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Jakob Schiller
          The gates of the Peralta Community Garden hold a plaque in honor of its founder, Karl Linn.
Jakob Schiller The gates of the Peralta Community Garden hold a plaque in honor of its founder, Karl Linn.
 

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Berkeley Gardener Leaves Rich Legacy By MATTHEW ARTZ

Friday February 04, 2005
Jakob Schiller
              The gates of the Peralta Community Garden hold a plaque in honor of its founder, Karl Linn.
Jakob Schiller The gates of the Peralta Community Garden hold a plaque in honor of its founder, Karl Linn.

Karl Linn didn’t just build some of Berkeley’s most resplendent gardens, his friends say. He built communities. 

Linn died at his North Berkeley home early Thursday morning after battling cancer of the bone marrow. He was 81. 

“He was a tremendously warm and loving man who always connected with the people around him,” said Leonard Duhl, a UC Berkeley professor and friend for nearly five decades. 

Linn was a psychologist and landscape architect by training, but he made his biggest mark by transforming forgotten swaths of urban blight into lush green space welcome to all. 

When he arrived in Berkeley 18 years ago as a retiree, the city had just two community gardens. 

“Karl developed a network of people who saw community gardens not just as a place to grow food, but as a way to bring neighbors together,” said John Steere a longtime friend. It was a philosophy, Steere said, that was rooted in his childhood. 

Linn spent his the first 11 years in the German town of Dessow, where his family owned an orchard full of apple and cherry trees. 

“I established a deep ecological connection with whatever natural elements and creatures were around me,” Linn told The Sierra Club magazine in a 2001 piece.  

His idyllic youth ended abruptly with the rise of Hitler. Soon he was ostracized by classmates and targeted by ruffians. “I could hear the Nazi’s goose-step as they walked down the cobblestone street towards the farm, checking the house and threatening us,” he recounted in the 2003 documentary film, “A Lot In Common,” about the creation of Peralta Community Garden. 

In 1934, Linn and his parents fled to Palestine, where they lived on a kibbutz. After graduating from the university, Linn helped start a new kibbutz where members grew orchards on dessert terrain. 

“It was during this time that I began to see the importance of creating places for privacy and contemplation, but also for community participation,” Linn told the Sierra Club. “Places where young and old could be in each other’s presence, but not in each other’s way.” 

But the widening divide between Arabs and Jews troubled Linn. At a time many of his cohorts were preparing for the coming war Israeli-Arab War, Linn, at age 23, left Palestine in 1946 to study psychology in Switzerland. 

After several years in Zurich, he immigrated to New York were he worked both as a child psychotherapist and as a landscape architect. 

Frustrated that most of his landscaping work came at the suburban homes of wealthy clients, Linn accepted a post teaching landscape architecture at the University of Pennsylvania, where instead of sending his students to their studios, he drafted them to work on community projects in blighted sections of Philadelphia. 

One such project—the renovation of a courtyard at a local African American cultural center—introduced Linn to Carl Anthony, at the time a 23-year-old high school dropout who would go on to Columbia University and become a lifelong friend.  

“I had gone to vocational school studying drafting and I was just becoming aware of the civil rights movement,” Anthony said. “Karl helped show me how my concerns about social justice could go together with my love for landscape design.” 

Together, the duo traversed the backyards of inner city Philadelphia seeking to build gardens and bonds among neighbors.  

“Some of the things he did were so beautiful they’d make you cry,” he said. Anthony recalled one project where he had neighbors smash their plates and pave the broken pieces into an alleyway behind a vacant lot. “It symbolized that you can take whatever you have and make something beautiful out of it.” 

Anthony said Linn’s efforts to build urban gardens in the inner city sometimes met resistance from locals skeptical of his plans and energized by the movement for black empowerment. 

“I kept pushing him to be more open about the holocaust and his history,” he said. “That was something he and I struggled over. He had to understand that he was working with people who were escaping from a rural background.”  

From Philadelphia, Linn taught in Washington, D.C., New York and New Jersey before retiring to Berkeley in 1987. 

Friends said they didn’t know why Linn chose Berkeley, other than its reputation as a progressive town open to new ideas. 

It didn’t take Linn long to get involved in the community. He helped gardeners design plots, worked with Parks For Peace, which built parks in war-torn cities and in 1989, he teamed with Anthony and Berkeley native David Brower to form Urban Habitat, an organization dedicated to educating minority students to become leaders for sustainable development. 

He also participated in dialog groups with Jews and Arabs about the violence in Israel and Palestine. Linn who was never comfortable with Zionism or any philosophy that divided peoples, opposed the Israeli occupation, his friend Nadine Ghammache said. 

His foray into spearheading Berkeley gardens began in 1992 when the city named a derelict garden at the corner of Hopkins Street and Peralta streets on city space in his name. 

“Since my name was sitting there, I did not want to be embarrassed by a garden that did not look very appealing, and I wanted to do something about it,” he said. 

While he was working on the Karl Linn Garden, Linn couldn’t help but notice two vacant plots just down the street, owned by BART. 

For eight months in 1996, he worked with BART officials to secure the land for what would become the Peralta and Northside gardens.  

“He wore the BART folks down,” said Councilmember Linda Maio. “Every piece he wrestled them to the ground until he got it.” 

Later, he would co-found Berkeley Ecohouse, and most recently he helped created an art education walk along the Ohlone Greenway. 

Those who worked with him remarked at his determination and gentle ways of persuasion.  

“Karl was a magician of motivating people,” Steere said. “It was hard to say no to him. He was irresistible.” 

“People always agreed to things for him because of his spirit and his belief in the project,” said Fran Segal, who worked on the Ohlone Greenway Art Exhibit. 

Greg VonMechelen, co-chair of the Berkeley Ecohouse remembered getting frequent 7 a.m. phone calls from Linn inquiring about his progress in the project. “I had to tell him that early morning calls weren’t part of my daily routine.” 

Linn’s dedication was best demonstrated in the field, VonMechelen said. “I remember one day he got overheated and we asked him to slow down. He replied that if he were a blender he’d have only two speeds: pulverize and liquefy.”  

His gardens always included art, a common area for people to face each other and talk as well as wide walkways and raised plots so wheelchair users could plant groves. 

In the documentary, Linn said of his work, “I concluded how important it is for me not to be a pessimist or an optimist, but a ‘possibilist’. To create possibilities of working with people creating life-supportive, life affirmative small projects that could be inspiring and enrich people’s lives.” 

His determination, was matched by his kindness, said Beebo Turman, who worked with Linn to form the Berkeley Community Gardening Cooperative, joining school and community gardens. “He is the only person I’ve met who when I was ready to leave would always escort me all the way to my car.” 

When Turman visited Linn last week, she found him hard at work in rumpled pajamas, preparing his papers for the Bancroft Library and figuring out ways to make sure the gardens would have funds for small repairs. 

That day, Linn, who rarely spoke about religion, confided in her that he wasn’t afraid of his impending death. “You know I’m very excited about the next phase of all this,” he said. 

For those he left behind, his legacy is their joy. 

“He really transformed this place,” said Carol Bennett-Simmons, a gardener at Peralta. “Now when you walk through the neighborhood you know so many more people.”  

Linn is survived by his wife Nicole, his son Mark, and his stepchildren Joel, Naomi and Dan. Memorial plans have not yet been arranged. 

 

 


UC Unveils Stadium, Academic Commons Construction Plans By RICHARD BRENNEMAN

Friday February 04, 2005

UC Berkeley Chancellor Robert Birgeneau formally unveiled the university’s plans for a quarter of a billion dollars worth of privately funded new construction Thursday, prompting an angry response from Mayor Tom Bates. 

Included in the projects announced Thursday are a $120 million or more renovation of the western half of Memorial Stadium, a $100 million-$120 million academic building to the west of the stadium and landscaping to create pedestrian plazas and open space between the stadium and Boalt Hall. 

“I am profoundly disappointed to report that this is the first time any City of Berkeley official has laid eyes on these plans,” declared Bates. 

“This announcement reinforces the city’s position that the new UC Berkeley Long Range (Development) Plan (LRDP) is deeply flawed and exists only to rubber stamp back-room development deals.” 

Bates’ comments drew an immediate response from UC Berkeley spokesperson Marie Felde, who declared the “neither the city nor the mayor has been kept in the dark.” 

Felde said UC officials “take great exception to the notion that there’s been some sort of back-room deal. Who has not know of the university’s desire to seismically upgrade the stadium and provide more academic amenities?” 

The university’s press release made no mention of plans for permanent television lights at the stadium—a perennial bone of contention with nearby Panoramic Hill residents. 

Tom Lollini, assistant vice chancellor for physical and environmental planning for capital projects, has acknowledged that lights are in the works, which is certain to trigger a third round of neighborhood opposition. 

Two earlier lighting proposals were defeated, and the university has been using temporary lighting for evening and night football games.  

The second project of the university’s plans, the Southeast Quadrant Academic Commons, will provide additional space for Boalt Hall School of Law, the Haas Business School and the Intercollegiate Athletics department. 

No size estimates have been made for the structure, Felde said. “The departments haven’t determined which types of programs would go into the new building,” Felde said, “and it is the program requirements which determine size requirements.” 

Construction funds for both the stadium and the academic building would come from donors, Felde said. 

While substantial funds have been raised for the stadium program, the law and business school administrative staffs have only begun to discuss fund-raising efforts for the Academic Commons, she said. 

Requests for qualifications seeking architects for both projects have been issued, and the filing dates have passed. 

Plans called for interviews on Jan. 28 with the short list of candidates selected for the stadium project, but Felde said that the talks have been postponed until the end of this month at the requests of the applicants. 

Birgeneau’s announcement and Bates’ response come as City of Berkeley officials are preparing a lawsuit challenging the adequacy of the environmental Impact report the university prepared in conjunction with the school’s (LRDP), which outlines school growth plans through 2020. 

The overall plan for the southeast quadrant of the main campus was formulated by the Memorial Stadium Advisory Committee over the last few months, Felde said. 

The university official said city officials and the public will have plenty of time to add their voices to the project during the environmental review process, which should begin after detailed plans are ready, “hopefully by the fall.” 

“Once we have that level of detail, we can then begin the review,” Felde said. 

Bates noted that the overall plan hadn’t been mentioned in the LRDP, and the only information made available to the city was the same release given to reporters and posted on the university website Thursday morning. 

Felde said that plans to improve the pedestrian areas and open space in the area hadn’t been finalized, nor had they progressed as far as the requests for qualifications issued on the stadium and Academic Commons. 

“The idea is make the area around the stadium more attractive, so it’s more than just sawdust,” Felde said.


Greenlining Institute Looks to Redraw Political Landscape By MATTHEW ARTZ

Friday February 04, 2005

In a town that would relish a role as the intellectual antidote to the current Washington establishment, one well-heeled group intent on battling conservative policy wonks has set up shop on University Avenue. 

“Right now there are a lot of radical right-wing nuts who want to kill the New Deal and undermine the civil rights gains of the ‘60s. We take that as a personal affront,” said Paul Turner, political director of the Greenlining Institute, an organization devoted to fighting for the economic interests of minorities. 

Last April, the 12-year-old nonprofit—looking, as Turner said, to “put the think in our tank”—bought a downtown Berkeley office building at 1918 University Avenue to be closer to the intellectual capital of UC Berkeley. The institute had previously been based in San Francisco. 

“We want to be closer to the university so we can provide an alternative to conservative think tanks and focus on helping minority communities in urban centers,” Turner said. 

But no sooner than it moved in did the institute embroil itself in city politics. When a Berkeley group pushed for publicly financed city elections in November—a top national priority for Greenlining—the institute stepped in, offering them discounted rent at their offices, access to donors and bundles of research to make their case to Berkeley voters. 

“They were a key ally,” said campaign co-chair Dan Newman. “They sat on our steering committee and helped put our ballot campaign together.” Berkeley voters rejected the proposal.  

