report of a Berkeley parade staged by practitioners of a variety of non-centrist religious beliefs. While he offended some readers by not capitalizing the word “pagan”, the photo which accompanied the story was the real irritant. It showed two buxom and scantily clad young women leaning on the hood of a pickup. They were wearing fairy wings and smoking cigarettes, a combination which looked comic to many and offended some. We got letters from many self-identified Pagans around the world (and a few pagans) complaining about both the story and the picture. 

Editorial cartoons are the home of satire with a serious side, and one Planet editorial cartoon provoked particular outrage from some readers while getting praise from others. It showed a prone figure in Arabic dress impaled by a flagpole flying a flag which combined symbols from the Israeli and American flags. The cartoonist’s intent was to criticize the foreign policies of the two countries as they pertained to Palestine, and like many political cartoons it was more serious than humorous in intent. Some letter writers and callers took this cartoon to be generally anti-Semitic, because the Star of David was the part of the Israeli flag which was incorporated into the combined flag. Some thought it carried a hidden implication that the U.S. government is controlled by Jews, a la Protocols of the Elders of Zion. Of course, neither interpretation is correct, but expressing the same political criticism of the two governments in words alone might not have offended in the same way. 

This cartoon prompted a few readers to call our advertisers and tell them to cancel their ads. To their eternal credit, instead the advertisers called us to let us know what was going on, and refused to cancel. We especially appreciated one call from the Jewish owner of a small business, who made it clear that he didn’t like the cartoon and was made personally uncomfortable by any coverage of the Israel-Palestine controversy. He suggested that the paper should just stick to covering local news. I told him we were sorry to make him unhappy, but we thought it was our duty to cover all the news our readers are interested in, and many local readers are interested in the issue. He made his point forcefully, but when we disagreed with it he didn’t cancel his ad, for which we thank him. His willingness to live with controversy is paying dividends-- just this week someone told me about an expensive purchase she’d made at his store because he’s a Planet advertiser.  

This issue and subsequent ones will reprint some of the strongest pictures and cartoons which appeared in the Daily Planet in 2004. Some of them will certainly offend someone again. We won’t be re-running the offending Boondocks cartoons because we get them from a syndicate which only lets us run them once, but sometime in the new year, perhaps as early as next week, Aaron McGruder will surely annoy someone else. Our photographers will probably again capture some hapless subject in a comic pose in the next year. Our editorial cartoons, we hope, will continue to irritate.  

It’s our job, best described by John Kenneth Galbraith: “In all life one should comfort the afflicted, but verily, also, one should afflict the comfortable, and especially when they are comfortably, contentedly, even happily wrong.” Not that our readers are ever wrong, of course. 


—Becky O’Malley 


Global Disaster Plan Needed By BECKY O'MALLEY Editorial

Tuesday December 28, 2004

News of the earthquake and subsequent tsunami in Asia has shocked and scared those of us who live with the knowledge that it could happen here. When 3,000 Americans died suddenly in the World Trade Center, it seemed like an unimaginable number of deaths, but in Southeast Asia 23,000 deaths had been counted by Monday morning, with more to come as information continues to trickle in from remoter regions. For many Berkeley residents who have come here as students and stayed to become citizens, the fate of friends and family members back home caused immediate anxiety. Others of us have made friends through our travels to these countries and are worried about them now. Former Berkeleyans have settled in the affected countries, too—a good friend now lives in Bangkok, but often goes to beach resorts for vacations, and we haven’t heard from him yet. We heard from another friend who was on an island off the coast of Thailand that she was safe because she was on the landward side of the island, and we didn’t even know she’d gone there for a vacation until she e-mailed that she was all right.  

It’s not the first time that a disaster of this scale has struck somewhere in the world in our lifetime, but it’s possibly the first time that the new kinds of media which now criss-cross the globe have brought the disaster home with such immediacy. CNN’s web site, just one of many, offers news stories, maps, videos of victims and even e-mail accounts sent directly from people on the scene—just regular people, not reporters. We know more about this event two days later than we did about what was happening in Santa Cruz two days after the 1989 Loma Prieta quake.  

Scientific pundits are already saying that a decent warning system for the Indian Ocean, similar to the one which has been in place for the Pacific for the last 50 years, could have alerted many shoreline residents to the impending tsunami far enough in advance to allow them to seek high ground. According to a report in The Scotsman newspaper in Britain early Monday, Commonwealth Secretary General Don McKinnon has called for talks on creating a global early-warning system. New Zealand, his home country, has been protected for many years by such a plan. Local leaders in the affected area have said that the cost would be prohibitive for their individual countries, some of them very poor, and that they were caught off-guard because tsunamis are relatively rare in the Indian Ocean.  

This is why it’s crucial to create a new meaning for the word “globalization”, which has developed needlessly negative connotations. Dealing with risks like tsunamis, global warming, ocean depletion and other world-wide problems is simply impossible with the new nationalism which the President of the United States has been pushing throughout his term in office. We need to learn how to globalize risk, so that sub-sets of humans are not left to go it alone just because they happen to have been born in the wrong country. Developed countries like Japan, New Zealand and the United States have learned a lot about how to prevent needless loss of life in natural disasters, and their know-how should become the common property of humanity.  

The United States’ go-it-alone attitude in the international arena has had disastrous consequences for people in Afghanistan and Iraq, where we’ve made more havoc in our ham-handed attempts to help. International cooperation is what’s needed, especially when it’s a question of proactive efforts to prevent excess damage from natural disasters. It would be good if the response around the world to this most recent catastrophe could serve as a catalyst to developing a world-wide system to extend warnings equally to all threatened countries regardless of whether they’re rich or poor. 


—Becky O’Malley