Now Greenlining is lending its offices and organization skill to Latinos Unidos and United in Action. The two Berkeley groups have joined forces to lobby for the interests of minority students in Berkeley schools and elect its supporters to the School Board. 

“We’re hoping their experience can rub off on us,” said Santiago Casas, a member of Latinos Unidos. 

Turner said his organization wanted to work with as many Berkeley groups as possible, but cautioned that it had no intention of becoming a local political force. 

“If local groups seek our advice, we’ll be happy to give it,” he said. “But as far as taking the lead, I don’t see it.” 

With a $4 million annual endowment, Greenlining’s interests are larger than Berkeley, stretching from Sacramento to Washington, DC. Started in 1994 by John Gamboa, a co-founder of the consumer interest law firm Public Advocates, and backed by minority business associations, the institute has fought to extend the benefits of capitalism to inner-city neighborhoods that had been traditionally cut off from access to business and home loans. 

“Making the unbanked bankable has always been a top objective,” Turner said. 

To persuade banks to serve inner-city clients, the institute has opposed high-profile bank mergers, threatening to demand hearings before the Federal Reserve Board if the bank didn’t agree to invest more in inner cities. 

Under pressure from Greenlining, Wells Fargo committed $45 billion to community lending and $300 million to philanthropic causes as part of its 1996 acquisition of Los Angeles-based First Interstate Bank. Washington Mutual, also hounded by Greenlining, agreed to provide $120 million in community lending as part of its 2001 merger with Bank United. Similar concessions have been squeezed out of insurance and utility companies. Greenlining issues annual report cards tracking the institutions’ progress in hiring minorities and serving minority communities. 

The organization also retains two attorneys to initiate public interest lawsuits against organizations they feel discriminate against minorities. 

Although it fights in the name of the poor and disenfranchised, Greenlining’s close relations with corporate donors and its commitment to economic expansion have also drawn enemies on the left. 

“Our experience with Greenlining is that they often don’t tell the truth and they’re quick to hurl allegations rather than dealing with the facts,” said Bill Magavern, legislative analyst for the Sierra Club. The environmental group has battled Greenlining on several fronts, most recently legislation that would have weakened standards for the clean-up of contaminated industrial sites, called brownfields. 

“We see brownfields as an opportunity to build affordable housing,” Turner said. “Right now, there’s too much regulation in California to meet the housing needs of its residents.”  

The legislation in question, SB32, passed, but only after lawmakers stripped some of the provisions sought by Greenlining that would have given municipalities and developers greater authority to set clean-up standards. 

Magavern thinks Greenlining’s environmental policies are rooted in the interests of key donors. “Look at who they take money from,” he said. “Part of their modus operandi is to threaten people until they get paid. We’ve never given them money so that is one of the problems they have with us.” 

Tracking down Greenlining’s major contributors isn’t simple. The names of major donors are whited-out on the organization’s federal tax forms. The omission was news to Turner, he said. 

He said that corporations accounted for about one-third of the institute’s revenues. The rest, he said, comes from foundation grants and fees from intervening on behalf of the public before the state Public Utilities Commission. 

Greenlining faxed the Daily Planet its 2002 tax returns, which listed four contributions, including $250,000 from Washington Mutual, $300,000 from Wells Fargo, $450,000 from the California Endowment, and $1.67 million from the Frente Foundation, a Latino charitable organization. 

In 1998, Greenlining came under fire from the consumer rights organization Foundation for Tax Payers and Consumer Rights for taking “at least $300,000” from utility companies and then opposing FTCR’s Proposition 9 that would have derailed a proposed public utility bailout for bad investments. 

In a letter to Gamboa, the FTCR’s Harvey Rosenfield blasted the institute for exploiting the people they claimed to represent. “Your efforts are always devoid of more than a few crumbs at most for the poor, symbolic gestures that are a cheap price for the utilities, insurance companies and banks to pay to obtain a seal of approval from self-appointed representatives of the poor,” he wrote. 

“We get a lot of criticism from [anti-corporate] purists,” acknowledged Turner, who defended the institute’s stand on Proposition 9. 

“We are not anti-corporate,” he continued. “We are for community empowerment, investment and development. Corporations have a role to play in that.”  

One exception so far is the casino industry which is seeking to push itself into minority communities by holding out the promise of jobs and tax revenue. Turner called casino operators “another special interest” and said the institute hasn’t taken a position on Gov. Schwarzenegger’s proposal to establish a casino in San Pablo. 

At the moment, Greenlining is embarking on several initiatives. The institute is working with corporate partners to improve access to heath care in minority neighborhoods. Legislatively, it is pushing for universal health insurance, the preservation of Social Security and publicly financed elections, with an eye to a state ballot measure in 2008. 

To boost its policy credentials it is partnering with UC Berkeley’s School of Public Policy and Institute of Governmental Studies. And to train future leaders it runs an academy for college students and operates Casa Joaquin, a UC Berkeley dormitory remade as a politically-conscious multi-ethnic living space. 

Perhaps its most ambitious project, Turner said, is in Merced where, instead of its traditional role of facilitating financial opportunities for other groups, Greenlining is taking the lead to join lenders, insurers, utility companies and developers in building 50 units of affordable housing near the new UC Merced campus.  

The initiative came after Greenlining released a report in 2003 warning city leaders that poor residents would be forced out of Merced by a housing shortage unless they took bold action such as fostering “private-public partnerships, reducing regulatory and environmental barriers to housing, creating incentives for higher-density housing or multi-family housing, hiring UC staff locally and utilizing in-fill and vacant properties for housing.”  

While the project would catapult the institute into new territory, Turner instead said Greenlining’s future rested in using its brain trust to better wed minorities and capital.  

“We make the opportunities,” he said. “Others have to seize it.”?


Berkeley: The Left’s Test Lab By MATTHEW ARTZ

Friday February 04, 2005

When the Greenlining Institute made its foray into Berkeley politics last year it was seeking to add to the city’s storied tradition as a national springboard for political innovation. 

Since the city made waves in 1979 by divesting from South Africa, revolutionaries with a dollar and a dream have determined that if they can’t make it in Berkeley, they probably won’t make it anywhere else. 

“Things get started in Berkeley. It’s an activist town,” said Robyn Few, director of the Sex Workers Outreach Project, which saw voters trounce its proposal to decriminalize prostitution in November.  

Other political drives have been more successful. Environmentalists, led by Berkeley allies, convinced the City Council to ban Styrofoam in 1988, and in recent years, to power its sanitation fleet on biodiesel. 

Last March, the San Francisco-based Center For Law and Democracy initiated a successful ballot measure, making Berkeley one of the first cities in the country to approve instant run-off voting. 

Yet the recent record for backers of political innovations suggests they might want to relocate. In November, measures to make Berkeley the first city to publicly finance city elections, decriminalize prostitution and guarantee the distribution of marijuana in the case of a federal crackdown all went down in defeat. 

Two year’s earlier, voters by a margin of greater than 2-1 defeated an initiative, proposed by former Berkeley resident Rick Young and backed by Global Exchange, that would have barred brewed coffee that wasn’t fair trade, shade grown or organic. 

Still Councilmember Kriss Worthington thinks Berkeley is a place where new ideas can flourish. “When there is a consensus among progressives then we get things done,” he said. 

Worthington said that consensus existed for instant run off voting, but not for other initiatives like prostitution, which had more support from libertarians than liberals. 

Worthington said he was considering floating two initiatives in future elections: one to implement a Berkeley minimum wage, and the other to allow non-citizen parents of Berkeley school students to vote for school board. 

Last year’s vanquished are also not yet conceding defeat. Few said she expected to take her initiative to San Francisco and maybe to Oakland, while Dan Newman, who worked with the Greenlining Institute on the campaign finance reform measure, might try his luck a second time with Berkeley voters. 

“We’re just going to have to do a better job of educating voters about this great system,” he said.º


School Board Blasts Governor’s Education Cuts By J. DOUGLAS ALLEN-TAYLOR

Friday February 04, 2005

Berkeley Unified School District’s superintendent and board directors, at Wednesday’s meeting, blasted Gov. Arnold Schwarzenegger’s education budget cuts, calling on constituents to write protest letters to the governor and legislators and promising further action. 

Superintendent Michele Lawrence had placed a resolution on the consent calendar stating, in part, that BUSD “strongly opposes the governor’s 2005-06 budget proposal and urges the governor to uphold the education funding protections the voters say they want.” But after Student Director Lily Dorman-Colby moved the resolution to the action calendar “because it needs more attention,” directors took the microphone one-by-one to denounce the cutbacks. 

Last year, Schwarzenegger won support for one-year budget cuts from state education leaders in return for his promise that the money would be returned in the 2005-06 budget. But when the governor released his budget proposal last month, he reneged on that deal, requesting that the cuts in public education be made permanent. 

Director Joaquin Rivera called it “extremely disturbing that the governor is going back on the promise he made.” Dorman-Colby called Schwarzenegger’s actions “upsetting.” In an op-ed article released this week to newspapers around the state, Dorman-Colby wrote that she was “calling on everyone in the state to speak out in defense of public education funding, but I am calling most specifically on students across the state. We must stand up and be counted.” 

Director Terry Doran said that “every citizen will be affected if our education is allowed to deteriorate.” He added that “there are many other suggestions for solving our state budget problems than cutting education.” 

Director John Selawsky said that the education cutbacks “may actually galvanize people into action. That’s what I’m hoping for.” Selawsky said that “we in Berkeley have pounded on that drum for years in saying that education must be fully-funded. But others are now taking up that drumbeat.” 

Lawrence said that the resolution, which passed unanimously, was only the “first of many actions we’re going to be taking” in opposition to the budget cuts. 

She said that the California School Boards Association and the California Teachers Association are working on a joint legislative action day to bring constituents to Sacramento. In addition, Lawrence said that superintendents representing Alameda County’s school districts met this week to plan actions, and would soon be writing letters to legislators and meeting with legislative leaders to plan strategies over the anticipated budget fight. Beginning in March, Lawrence said that the district will start organizing Berkeley-based actions, with information-action meetings planned with school PTA’s and community groups around the city.  

Dorman-Colby said, following the meeting, that she was meeting with Berkeley High School student leaders this week to plan actions, and would move from there to contact student leaders around the state for possible coalition efforts. 

After the shots at Gov. Schwarzenegger, the rest of the school board meeting was short and less eventful. The board: 

• Approved the hiring of Berkeley-based Design Community and Environment company (DCE) to assist the district in the West Campus, Oregon/Russell, and Old City Hall projects. BUSD is moving its administrative offices to the West Campus site, closing its Old City Hall operation altogether and moving personnel from the Oregon/Russell property. DCE announced that they want to hold four community meetings between March and May at the West Campus site to discuss the proposed move, with the first meeting scheduled for March 3. 

• Approved master plans and proposed projects by landscape architect Miller and Company for $180,000 landscaping and playground improvements at LeConte and Washington elementary schools. Money for the improvements will come from the Berkeley Schools Excellence Project (BSEP). If the BSEP Site Committees for the respective schools approve the projects, construction could begin as early as this summer. 

• Approved a waiver of credential requirements in order to allow the appointment of BHS counselor Roland Stringfellow as interim Vice Principal of Berkeley High School. Stringfellow’s appointment was made necessary after Vice Principal Mark Wolfe unexpectedly resigned last month for personal reasons. 

• Confirmed Margaret Rowland to fill out BUSD’s three-member Merit Commission. The commission—which is composed of one district representative, one classified employees union representative, and one member chosen jointly by the district and union reps—makes the final decisions in hiring and other personnel decisions regarding the district’s classified employees. Rowland fills the “mutual chosen” slot on the commission, joining commissioners Shirley Van Bourg and Roy Doolan. Her term expires in December of 2006.


State Mediator Calls Off UC-Union Negotiations By JAKOB SCHILLER

Friday February 04, 2005

A state mediator brought in to facilitate the bargaining of a new union contract between the University of California and service workers has called off talks between the two sides, according to the chief negotiator for the union representing 7,300 service employees at the nine campuses. 

“The mediator has told the parties that she does not believe there is anything further she can do at this time,” said Paul Worthman, who works for the American Federation of State, County and Municipal Employees union local 3299. 

After months of unsuccessful efforts agree to a new contract after the former one expired in June, AFSCME declared impasses in mid-January and asked the mediator to intervene. The state mediator met with both sides separately, but according to Worthman decided their proposals were still too far apart to continue negotiating. 

At UC Berkeley, there are around 700 service employees represented by AFSMCE who clean classrooms and run the student dining halls, among other duties. Two of their main concerns for the contract are pay raises and a step system for job promotions. 

Worthman said employees have criticized the university for giving large bonuses to top UC executives while being unwilling to give raises to the service employees. Service workers have not received an across the board raises since October 2003. 

“The average salary [for UC service workers] is $12, and one cannot raise a family on $12 an hour,” said Kelley Sebesta, a building maintenance worker.  

Noel Van Nyhuis, a spokesperson for the University of California, said the university has been unable to provide system-wide pay increases because of state budget problems. He said the compact agreed to last May between Gov. Arnold Schwarzenegger, UC and the California State schools, which would increase funding for both schools, should allow for system-wide increases. That agreement would go into effect in 2005-2006 but still needs to be approved by the state legislator. 

The union, however, contends that only a quarter of the money that pays for service worker salaries comes from state money. The rest comes from self generated fees such as parking permits. They say the university is using the state budget as an excuse. 

“To give our members a 3 percent raise would cost less than $100,000 per campus per year of state money,” said Worthman.  

Van Nyhuis said even though state money only makes up somewhere around a quarter of UC’s funding, it is largest source of reliable funding, whereas much of the additional funding the university receives is through one-time gifts. He said the university does not want to increase wages, which would create a permanent expenditure, unless it is based on a permanent and reliable revenue source.  

The step system would formalize the seniority process. The union wants a system used by other unions which guarantees that employees will move up the job classification ladder each year as long they perform at work. After five or six years, they would reach the top of their job classification.  

Currently, the union said, employees are at the will of the university, which decides who gets raises and when they get them, a system they said breeds favoritism.  

“We have food service workers at UCLA making $8.32 an hour, and they have been there for five or six years,” said Worthman. “We have other people who have been put at the top of the range after a year or two.” 

“People who have worked here for years have still not topped out,” said Maria Ventura, a lead food service worker at UC Berkeley. “They never will unless we get a step system in here.” 

Other issues the union addressed in negotiations included what they call “a chance to advance.” According to Worthman, employees want the chance to advance to university jobs that they can make a career out of. Worthman said the university often overlooks qualified service employees and hirers from outside the university when it fills higher level job positions.  

Van Nyhuis said the university supports career development for employees and has developed a “career development committee” to help workers map out a career plan. 

If mediation does not resume, the union is now free to use traditional tactics, such as a strike, to apply pressure on the university. They were restricted by state law from escalating their pressure on the university until they met with the mediator.  

Van Nyhuis said that if mediation ends, the university “will do whatever is necessary to reach an agreement and move forward.” 

In the meantime, the union is also going to start a campaign to stop the university from buying service worker uniforms produced by sweatshop labor. According to Worthman, the university has a code of conduct that prevents it from purchasing products made in sweatshops, such as the sweatshirts sold at the student union. He said the union looked at the labels on uniforms and saw they were made in several places that use sweatshop labor including El Salvador, Vietnam and Burma. 

“There is absolutely no way to know whether these are being made by eight-year-old girls,” said Worthman. “We are taking this to United Students Against Sweatshops and have talked to Sweatshop Watch. We are hoping to see a national campaign that would require all universities to adopt a code of conduct for the uniforms that their employees wear.” 

Van Nyhuis said the university does not support sweatshops and “would definitely like to talk to [the union] about that and deal with it.”2


Campus Bay Inspires Legislation By RICHARD BRENNEMAN

Friday February 04, 2005

To state regulators, they’re Meade Street Operable Units 1 and 2; to Russ Pitto, they represent opportunities for long-term investments, and for state Assemblymember Loni Hancock, they represent everything that can go wrong with the regulatory process. 

Campus Bay and the Bayside Research Campus are the two adjacent properties in South Richmond that Pitto hopes to develop, one as a major housing complex and the other as a corporate/academic research park. 

But for Hancock, their history—and especially that of Campus Bay—is the reason her staff is busily writing up two pieces of legislation she plans to introduce by Feb. 18.  

The first prong of her legislative effort will target problem areas in existing legislation while the second will establish an overall framework for deciding which agencies will handle which cleanups, said Gayle Eads, legislative aide to the Berkeley assemblymember. 

There has been a battle over the oversight of the Campus Bay property, where 1,330 units of housing are planned atop a buried mountain of waste generated from a century of chemical manufacturing. 

Complaints by area residents led to a legislative hearing, called by Hancock, at which jurisdiction over most of the site was transferred from the Regional water Quality Control Board to the far more rigorous state Department of Toxic Substances Control, a process completed in December. 

As the law now stands, developers can pick their own regulator, a process that Hancock’s legislation would end. Eads said the law would impose an overall state plan guaranteeing public participation, transparency and accountability.  

“Everyone would be able to understand what’s going on, including the developer,” she said. “It would make someone responsible and stop agency shopping.” 

Pitto’s role at Campus Bay has long been public knowledge, but his role as the prospective developer of a major research park at the former Richmond Field Station has only recently come to light. 

The Marin county developer, who is backed by a multinational investment firm, had been forced to abandon plans for a research park at Campus Bay when the market for biotech stocks nose-dived after 9/11. 

Pitto says a research and development facility next door that is part of the university stands a much better chance. 

“Stanford Research Park, another cooperative effort, is a great success,” Pitto said, “and UC San Francisco has had incredible success with their Mission Bay Campus. Berkeley had not taken that step into public/private partnership, and now they are.” 

The site will continue to house engineering research and a library facility, among other current uses, he said. 

“It’s an incredible opportunity for the university and an incredible opportunity for private industry,” Pitto said. “It’s an incredible piece of property and the university has an incredible pool of talent. If we built it on our own it wouldn’t say the same thing as something done in connection with the university system.” 

Pitto and the university have yet to sign a deal, but negotiations are currently underway. 

Meanwhile, excavations have stopped at Stege Marsh, the waterfront portion of the Campus Bay site which has been polluted by chemical manufacturing activities. 

Polluted soil was being excavated to restore the habitat for the endangered clapper rail seabird and other critters but stopped on Jan. 31 in accordance with an order from the U.S. Fish and Wildlife Service, which set the date to protect the site during the nesting season of the endangered bird. 

Pitto’s firm has applied for an extension that would allow them to finish the shoreline work, and a reply is expected today (Friday) from the wildlife agency, said Curtis Scott of the Water Quality Control Board.


Brennan’s, Nexus Gallery Top Landmarks Agenda By RICHARN BRENNEMAN

Friday February 04, 2005

Landmarks Preservation commissioners will consider a trio of controversial applications when they meet Monday night. 

The first two seek to landmark a pair of buildings at the site of a proposed four-story condo and commercial project at 700 University Ave. 

The third seeks to designate a brick-and-mortar industrial building at 2701-2721 Eighth St. that has been a bone of contention between an artists’ collective and the Berkeley/East Bay Humane Society. 

The application to landmark the Celia’s Restaurant Building and Brennan’s Irish Pub followed the application of San Mateo developer Dan Deibel to build a project that would fill virtually all of the 700 block of University Avenue. 

Preservationist Gale Garcia filed two applications, and other preservationists have charged that the site might cover human remains and archaeological artifacts from the Berkeley Shellmound. 

Deibel agreed to additional core tests to search for remains following criticisms raised at the commission’s December meeting. 

Members of the Nexus Collective and Gallery feared possible eviction if the Humane Society had decided to demolished the building the artists lease from them, but the society challenged the application written by John English and said they plan to come up with their one of their own, while vowing their intent to preserve the 1920s structure. 

The meeting begins at 7:30 p.m. in the North Berkeley Senior Center, 1901 Hearst Ave. 

—Richard Brenneman


Richmond Council Derails Campus Bay Panel By RICHARD BRENNEMAN

Friday February 04, 2005

Fellow councilmembers Tuesday forced Richmond Mayor Irma Anderson to shelve her plan for a Blue Ribbon Committee on Campus Bay, following the pleas of both project critics and developer Russ Pitto. 

Councilmembers agreed with Pitto and his foes that formation of the committee would be a potentially costly waste of effort until state regulators decide what can and can’t be built on the pollutant-laden site. 

Pitto’s Marin County-based Simeon Properties, armed with the bankroll of Cherokee Investment Partners, proposes a 1,330-unit housing complex on the South Richmond site. That proposal can’t move forward without an approval from the state Department of Toxic Substances Control (DTSC), which is now evaluating the site. 

The council also tabled another proposal sparked by events at Campus Bay, a city zoning code revision by councilmembers Tom Butt and Gayle McLaughlin that would impose stringent conditions on the demolition of buildings used to manufacture or store toxics. 

Despite the urging of the two sponsors, Anderson and the council majority stopped action so city staff search could for potential troubles with the wording. 

The legislation was inspired by the virtually unregulated demolition of more than 40 buildings at Campus Bay, relics of a century of churning out sulfuric acid, pesticides, herbicides and other noxious compounds. 

Contra Costa County Health Director Wendel Brunner has decried the demolition in which nearby residents and workers were deluged with dust from a severely polluted site and nobody was keeping track of what was in it.  

The only city authorization required was a check for $1,058.50 accompanied by a dozen numbers and 22 words on a five-by-eight-inch note card. 

“Buildings were demolished without any ministerial oversight,” said Butt, who based the language of the amendments on similar codes adopted by a large number of cities across the country. 

Sherry Padgett, who works next to the Campus Bay site and is the leading spokesperson for Bay Area Residents for Responsible Development (BARRD), offered strong support for the amendment. 

“Something went very, very wrong at one of the most toxic sites in the state. There was no public notice, no environmental impact statement, no precautions, no protections and no hazard notices,” she said. 

Vice Mayor John Rogers, who runs cable ads referring to himself as “The Peoples Lawyer,” said he worried that the statute could apply to “someone who has stored a can of paint in his garage for a few years.” 

“I would like to hear from Mr. Pitto,” said Councilmember Nathaniel Bates. 

But it was already over, and the council moved on to the next item, with the Butt/McLaughlin amendment off for a staff review and reappearance at the next council meeting. The council did hear from Pitto, but only later, when it came time to consider Anderson’s committee on Campus Bay. 

Pitto has planned to build a condominium community on the site directly over a 35,000-cubic-yard buried waste dump created under the supervision of the San Francisco Bay Regional Water Quality Control Board and now under the supervision of the state Department of Toxic Substances Control (DTSC). 

The thinly capped mound contains acid-producing iron pyrite ash and other waste collected from the site and from the University of California’s Richmond Field Station immediately to the west, which has its own history of contamination and where Pitto hopes to build a major academic/corporate research park under UC auspices. 

Under Anderson’s plan, each councilmember would appoint one committee member, hopefully including those with expertise in public health and toxics. 

“I recommend it because this is an important project and we need community input. . .as we make decisions on this project,” Anderson said. 

“It’s a controversial project and a large project and the costs could be quite expensive,” Rogers said. 

A that point, Ethel Dodson, a longtime opponent of Pitto’s project, announced that she had turned in enough signatures for the toxics agency to trigger formation of an official DTSC Community Advisory Group. 

“I don’t see why you need a blue ribbon committee because the community will have representation on the CAG,” Dodson said. 

“I don’t really know if a blue ribbon committee is the right way to go,” said Tarnel Abbott, a city librarian and a member of the Richmond Progressive Alliance. 

The committee can be an important step, said Padgett, “but it might be premature. The DTSC is coming up with standards for what can go there. I want to be sure you appoint a physician.” Padgett also wondered how it would relate to the DTSC’s CAG. 

Anderson said her panel’s primary purpose would be to consider planning issues, “but it should have someone in environment and health.” 

In the ensuing discussion, several councilmembers, including the mayor, called for a panel staffed with Richmond residents. 

“People outside the City of Richmond dictate too much of what goes in our community. It ought to be our determination of what we want. I don’t appreciate people from outside of Richmond coming into our community and telling us what to do,” said Councilmember Bates. 

“Over 60 percent of the people at that hearing were not from the City of Richmond,” said Anderson, referring to the joint legislative hearing held on Campus Bay by Assemblymembers Loni Hancock and Cindy Montana. 

It was that hearing which had forced the water board to hand jurisdiction over most of the site to the DTSC. 

When it came time for Pitto to speak, he read a letter form Dwight Stenseth, managing director of the Denver office of Cherokee Investment Partners, which pools public and private pension money to invest in buildings on so-called brownfields, restored contaminated properties. 

Stenseth, in his letter, encouraged the DTSC’s advisory panel composed of nearby residents and property owners, business people and representatives of local government and civic and environmental groups. 

“It is a public process that has worked well in other communities with high-profile brownfields and one which CSV will support,” wrote Stenseth, according to Pitto. 

“We are actually here to support the CAG,” Pitto said. “We were concerned about the council’s interest in a separate committee. We’re concerned there might be two separate groups doing the same thing.” 

“Let the state do their job and let us stay out of their job,” said Councilmember Maria Viramontes, who noted that “at the moment, there isn’t even a project” because Simeon had pulled their application for a permit to build the housing pending the outcome of the state regulatory process. 

“We do not plan to interfere with the CAG,” said Anderson. “But if there is a project, we need to make a decision and that’s where the committee would become involved.” 

“Once the state gets through we should form the committee,” said Bates. 

The rest of the council agreed. 

?


Feds Want City to House Students By MATTHEW ARTZ

Friday February 04, 2005

Concluding that Berkeley’s public housing authority unfairly favors African Americans, federal regulators have suggested that the agency target other groups including UC Berkeley students. 

The findings—part of an October compliance audit of the city’s federally funded Section 8 Housing Program—confounded city officials, who questioned why the Bush Administration wanted to give housing vouchers to college students. 

“I see the main purpose of the program as helping to prevent homelessness,” said Berkeley Housing Director Steve Barton. “I don’t think it’s intended for graduate students getting financial aid.” Berkeley has given out vouchers to a small number of UC Students, mostly graduate students with families, Barton added. 

On Monday Barton sent a reply letter to the Department of Housing and Urban Development (HUD), contesting its findings. HUD oversees the city’s Section 8 housing program, which manages over 1,700 federally subsidized housing vouchers and operates 61 rental units. 

Charles Hauptman, HUD’s office of housing regional director, said he expected the two sides to meet within the next month and ultimately hammer out an agreement to make sure Berkeley complied with federal civil rights laws.  

As far as offering vouchers to UC students, Hauptman said, the agency was more interested in diversifying the program participants than guaranteeing spaces for college students. “What we’re really looking to is marketing to specific groups that are least likely to apply,” he said. HUD excluded the recommendation about UC students in its Draft Negotiated Agreement sent to Berkeley officials after the October report. 

Last July, HUD audited the housing authority’s operations for the first time in the last six years, Barton said. 

The audit found that African Americans comprised approximately 74 percent of Section 8 tenants, compared with 24 percent for whites and three percent for Asians. 

Yet, among the more than 5,000 people on the Section 8 waiting list in 2001, HUD found that whites comprised 46 percent, African Americans 43 percent, Hispanics eight percent and Asians three percent. 

The numbers conflicted, HUD wrote in its audit, with a 2000 census report showing that 15.7 percent of the city city’s low-income population were African American, 30.5 percent were Asian, 10.1 percent were Hispanic and 41.5 percent were white. 

To boost participation by non-African Americans, HUD recommended that Berkeley reach out to Asians and Latinos and abolish its residency preference for applicants who either live, or work at least 10 hours, in Berkeley. 

Noting that the housing authority hadn’t housed anyone outside of Berkeley in the past year, HUD cautioned that Berkeley’s policy might amount to a residency requirement, illegal under HUD by-laws. 

In his reply letter, Barton contended that that resident preferences added to diversity by bringing more disabled tenants into the program and that there were few differences between the racial composition of residents and non-residents on the waiting list. 

As for the discrepancy between the racial composition of Section 8 tenants and those on the waiting list, Barton postulated that there might be a smaller percentage of whites with vouchers than on the waiting list because whites keep vouchers for fewer years because on average they are less poor or disadvantaged. He added that the African American population of Berkeley has declined significantly since many of the current Section 8 tenants received their vouchers. 

HUD’s mention of bringing more UC students into Section 8 housing intrigued ASUC Housing Director Jesse Arreguin, who said the city should take it as a cue to help provide affordable housing for students even though he thought the Section 8 option sounded impractical. 

“There’s a very long wait for the vouchers,” he said. “By the time students got one they’d probably be close to graduation.” 

 

 

 



Letters to the Editor

Friday February 04, 2005

WRITER FOR HIRE 

Editors, Daily Planet: 

It has been reported that the Bush administration has been paying columnists to push its agenda. First, Armstrong Williams, who worked for Tribune Media was reported in USA Today (a bastion of hard-hitting investigative reporting) to have received $240,000 from the Department of Education to push the No Child Left Behind Act in his columns and through public speaking. Although Williams says he “regrets taking the contract,” he doesn’t regret it so much that he will give the money back. “That would be ludicrous,” he said, “because they bought advertising, and they got it.”  

Then CNN reported that Maggie Gallagher was paid $21,000 to help the Department of Health and Human Services to support the administration’s effort to promote healthy marriages (except, we suppose, between persons of the same sex.) Later, HHS revealed that it also had paid conservative columnist Mike McManus $10,000 to support healthy marriages. 

Of course, as an occasional contributor to the Berkeley Daily Planet I am aghast and outraged at these payments. Mostly I am outraged that the government isn’t paying me. I here and now announce that I am willing to sell out, providing that we can arrive at a fair and equitable price. (Please, though, don’t tell the O’Malleys. They do have these tedious ethics and probably would look poorly on it. I think it has something to do with a pre-Sept. 11 world-view and ties to Old Europe—probably France.)  

I already have been ordained in the Universal Life Church in an effort to attract some of that faith-based money that I thought the administration would soon hand out. Alas, none of it seemed to find me, but this seems far easier. 

Pushing marriage looks to be particularly lucrative, with two of the three disclosed columnists in on that scheme—er, program. I’d be glad to extol the virtues of marriage in these pages for a small fee—say $100,000 plus expenses and a stipend for the speeches I’d surely be asked to give. For the right price I will even downplay my own marriage—which broke up one afternoon while I was watching the Giants play a ball game on TV. My wife accused me of loving baseball more than I loved her. I replied, “But honey, I love you more than ice hockey!” She took it poorly. The next time I saw her was in court. And to think, after such a lengthy marriage: I had given that woman the best weeks of my life. 

Obviously then, my columns on that subject wouldn’t be from life. I’d have to just make things up. Making things up shouldn’t trouble this administration which has so much experience in that area.  

I could push privatization of social security for perhaps $150,000. That would compensate me for the amount I would lose if the program actually passed. I’d do No Child Left Behind for $80,000 and even refrain from mentioning that no child would get ahead either. Does the administration want a column stating that air pollution is good for you? I’m your columnist! Tax rebates for the wealthy? No problem. If the administration would only pay me enough for such columns, I could become one of the wealthy myself and support the program with all my heart. 

And I promise that I would spend the money in a way that would help the economy and create jobs. So it would be win-win. Anyone in the administration who is reading this, just contact me in care of this paper. But be discreet. Maybe use a fake name, or wear a Groucho Marx nose and mustache. And pay in unmarked bills, or untraceable Halliburton common stock. Remember, if the owners of this paper find out, it’s over. 

Paul Glusman 

 

BAY BRIDGE FIASCO 

Editors, Daily Planet: 

I have three points concerning the over-budget controversy for the Oakland Bay Bridge. This is based upon many years as an urban planner and architect who appreciates suspension bridges more than concrete “freeway s on stilts.” 

• The news tells us that Southern California state legislators claim that they should not have to pay for Caltrans “budget overruns” and especially the Bay Bridge suspension-tower span. I believe that Southern California concrete freeways a re far in excess on a tons of concrete/ taxpayer ratio to that spent in Northern California. Besides that Northern California has closed more freeways than down south. Another figure for comparison is the Southern California Caltrans over budget total tha t was paid for by California taxpayers. 

• The Caldecott fourth bore is a controversial project opposed by many in the East Bay and that is in my professional opinion ill-conceived and a direct result of urban sprawl in Contra Costa County and easterly. All of Caltrans, MTC, other local funds, and any federal funds budgeted for that “hole-in-the-ground” should be legislatively transferred to the Bay Bridge account. Let the bridge be built as we have been promised for over 10 years. Caltrans is famous for freeway budget over-runs and sliding funds from one project to another. (Reference: The 1989 “Cypress” freeway, Loma Prieta EQ collapse, was traced to Caltrans’ transfer of seismic retrofit funds to new freeways and interchanges.) 

• I am suspicious that the alleged over-budget amounts for the east span suspension tower are partially coming out of cost over runs from the concrete bridge piers now underway. An audit may show, I suspect, that Caltrans has been infamous for transferring funds from project ac counts to cover up cost-over-budget situations. 

I urge loyal Daily Planet readers, contributors, and advertisers to e-mail and call Assembly Member Hancock, State Sen. Torlakson, and State Sen. Perata.  

Ken Norwood 

• 

SOCIAL SECURITY SCAM 

Editors, Daily P lanet: 

As Bush campaigns to sell us on privatizing Social Security, people should know this is a con. The politicians that conned us about WMDs in Iraq now want us to think that putting our SSI money into private accounts will guarantee more at retiremen t time. 

This is a con because the basic mechanism of the stock and bond markets, where privatized accounts would invest, is “win-lose.” For every person who makes money in the stock market, there are others who lose money. We all know that you make money in the market by buying low and selling high. But for every high-price seller, there has to be someone willing to buy at that price. Each buyer believes that the prices will continue to rise. But prices rise only so long as there are more buyers in the m arket than sellers. Eventually, fewer people believe the market will continue rising than those who want to sell. Then the prices drop, rapidly. This happened in 1989 and in 2001, leaving many people with less than half their savings. 

We’ve heard that Bu sh’s plan is a scam because it would add $ 2 trillion (that’s 2 million million) dollars to our national debt, and it would give stock brokers windfall commissions. But the fundamental con is that it would pump money into the market for immediate gain whi le leaving long-term, privatized SSI accounts busted when retirement time comes. 

Bruce Joffe 

Piedmont 

 

• 

MEASURE R RECOUNT 

Editors, Daily Planet: 

Debby Goldberg’s article about Measure R’s defeat and about the “recount” was disturbing. 

I worked as a cle rk in the Nov. 2 election. We were fairly close to the campus. Student after student came in to vote. Many of the students were not on our list of registered voters. All of the students not on our list said that they had registered to vote on campus. Of c ourse we gave them provisional ballots. 

The idea that provisional ballots were not kept in a secure place, were not carefully checked against an accurate list of registered voters, was news to me, depressing news.  

I believe that the national election w as changed by fraud. Until I read Debby Goldberg’s article, I believed that Berkeley election workers were honest and careful. Also I believed that every provisional ballot was checked efficiently against a 100 percent correct list of registered voters. N ow that I have read your article, I am very glad that there was a lawsuit and that the election outcome will be decided by the California Superior Court. 

Julia Craig 

• 

BROWER CENTER 

Editors, Daily Planet: 

Many thanks for the piece on the David Brower Cen ter. It is wonderful that the Design Review Board was so enthusiastic. Let’s hope the rest of the approval process proceeds quickly and without hindrance. 

The center will be a building to be proud of. Dave was one of Berkeley’s major contributions to the world, and his vision and brilliance are needed now more than ever. A state-of-the-art green building at the edge of the campus is the perfect monument to this extraordinary man and a wonderful vehicle to ensure that what he taught us over his long life is never forgotten but repeated and amplified until the world comes to its senses and stops destroying the life support systems we all depend on. 

Thanks again for the article. When do they expect to break ground? 

Tom Turner 

 

• 

MORE ON BROWER CENTER 

Editors, Daily Planet: 

It was with great interest that I read the account of the meeting where the initial structural plans for the David Brower Center/Oxford Plaza were unveiled (“Design Committee Praises Plan for Brower Center,” Daily Planet, Jan. 25-27). 

I was heartened that committee members saw the merits behind this proposed project, bound to be a positive community resource center in a city known for its environmental and social leadership. It will offer progressive nonprofit organizations a well-designed green space to share ideas and collaborate as they work toward similar goals—a point not to be taken for granted. 

And with its attention to resource efficiency, it will also act as a model for future development both in the Bay Area and beyond. 

I look forward to the day when the David Brower Center/Oxford Plaza is open for business. 

Sara Marcellino 

 

• 

TOM LAWRENCE 

Editors, Daily Planet: 

Tom Lawrence passed away last month, and many people may have noticed his obituary in the San Francisco Chroni cle. Tom was a great man, and educated man, a charming man and a generous man. If you needed to know anything about thrips, or what they could do to your garden, Tom was your man. Regularly strolling with his gangly gait down Shattuck, I loved running int o him and chatting. I’m certain he touched many, and I feel fortunate to have known him. He made the world a better place, an example to us all. God Speed, Tom. 

Tim Cannon 

 

• 

DENNEY’S CRITICISMS 

Editors, Daily Planet: 

With reference to the article by Carol Denney, “Celebrating Poetry in the ‘Arts District’” (Daily Planet, Jan. 21-24), and Pepper Spray Times, Feb. 1-3, Ms. Denney has inaccurately stated that I apologized for the removal of her flyers taped to the sidewalk adjacent to the Poetry Panels in the Arts District. Ms. Denney’s flyers went far beyond “a gentle criticism,” but were instead offensive and dishonest to the writers and poets who are celebrated in these panels. After discussing the events of the day with Sherry Smith later, I fully supported what she and others did as an appropriate response to the “tagging.” I certainly did not apologize for Sherry or for anyone else. Those who removed the flyers did so properly and in respect for the artists and for the hundreds of poetry readers who came to enjoy the spoken word.  

In a printed handout she offered to the people waiting in line to attend the poetry reading, Ms. Denney continued in her misguided attempt to connect the tragic death of a disabled local activist in a traffic related incid ent on Ashby Avenue last year, to the construction of sidewalk improvements in the Arts District. This distortion lacks any reason or any truth, but somehow serves as “irony” in her view.  

While the Pepper Spray Times feature is intended to amuse and mil dly outrage your readers with little regard to the truth, her commentary article should at least be held to a higher level of honesty and some measure of objectivity. Ms. Denney, a well-educated person from a privileged family background, is a very talent ed and persistent critic of national and local political affairs, although in this matter she lacks the ability to distinguish criticism and irony from outright offensiveness and distortion of the facts.  

David Snippen 

Chair of the Berkeley Civic Arts Commission 

 

• 

TRAFFIC CALMING 

Editors, Daily Planet: 

Dear Becky O’Malley: Gosh, you must be the most sensitive and unadaptable person in the world. Thirty years on Ashby, and the traffic noise still bothers you (“Traffic Calming Needed,” Daily Planet, Feb. 1-3). When I moved to an apartment on Telegraph Avenue, it took me all of a week to no longer hear the traffic, including the bus that stops on the corner. Ashby Avenue is a major thoroughfare—State Highway 13, I believe. Because it’s a narrow road, with a number of stoplights, it has always had backed up traffic. If traffic on Ashby were any “calmer” it would be permanent gridlock. Despite your protestations of affordability, you knew you were buying a house on a busy street, and I’m sure that even back in the ‘70s an address “east of College” was a whole lot finer and more expensive than one, say, west of Shattuck or even west of Sacramento, so you had other choices. 

Unless you want to shut off all freeway exits to Berkeley, make people give up their c ars within city limits, and institute a dictatorship to accomplish this, people will always need a way to get in, out and through Berkeley. There are too many people in the Bay Area, and there is no humane way to change that. You mention that it takes you a long time to get to your house by car on Ashby—so, you’re part of the problem. What, you say, you sometimes need to get out of town, maybe to a mall to buy things you can’t get in business-unfriendly Berkeley, or you have packages to carry, or you get tired walking, or the bus doesn’t come often enough? Guess what—that’s true for everyone else too. Making it even harder to drive in Berkeley for the benefit of individual neighborhoods and streets will make matters worse, and increase the incredible rude ness and road rage exhibited by our fellow citizens. There are no easy solutions as long as we live in a world with cars. 

As far as university-bashing goes: Without the University, Berkeley would be just a bump on the map, more akin to El Cerrito (this is not a criticism of El Cerrito—I’d live there in a minute if I could afford to rent one of those cute little houses in a friendly town with light traffic and an actual shopping center!) than to the intellectual and culinary center that it is today. Yes, much of the morning and evening traffic on main streets is university employees. If you want to help alleviate that, why not help lobby the university for a universal low-cost or free transit pass for employees? That might help a bit, but it won’t get rid of the problem of inadequate public transit and too many people—when parking spaces at BART stations are full by 6:30 a.m., people are less inclined to take the train. Oh, and about the West Berkeley Berkeley Bowl—there are no grocery stores in West Berk eley, let alone affordable ones. Give those folks buying tired lettuce at the liquor stores a break!  

Now, as far as your own situation, Ms. O’Malley: I’ve got the place for you—Weaverville, Calif., an old goldmining town in the Trinity Alps. A very smal l town—a village, really—which is beautiful, friendly, economically depressed. With the proceeds from selling your Berkeley home, you could buy up a nice-size chunk of town. Weaverville has an active historical society, and a local weekly, the Trinity Jou rnal, which actually provides balanced coverage of local events, and lobbies for things which need to be lobbied for, such as a parcel tax to keep the hospital from closing. You could move up there and start Big Trouble. Just make sure you don’t buy a house on Main Street (State Highway 299). The logging trucks will keep you awake at night, and the locals won’t take kindly to you petitioning for “traffic calming.” 

Aija Kanbergs 

Oakland 

 

• 

SMOKE-FILLED CARD ROOM 

Editors, Daily Planet: 

Your recent article (“Urban Gambling: Godsend or Curse?” Daily Planet, Jan. 28-31) cited many concerns about the proposed expansion of Casino San Pablo, but didn’t mention the casino’s smoke-choked air. In 1995, Casino San Pablo was opened as a smoke-free establishment; six years later the venue was transferred to the Lytton Band of Pomo Indians. Under the tribe’s ownership, the casino’s smoke-free policy was rescinded, endangering the health and lives of its employees and patrons.  

The tribe plans to install ventilation s ystems rather than provide smoke-free air. Sadly, ventilation systems do not protect people from the health hazards caused by tobacco smoke. These systems merely address odor. The only solution is a smoke-free environment. As such, we strongly recommend t hat any compact approved include a provision requiring smoke-free air.  

If the Casino San Pablo is allowed to expand as proposed it would become California’s largest smoke-filled workplace. Employee and public safety should not be negotiable. Casino work ers should have the right to breathe smoke-free air just like employees in any other California workplace.  

Secondhand smoke is a leading cause of disease and premature death and has been classified by the EPA as a Class A carcinogen a toxin known to cau se cancer in humans and which has no safe level of exposure. 

Cynthia Hallett 

Executive Director 

Americans for Nonsmokers’ Rights 

 


Mayor Brown Takes Wrong Turn with Parolee Curfew By J. DOUGLAS ALLEN-TAYLOR Column

UNDERCURRENTS OF THE EAST BAY AND BEYOND
Friday February 04, 2005

In recent years, with the active cooperation of its local elected officials, Oakland has become something of a constitutional rights experimental ground for California. The idea has been to implement laws of dubious constitutionality—applicable to Oakland and only Oakland—to see if they work, how they work, and, perhaps, if they can be gotten away with. And so, among other things, Oaklanders have endured (thanks to Mayor Jerry Brown) the suspension of certain state environmental protections under the California Environmental Quality Act (CEQA) that are available to every other California city. In addition, we’ve had Senator Don Perata’s Sideshow Red Queen Justice Car Seizure Act (called the U’Kendra Johnson law) in which the city is allowed to confiscate cars for 30 days solely on the word of a police officer—without a prior hearing—that someone had been spinning donuts in the car. One would think that like the villagers in the Frankenstein movies, Oaklanders would get fed up, storm the castle, and drive these legal monsters out. Why that hasn’t happened (yet) is a story for another day. 

In any event, this sawing at the foundation poles of the Constitution may soon become a problem for Californians as a whole, as Mayor Brown is now promising to take the latest version of this show on the road. 

A recent Heather MacDonald Oakland Tribune article on the mayor’s planned run for California Attorney General in 2006 ends on an interesting note. “If elected,” the last paragraph reads in part, “Brown said he … may work to expand Oakland’s curfews for those on parole or probation throughout the state.” Mr. Brown is advancing that thought already, even though the Tribune, in the same article, says Oakland Deputy Police Chief Pete Dunbar believes it “could be” six months to a year before the results of Oakland’s curfew are even known. 

Oh, what a hurry we are in when election time rolls around and these days, it seems, election time is always rolling around. 

For Californians—and even some Oaklanders—who may not know what the curfew is all about, a short summary is in order. 

In a deal apparently worked out last year between Mayor Brown, the Oakland Police Department, and the Alameda County Probation Department—but not the Oakland City Council—people paroled in Oakland must agree, as a condition of their parole, to be confined to their homes between the hours of 10 p.m. and 6 a.m. until their years of parole are over. Mayor Brown tells the Tribune that he came up with the plan because, according to the mayor, 80 percent of homicides in the city involve felons who are on probation and parole, and 70 percent of homicides occur at night. And according to the Tribune, an Oakland Police Department representative “believes the curfew could help curb ‘sideshows’ … and violence and burglaries.” (It was the Tribune which put the quotation marks around the term sideshows, which they defined in this article as “displays of reckless driving on city streets.”) Anyways, the provisions only apply to Oakland probationers. The State Parole Board has not made a decision on using the Oakland curfew as a condition for parolees. 

It is difficult to see where Mr. Brown gets his information that 80 percent of Oakland homicides involve felons who are on probation and parole, since, we are told, most Oakland homicides go unsolved. But while we’re waiting for him to explain, we’ll move on. 

One of the principles of American justice—before it got trampled in the cages of Guantanamo, at least—is that individuals are presumed innocent until proven guilty, and that punishment ought to extend only to people actually convicted of a particular crime, not to people who might belong to a certain class. 

Keeping that in mind, let us do some quick math. Last year, there were 88 homicides in Oakland. Using that 80 percent parolee/probationer figure given by Mr. Brown (even though we’ve yet to hear where he gets it from), that would mean that 70 of these murders were committed by parolees or probationers. Even if each of these 70 murders were committed by a different individual, that leaves a pretty significant number of parolees or probationers who didn’t kill anybody in Oakland last year, but who are still subject to Mr. Brown’s new curfew law. According to state statistics, there were some 2,500 parolees living in Oakland as of last summer; that doesn’t even take into account the number of people in the city out on probation. 

But let’s follow this road a little further. If Mr. Brown and the Oakland Police Department believe every one of these 2,500 parolees is a likely candidate to commit a murder or a violent assault—and I don’t share that belief—why in God’s name would we want to lock these parolees up in their homes? 

Confining these 2,500 Oakland parolees in their homes all night isn’t going to curb any violent tendencies they may have, for those of them who do have violent tendencies. It isn’t going to lessen the tensions and social and economic pressures they might feel that lead to such violence, or limit access to the liquid or smokable stimulants that fuel the fire. And if the pressure builds inside those 2,500 parolees’ houses, and they cannot get outside to movies or nightclubs or just driving around to blow off steam, and these parolees boil over and explode, where does one think that explosion is going to be directed? 

Another quick statistic, since we’re reciting them. In the year 2000 there were a little over 2,300 domestic violence-related calls for assistance reported by the Oakland Police Department, almost 300 of them involving the use of weapons of some kind. The report did not specify whether the victims of the violence were wives or children. 

Mr. Brown, in his typically breezy way of making light of serious social problems that might result from his proposals, tells the Tribune that he believes “it’s very (beneficial) for these probationers and parolees to spend time in their homes.” Yes, but not under house arrest. It’s bad to be in the predicting business, but I’ll take a chance and predict that the longer Mr. Brown’s parolee curfew goes on, the more those domestic violence numbers are likely to rise, even if all of the parolees are not as violent as Mr. Brown appears to believe. How many Oakland women are going to be beaten or killed because their husband couldn’t get out of the house during an argument just to stand on the corner for 15 minutes and smoke a cigarette? 

Having lived for many years with a man who actually did have such violent tendencies that got played out in the home (see “No Charges In Mayoral Aide’s Dispute; Police Chief Responded To Call Of Fight Between Brown Confidant Barzaghi, Wife” by Heather MacDonald and Harry Harris, Oakland Tribune, July 17, 2004), Mr. Brown ought to know a little about this subject. 

This is one that needed a little more thought. 

 




Police Blotter By RICHARD BRENNEMAN

Friday February 04, 2005

Flashlight Robbery 

Three robbers, led by a flashlight-wielding woman with red braids, robbed an 18-year-old resident in the 3000 block of San Pablo Avenue Monday afternoon, reports Berkeley Police spokesperson Officer Joe Okies. 

Police learned of the robbery from a health care worker at Alta Bates Medical Center, where the victim had come for emergency treatment of the head wound she sustained in the robbery. 

The woman had already departed by the time officers arrived, but officers tracked her down and learned the details of the assault. 

 

Loose Butt Bust 

Berkeley officers cited a merchant in the 2200 block of San Pablo Avenue Tuesday afternoon for violating Section 308.2 Subsection A of the California Penal Code, to wit: “Every person who sells one or more cigarettes, other than in a sealed and properly labeled package, is guilty of an infraction.” 

To the dismay of financially challenged smokers and those struggling to quit, the evil weed can’t be sold outside a pack. 

Officer Okies said the citation was issued after it was discovered during an ongoing sting operation that targets sales of the otherwise legal weed and booze to minors. 

 

Fortunate Trespass Call 

Berkeley officers responding to a report of a trespasser in a building in the 2400 block of Dwight Way heard a voice in distress. 

Further exploration thwarted a 30-year-old man they discovered in the process of attacking a 19-year-old woman. 

The suspect, Michael James Ellis, was arrested on charges of assault with the intent to commit a sex crime and false imprisonment. 

The woman didn’t require medical treatment. 

“The officers were able to stop things before something even worse could happen,” said Officer Okies. 

 

Armed Robber Sought 

Police are seeking the 40-year-old-or-so gunman who robbed a 21-year-old woman near the corner of Warring Street and Dwight Way shortly after midnight Wednesday.e


Why Not Create A Berkeley Night Life District? By ELLIOT COHEN Commentary

Friday February 04, 2005

The recent defeat of every tax measure proposed by the City Council in the same election that Berkeley voters overwhelmingly approved tax increases to finance the school district and several state initiatives is evidence that a sufficient number of Berkeley voters are fed up with the way the City Council operates. Especially frustrating is the disregard for law and policy that the council shows by selling out our interest virtually every time developers present a plan. The Seagate project is a recent manifestation of this. Remember how opponents of the Height Initiative sought to demonize the Height Initiative’s supporters by calling them NIMBY’S who opposed affordable housing? Seagate is just the type of project the Height Initiative would have stopped, and anyone with perception can tell Seagate is primarily a luxury development. Despite that fact the City Council agreed to waive applicable city regulations, far beyond what state law required, in return for the few affordable units. It is a sad commentary that Kriss Worthington is the only member of the City Council who seemed to understand that disregard of the law by pro-development staff and the City Council was a major factor underlying much of the voter anger that defeated every single tax measure proposed by the City Council. 

All of which leads me to a discussion of the proposed development of the site where Brennan’s now stands. At issue is the landmarking of Brennan’s and a related proposal to develop the site for mixed/residential use. Although the immediate issue being considered at the Landmark Preservation Commission meeting this Feb. 7 is the landmarking of Brennan’s, ultimately the project will find its way to City Council, where if past experience is any indication, the developer will throw in a couple of “affordable” units to give the council political cover to approve another gift to developers that is detrimental to the long term interest of our city. 

It takes little reflection to recognize that the absence of residential units in the area makes it a potential goldmine for Berkeley. By issuing 24-hour operations permits and encouraging the development of bars and clubs in the area the city could create a Night Life Entertainment District. If even a small percentage of the thousands of East Bay residents who regularly travel over the bridge to San Francisco occasionally choose night life entertainment in Berkeley it would bring tens of millions of dollars annually to our city. This tax revenue could reduce the burden parcel tax increases place on homeowners, and would give Berkeley a night life entertainment venue that we sorely need. A Night Life Entertainment District will add vibrancy to our city, help grow and support locally owned businesses, and create long term economic viability, instead of the quick fix solutions our City Council usually looks to. 

The area already includes local landmarks such as the Amtrak station, Spengers, and the Shell Mound. Regardless of what City Council decides on the future development of the site I urge the commission to landmark Brennan’s. Doing so will make the area a showcase for Berkeley history and architecture and put an obstacle in the path of the greedy developers and pro-development city staffers, who think nothing of obliterating the history of our city. 

 

Elliot Cohen is a member of the Berkeley Peace and Justice Commission. 

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Changes at California Monthly Threaten Magazine’s Independence By GRAY BRECHIN Commentary

Friday February 04, 2005

Russell Schoch—longtime editor of the California Alumni Association’s magazine, the California Monthly—wrote in the December issue an “Editor’s Farewell” announcing his premature retirement. Had I read it more carefully at that time, I would have known that the essay was that of a man writing with a gun to his head. After 30 years of service to the award-winning magazine, Shoch was abruptly fired without warning by the CAA’s new Executive Director Randy Parent on Nov. 22. Parent terminated him without so much as a gold watch, let alone a farewell reception which would have given those of us who had worked for Schoch—and the many who admired the courage often needed to perform that service—the opportunity to express gratitude for all that he had done for the association and for the university. The Cal Monthly Editorial Advisory Committee was not informed that Parent intended to take this action in order to move the magazine in a radically different direction without consultation. In his belated Dec. 16 announcement to the CAA Board that Russell would be “leaving,” Mr. Parent said that they hadn’t always agreed, but that he was certain that Schoch “is a man of principle, integrity, and honor.”  

That has always been my impression and that of others such as Professor Emeritus David Littlejohn, chair of the ignored Editorial Advisory Committee, who subsequently wrote in protest that “the California Alumni Association and its flagship magazine have been since their founding—while 100 percent dedicated to Cal—totally independent of the Berkeley administration which has made them both almost unique among alumni associations and magazines at major American universities.” At considerable risk to his job, Schoch honored the University’s motto “Fiat Lux” by publishing provocative interviews with some of UC’s leading thinkers, thus earning the respect of editors around the country who knew of the pressures exerted upon him by powerful reactionary forces both within and outside the university. The stealth assassination of Schoch reminds me of shameful corporate tactics in which veteran employees are, without warning, given an hour to clean out their desks and vacate the premises. If, as Mr. Parent says, Schoch is a man of principle, integrity, and honor, what does such treatment by Parent ‘s “management team” say about themselves? Do they understand honor except as a good marketing noun? Furthermore, what does it portend for the “new direction” in which they intend to take the magazine if such are the nocturnal tactics needed to achieve their goals?  

Schoch’s firing should be a subject of concern to those who value the shrinking realm of independent media even as consolidation and full-tilt commercialization proceed apace, as documented by the Graduate Journalism School’s Dean Emeritus Ben Bagdikian in his landmark study The Media Monopoly. The corporate-speak of the memo which Mr. Parent and Operations Director Mark Appel sent to CAA Board Members on Jan. 4, 2005 to announce the “great excitement and anticipation” they felt in filling Schoch’s shoes with his former subordinate, Kerry Tremain, gives additional cause for concern: “The appointment is made after months of careful thought and consideration on how best to undertake an enormous challenge — production of the most impactful and important alumni magazine in the country.” Those months of thought were apparently given by no one but themselves, and certainly without consultation with the man who stood in their way, let alone with their own advisory board.  

In response to letters of protest sent to the Monthly by Professor Emerita Susan Ervin-Tripp and others questioning the future independence of the magazine, Kerry Tremain responded: “As for the magazine’s future, I assure you it’s not bloody likely that it will become bland. I heartily welcome your criticism if you perceive that it becomes so. This is an understandable, but unfortunate and untrue rumor. Myself and the new senior editor are investigative reporters that have worked at national news outlets, have exposed corruption at high levels, and have not a bone in our bodies inclined toward the bland.”  

For anyone who knows magazine publishing, Tremain’s protestations ring naive at best, especially after reading a “Blue Sky” prospectus—unsigned, but apparently written in the “months of thought” that preceded Schoch’s sacking—for a new California magazine that will replace the California Monthly. It will do so using the alumni association subscription base as a foundation on which to build a putatively brainy upscale general circulation magazine. Deep within the mangled syntax of that prospectus, under the heading “Leveraging Our Resources,” lies the following declarative: “A quick look at consumer magazine staff lists reveals that we are, at least in the near future, woefully understaffed to advance the editorial and business strategy outlined above. Therefore, we must maximally leverage skills and partners. Topnotch reporters and editors know that over half the job is motivating sources, writers, PR people and others to work on your behalf. Editors should be ambassadors, using strategic diplomacy to advance the publication’s goals.”  

Let me translate and forecast what such IPO gibberish portends for the revamped and renamed California Monthly, and for the Alumni Association.  

In the 1980s, I left freelancing for San Francisco Magazine and the California Monthly to write a monthly urban design column called “Cityscapes” for San Francisco Focus, and so witnessed the remarkable transformation of KQED’s program guide from the inside. Publisher Earl Adkins and editor Mark Powelson, who had previously worked at the scruffy Berkeley Barb, had a similar dream to create a West Coast version of the Atlantic Monthly by using the upscale demographics of KQED’s membership list. In short, they used KQED’s non-profit cover to produce an ever-more commercial city magazine. Membership lists do not pay the bills, so however good their initial intentions to produce quality fare, they (and I) soon learned the limitations imposed on content by a magazine dependent on advertising and subject to the increasingly conservative board of KQED. During my tenure there, Focus morphed into a slick journal of high consumption whose writers were employed to deliver well-heeled consumers to advertisers. When my articles veered from harmless aesthetics to the more substantive mechanics of land speculation and consumer critique, they began to be killed. When Adkins left the magazine, the advertising sales director moved across the hall into his office. The change was only a formality because, as Focus’s media kit made clear to those privileged to see it, advertising largely drove the magazine’s content.  

Increasingly constrained by what I was permitted to say, I left Focus. I have heard that its editors’ overreaching plans to create a publishing empire—combined with the costly headquarters building which CEO Tony Tiano constructed for the station—nearly took KQED down.  

Tremain may be sincere in his stated intention to publish a quality independent magazine, but as editor and author Lewis Lapham explained at a Journalism School event, the editorial independence of magazines such as the New Yorker, Atlantic Monthly, Mother Jones, or his own Harper’s can only be guaranteed by committed long-term patrons with deep pockets such as John MacArthur, Adam Hochschild, and Sy Newhouse.  

The reprehensible treatment of Russell Schoch suggests that the new direction in which a few people intend to take the Cal Monthly may be more than merely unethical—it could be illegal. I question Mr. Parent’s apparent intention to run a commercial enterprise out of and under the non-profit cover of an alumni association at a public university. At the very least, there should be a public forum held on the campus—possibly sponsored by the Graduate School of Journalism—at which Parent, Appel, and Tremain can explain to the immediate community and to duly notified alumni what they have done and what they intend to do, but above all, how they plan to finance that venture while maintaining an independent editorial voice.  

 

Berkeley resident Gray Brechin is the author of Imperial San Francisco. 

 

 

 

 

 

 

 

 

 

 

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The Wrong Advice By ZELDA BRONSTEIN Commentary

Friday February 04, 2005

In a letter published in the Jan. 28-31 Daily Planet, a reader states that he “would be much more inclined to give some thought to the meetings between the mayor and Seagate developers if Zelda Bronstein’s name wasn’t associated with the story.” He asks: “Has anyone else noticed that Ms. Bronstein’s name appears regularly in news reports concerning opposition to development projects or requests for commercial expansion?” Having read in the Daily Cal that I oppose the West Berkeley Bowl, and knowing that I was against the expansion of Jeremy’s clothing store on College Avenue, he writes: “The Seagate project has gone through all the required levels of our city government checks and balances. Perhaps Ms. Bronstein could try and see that not all development is bad for our city....give it a rest!”  

The writer’s faith in Berkeley’s land use approval process is touching. I wish I could share it. But I can’t, for reasons that I hope the following discussion makes clear. First, however, I want to set the record straight: I support a new Berkeley Bowl of 27,000 square feet, which is what most of the local community wants, and what the store’s owner first proposed.  

As for the other items on the list: My problem with Mayor Bates’ clandestine meeting with the Seagate developers is of a piece with my opposition to both the Seagate project itself and Jeremy’s expansion. In each case, what I object to is not development but questionable official behavior.  

Start with the mayor’s meeting. Until last July, city law made it illegal for the mayor and councilmembers to discuss in any way a development that was under consideration by the Zoning Adjustments Board or, if a project was being appealed, by the City Council itself. More than once, I found myself cut off mid-sentence by a scrupulous councilmember for having merely mentioned a project that was in the pipeline.  

City Attorney Manuela Albuquerque’s assertion to a reporter that the specifics of the Seagate project were never discussed in Mayor Bates’ hour-and-a-half conference with Darrel de Tienne, Dennis Fisco and Mark Polite in April 2004—a claim echoed by the mayor himself—is simply not credible. Her ex post facto interpretation of the law contradicts her own pre-July 2004 instructions to the council on ex parte contacts.  

According to the Berkeley Municipal Code, one of the city attorney’s duties is to “give legal advice in writing” to the mayor and other city officials “when requested to do so by them, upon questions of law” [emphasis added]. Did Mayor Bates ask City Attorney Albuquerque for such advice before meeting with the Seagate developers? Did she offer it? If so, she should publish her opinion for all to see. What are the penalties for violating the rule against ex parte contacts? Is Albuquerque going to impose those penalties on Mayor Bates? If not, why not?  

The illegalities in the Seagate project itself are too numerous and complex even to summarize here. For a full discussion, see the text of Friends of Downtown Berkeley’s appeal, which is posted on the City Council’s Jan. 18 agenda at the start of Item 7d (www.ci.berkeley.ca.us). (Full disclosure: I filed that appeal in behalf of FDB.) Once again, the issue is not development but rather city officials’ unconscientious behavior.  

To cite one particularly blatant example of such improbity: Addressing what he called “a question of fact” that had arisen during the council’s Jan. 11 discussion of the Seagate project, Land Use Planning Manager Mark Rhoades stated: “The Downtown Plan’s provisions for the cultural bonus are embedded in the Zoning Ordinance. They’re in Section 23E.68.070,” he said. “There’s a table that talks about base height and bonus height for the cultural bonus.” The truth of this claim was critical, since the staff reasoning that legitimated the Seagate’s code-busting, nine-story height was based on awarding the project a huge amount of bonus space (ultimately, over 52,000 square feet) in exchange for providing a relatively paltry amount of arts space (12,067 square feet).  

In fact, the phrase “cultural bonus” is nowhere to be found in Section 23.E.68.070. That’s because the cultural bonus has never been enacted into city law; it’s just a policy in the city’s General and Downtown plans. The city attorney let Rhoades’ fabrication go unchallenged.  

The City Council, for its part, dismissed the appeal by a vote of 8-0-1 (Worthington abstained) and asked the Planning Commission to consider, among other things, ways of strengthening the comparable units section of the city’s affordable housing law, whose protections against a development’s “ghettoization” of low-income tenants were all openly violated by the Seagate’s use permit. The council’s request would be laughable if it wasn’t so dismaying. For what needs to be strengthened is not the law but Berkeley officials’ willingness to enforce it.  

Official failure to enforce the law was also instrumental in Jeremy’s expansion. Staff readily admitted that a city planner had erroneously issued a permit for Jeremy’s 2161 College Ave. location. When the Zoning Adjustments Board approved a use permit for Jeremy’s to expand into the space next door, another Elmwood merchant appealed the decision. His appeal was supported by two neighborhood associations. At the council’s Dec. 14, 2004 meeting, Councilmember Wozniak observed that a mistake had been made with respect to the original permit. He then made the winning motion to dismiss the appeal and have the Planning Commission review the law!  

I invite my critic to read the law, to study the staff reports and the notices of decision and the city attorney’s memorandums, and to watch the video archives of ZAB and Council meetings. If there are letters and appeals, read them, too. Then tell me if you still think that I and my colleagues—for, as should also be clear by now, my concerns and my efforts are shared with many others in town—should give it a rest.  

 

Zelda Bronstein is a former chair of the Berkeley Planning Commission.  

 

 

 


Berkeley’s Hidden Lodges Revealed in Lecture Series By STEVEN FINACOM

Special to the Planet
Friday February 04, 2005

Organizations and individuals dedicated to fellowship, the appreciation of nature, and other high ideals flourished in Berkeley in the late-19th and early-20th centuries, when locals provided much of the energy behind causes such as the Sierra Club. 

On and off the UC campus, social clubs, organizations, and individuals were also busy building unique clubhouses, lodges, resorts, and other places to gather and socialize. 

Many of the remarkable community buildings Berkeleyans created then still survive, o ften in their original ownership and use. Those buildings will be the focus of an evening lecture series “Hidden Lodges of Berkeley and Beyond…,” organized by the Berkeley Architectural Heritage Association (BAHA), starting on Feb. 10.  

Often built in w o od and stone to embody the era’s rustic “building with nature” philosophy, these buildings arose not only in Berkeley but also in places Berkeleyans liked to visit and vacation, including Lake Tahoe and Yosemite Valley. 

Each structure represents not on ly an architectural legacy but also the living cultural history of Berkeley institutions, organizations, and people.  

The five illustrated talks, held every second Thursday evening of the month, February through June, from 7:30 to 9 p.m., will not only i ntroduce the history, architecture, and heritage of several buildings but also allow a look inside a special few that are not typically or fully open to the public. 

Featured building include: Senior Hall, a rustic “log cabin” built nearly a century ago o n the UC Berkeley campus; the adjacent Faculty Club designed by Bernard Maybeck and expanded by other noted architects; Yosemite’s Le Conte Memorial Lodge, a granite walled Sierra Club education center; and Glen Alpine Springs, a little known Lake Tahoe a re a resort with several buildings planned and designed by Maybeck. 

The series kicks off Feb. 10, with a lecture by Jim Thompson, who has worked to document and preserve Glen Alpine Springs. He will orate dressed in 19th century costume backed up by a Po wer Point presentation with numerous historic photographs. 

Glen Alpine Springs—which sits above Fallen Leaf Lake, near South Lake Tahoe—drew attention as early as the 1870s when a newspaper called it “the best tasting springs in the entire state.”  

Late r that decade an “all purpose resort” was developed there for Californians drawn to the healthful water, mountain air, and magnificent alpine scenery at the edge of what is today’s Desolation Wilderness. 

Visitors, including early Berkeley residents, floc ked to Glen Alpine for summer visits, traveling by train to Truckee, steamboating across Lake Tahoe, and taking horse drawn stages or wagons to the upland resort. 

John Muir called Glen Alpine Springs “one of the most delightful places in all the famous Tahoe region.”  

In the early 20th century the Maybeck family vacationed at Glen Alpine and, following a fire that destroyed many of the original buildings, Bernard Maybeck took on a commission not only to design new structures but master plan the resort. 

He carefully plotted trees and topography and inserted fire-resistant stone, metal, and glass buildings, many of them remarkably modern in form, into the boulder strewn landscape. The resort no longer functions as an overnight destination, but the curren t owner, and supporters like Thompson, are working to preserve it. 

The setting for Thompson’s talk is also an attraction of the lecture series. Senior Hall was completed in 1906 as a UC campus meeting hall for the elite men of the Senior Class at Cal (la ter it was opened to other classes and, much later, to women students). 

The Order of the Golden Bear, a student, faculty, staff and alumni service organization founded in 1900, built Senior Hall and gave it to the University. The order is still active, r emai ns the custodian organization for the building, and is co-sponsoring the lecture series.  

Awaiting a full renovation, Senior Hall is not in frequent use. Most people on campus and most Berkeley residents have never seen the interior, which is one of earl y Berkeley’s rustic marvels.  

Built almost entirely of redwood (including walls of logs with the bark still on them), with a massive clinker brick double fireplace and exposed roof trusses, the hall was designed by University Supervising Architect John G alen Howard, better known for his neo-classical structures including Sather Gate, the Campanile, and Doe Library. 

The history of Senior Hall’s design and use will be outlined in the second lecture in the series, presented on March 10, by retired Campus P lanner Harvey Helfand. 

Helfand, a noted photographer and author of the definitive architectural guidebook to the Berkeley campus, will also speak about the nearby Senior Women’s Hall designed by Julia Morgan and now a campus childcare facility. 

The Marc h lecture is also likely to include a rare opportunity to see the Hall’s “secret” room designed for discussion of the Order of the Golden Bear. 

The third series lecture, on April 14, will explore the story of the early residents of Berkeley’s Pa noramic H ill, the steep heights above Memorial Stadium where many early professors and conservationists, including Sierra Club founders, built homes. 

Panoramic Hill will also be the site of BAHA’s annual May 1 Spring House Tour. 

Attention turns from th e green hi lls of Berkeley to the loftier heights of the Sierra on May 12 when Bonnie Johanna Gisel, author, historian, naturalist, and curator of the Le Conte Memorial Lodge in Yosemite, visits Berkeley to speak about the history of that historic edifice in the fou rth lecture in the series. 

Le Conte Lodge, designed by Maybeck’s brother-in-law, John White, just over a century ago, was built by the Sierra Club to honor UC Professor Joseph Le Conte, and has been a Yosemite gathering place and education ce nter ever si nce.  

The architecture and the history of the Faculty Club, adjacent to Senior Hall, will be the featured attraction at the end of the lecture series, June 9.  

On that occasion, the club, which is co-sponsoring the lecture series, will host a special dinner in Maybeck’s marvelous Great Hall for lecture attendees and club members. 

Attendees at some of the earlier lectures may also purchase dinner at the Faculty Club before the other lectures, space permitting (see the BAHA website for more details).  

 

Local historian Steven Finacom is one of the organizers of the “Hidden Lodges” lecture series. 

 

Senior Hall lies in the southeast portion of the university campus; the closest street parking is along Bancroft Way near College Avenue. The cl osest campus parking lots, about five minutes walk from Senior Hall, are along Gayley Road below Memorial Stadium or under tennis courts across Bancroft Way from the Berkeley Art Museum.  

To find Senior Hall, head for the Faculty Club, which is located o n the south b ank of Strawberry Creek, near the Music Department buildings and Hertz Hall. Senior Hall is immediately behind—to the east and upstream—of the club, and downhill from the large Haas School of Business complex. Senior Hall and the Faculty Clu b are wheelcha ir accessible. 

Tickets: $10 ($6 for full-time students). A discounted “season ticket” for the five lecture series costs $40 ($25 for full-time students). For details call BAHA at 841-2242 or see www.berkeleyheritage.com.›


TheatreFIRST Unveils the Colors of Fronteras Americanas By KEN BULLOCK

Special to the Planet
Friday February 04, 2005

Over the stage of a tiled plaza, backed by a screen framed by flags of the Western Hemisphere—not so much draped as running together, a Rorschach test— are projected words of Simon Bolivar, the Liberator, of how we’re the children of one America, out of different origins and different colored skins: “This dissimilarity is of the greatest significance.” 

These words were spoken almost 200 years ago, and their continued veracity is tested on this set (Christina LaSala’s design). 

The dual nature of the U.S. premiere of Fronteras Americanas, staged by TheatreFIRST at Mills College, soon becomes plain: playing the author of the piece (Argentinian-Canadian playwright Guillermo Verdicchia, who first achieved notice a decade ago playing himself in this play) is Bay Area actor and comedian Ben Ortega, of Peruvian origin. Identifying the Latinos in the audience, Verdicchia/Ortega separates them from “the gringos.” The piece has been written to be seen by an Anglo audience, and the performer’s ambition is to tell about himself, a Latino among gringos, of his trip home to Argentina, to be a kind of an Everylatino before Anglo onlookers—and maybe a little bit of a gadfly. 

Almost immediately, another character’s introduced—a Mexican bandito from central casting, guns blazing, grinning, shouting—an Alfonso Bedoya impression, for all the world. But the performer peels off the mustachio and proceeds to perform a comic striptease, assisted by the audience, of the bandoliers and the rest of “my old Halowe’en costume.” In place of this kitschy joke, Verdicchio/Ortega introduces another figure, a Chicano or Pachuco, whose name has so puzzled Anglos he’s taken on a venerable English name: Wideload. 

Wideload struts through and banters with the audience, playfully baiting them at times (extolling local neighborhoods: “Piedmont—you got professionals, you got families ... you got professional families! ... So how ‘bout a Chicano for a neighbor? Liven up the neighborhood--you like music?”). 

Wideload also interrupts and burlesques the often heartfelt tale (bordering on confession) of “the other guy in this piece—that neurotic Argentinian”-- the playwright Guillermo’s Canadian education and his journey back to Argentina, terrified he’ll be questioned about doing his military service. “Don’t you hate to go to the theater and have some guy just talk about his life?” cracks Wideload; “What about plays? Remember plays?” 

But this is cabaret in more ways than set design. Guillermo’s tale rambles through his arrival in Chile (he’ll sneak into Argentina over the Andes) and the shooting of an unknown man in the street outside his hotel window the night he arrives (the memory sticks with him; he identifies with the corpse, traces of which seem to follow him: “I realize I have willed this to happen!”) to his nausea just before his flight back, his visit to a brujo who administers a potion that brings up further memories—of his fear and disgust over other latinos. 

Meanwhile, Wideload discourses on Tango “forbidden by Pope Pius X, it was born of a gaucho’s crude attempts to walk”), on The Latin Lover (“always being reincarnated ... a little secret: Latins aren’t sexier than Anglos; the difference is we like it—and practice, a lot!”), the Drug War, a movie audition for a Latino role (“a short guy in a dirty suit—perfect for me!”)—even the difference between ferrets and avocados (one northern and cold, the other southern and tropical: “It takes generations to domesticate a ferret, but only one to revert to a feral state ... Avocados make lousy pets; never give an avocado to a ferret!.”). 

It’s all sketched out in pantomime and much mugging by the indefatigable Ben, directed by the able Wilma Bonet—with constant counterpoint onscreen, the media projections designed by Verdicchia and theatreFIRST Artistic Director Clive Chafer. 

An ambitious trip, with many sidetrips, that seems to end where it began— “Where I make the most sense, in this Noah’s Ark of a nation ... Big, clean—back in Canada!” 

It occurred to me that aspects of the script that seemed a little too much at loose ends, dropped threads unconcerned with being picked up, were due to being intended for an Anglo-Canadian audience. But the Whitmanian cry of triumph at the end declares for the border itself as being home. “I am the Pan-American Highway!” Before intermission, Wideload told us we were all strangers, going through the show together, to find “a common bond, a point of reference ... it’s a theory, anyway ... maybe what you all have in common is, you’re listening to me!”  

Verdicchia’s declared his ambition to make monologue function as dialogue; a fastchanging, somewhat amorphous script often diverts or entertains more than informs or draws out. But the most intriguing aspect, not fully developed, of this collage of a show with its layers of text and of identities of speaker (and of spectator?) is not just the self or stranger-as-other, but the Other-within-the-self: as the screen reads “Towards un futuro post-Columbian,” Ben/Guillermo (whose tour-de-force this is) says, ecstatically: “Me, your neighbor, your dance partner!” 

 

8 p.m. Thursdays-Saturdays and 3 p.m. Sundays through Feb. 13 .  

Tickets: Thurs. and Sun. $18; Fri. and Sat. $22; half-price for those under 25 years old. Seniors, students, and members are $3 off. 

Mills College, 5000 MacArthur Blvd., Oakland. 

For tickets and information, call 436-5085 or visit www.theatrefirst.com. ›


Arts Calendar

Friday February 04, 2005

FRIDAY, FEB. 4 

EXHIBITIONS 

New Works by Julia Alpers, Mark Fox, Blane Fontana and Anthony Pearce. Reception at 7 p.m. at Art Beat Salon & Gallery, 1887 Solano Ave. 527-3100. 

FILM 

African Film Festival: “Soldiers of the Rock” at 7 p.m. and “Daresalam” at 9:05 p.m at the Pacific Film Archive. Cost is $4-$8. 642-0808.  

THEATER 

Actors Ensemble of Berkeley, “Seduced” by Sam Shepard opens at 8 p.m. at the Live Oak Theater, 1301 Shattuck at Berryman, and runs Fri. and Sat. through Feb. 19. 649-5999. www.aeofberkeley.org 

Aurora Theatre, “Dublin Carol” by Conor McPherson Wed.-Sat. at 8 p.m., Sun at 2 and 7 p.m. through March 6 at 2081 Addison St. Tickets are $28-$45. 843-4822. www.auroratheatre.org 

Berkeley Repertory Theater, “Fetes de la Nuit” at the Roda Theater, 2015 Addison St. Runs through Feb. 27. Tickets are $43-$55. 647-2949. www.berkeleyrep.org 

Ragged Wing Ensemble “The Serpent” theater with movement, masks and puppetry, Fri. and Sat. at 8 p.m., through Feb. 19, at the Eighth Street Studios, 2525 8th St. Tickets are $10-$20 sliding scale. 527-8119. www.raggedwing.org 

"Bridge & Tunnel" workshop performances by Sarah Jones at 8 p.m. Thurs.-Sat., 7 p.m. Sun. through Feb. 20 at Berkeley Repertory Theater’s Thrust Stage, 2025 Addison St. Tickets are $30-$40. 647-2949. www.berkeleyrep.org 

Contra Costa Civic Theater, “The Mousetrap” Agatha Christie’s classic mystery Fri. and Sat. at 8 p.m. through Feb. 19 at 951 Pomona Ave., El Cerrito. Tickets are $10-$15. 524-9132. www.ccct.org 

READINGS AND LECTURES 

Rosemary Gong explains “Good Luck Life: The Essential Guide to Chinese American Celebrations and Culture” at 7 p.m. at Cody’s Books on Fourth St. 559-9500. www.codysbooks.com 

MUSIC AND DANCE 

Kodo, synthesis of music and martial arts at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $24-$46. 642-9988. www.calperfs.berkeley.edu 

Bill Frisell’s 858 Quartet, contemporary jazz guitarist, at 8 p.m. at First Congregational Church, 2345 Channing Way. Tickets are $20-$25. 762-2277.  

Rhythm Village, West African music and dance, at 8 p.m. at La Peña Cultural Center. Cost is $12-$14. 849-2568.  

Houston Jones at 8 p.m. at Caffe Trieste, 2500 San Pablo Ave., at Dwight. 548-5198.  

The Art of the Trio with the David K. Matthews Trio at 8 p.m. at the Jazzschool. Cost is $12-$18. 845-5373. www.jazz 

school.com 

Ralph Stanley & The Clinch Mountain Boys, bluegrass, at 8 p.m. at Freight and Salvage. Cost is $29.50-$30.50. 548-1761.  

Denise Perrier Quartet at 9 p.m. at Downtown. 649-3810.  

The Ravines, singer-songwriters, at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Moore Brothers, Alela, Mariee at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryplough.com 

Midnight Laser Beam, Casiotone for the Painfuly Alone at 8 p.m. at 924 Gilman St. Cost is $6. 525-9926. 

Subliminal Twinkies, The Loyalists, Sizemix, electro-funk-indie-hiphop, at 9:30 p.m. at Blakes on Telegraph. Cost is $7. 848-0886.  

Jami Sieber at 8 p.m. at Belladonna, 2436 Sacramento.  

Anton Barbeau at 8:30 p.m. at Epic Arts, 1923 Ashby Ave. Cost is $5-$10.  

Flowtilla, groove jazz-funk, at 8 p.m. at Jupiter. 848-8277. 

McCoy Tyner with Terence Blanchard, Ravi Coltrane, Charnett Moffett, Eric Holland at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sun. Cost is $22-$30. 238-9200. www.yoshis.com 

SATURDAY, FEB. 5 

CHILDREN 

Los Amiguitos de La Peña with Gary Lapow at 10:30 a.m. at La Peña. Cost is $5. 849-2568. www.lapena.org 

Danna Troncatty Leahy, author of “Ciao Bambino” at 2 p.m. at Lucciola Children’s Bookstore, 3980 Piedmont Ave., Oakland. 652-6655. 

EXHIBITIONS 

“The Art of Living Black” Ninth Annual Bay Area Black Artists Exhibition Artists’ Talk at 2 p.m. at the Richmond Art Center, 2540 Barrett Ave., Richmond. 620-6772. www.therichmondartcenter.org 

FILM 

African Film Festival: “Agogo Eewo” at 5 p.m., “Campus Queen” at 7 p.m. and “Madame Brouette” at 9 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Dr. Cornel West reads from his new book “Democracy Matters: Winning the Fight Against Imperialism” at 1 p.m. at Calvin Simmons Theater, 10 Tenth St., Oakland. Free, donations welcomed. Sponsored by Laney College. 

Sandra Gilbert reads from her new volume of poems at 11 a.m. at Berkeley Public Library, 3rd flr Community Room. 981-6121.  

Bay Area Poets Coalition holds an open reading from 3 to 5 p.m. For location or other information call 527-9905.  

“Rumi’s Teachings on Global Peace and Harmony” with Dr. Majid Naini at 7:30 p.m. at the Islamic Cultural Center, 1433 Madison St., Oakland. Tickets are $10-$15. 832-7600. 

MUSIC AND DANCE 

Berkeley High School Concert Orchestra at 2 p.m. at the Berkeley Public Library, North Branch, 1170 The Alameda. 981-6250.  

Trinity Chamber Concert with Sarah Holzman, flute, Krisanthy Desby, cello, and Miles Graber, piano, at 8 p.m. at Trinity Chapel, 2320 Dana St. Tickets are $8-$12. 549-3864. http://trinitychamberconcerts.com 

Healing Muses “Bringing Light to Darkness” a celebration of winter and the coming of spring at 8 p.m. at St. Alban’s Episcopal Church, 1501 Washington Ave., Albany. Tickets are $15-$18, reservations recommended. 524-5661, ext. 3. www.healingmuses.org 

Kodo, synthesis of music and martial arts at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $24-$46. 642-9988.  

Virginia Iglesias Flamenco Dance Company at 8 p.m. at La Peña Cultural Center. Cost is $18-$20. 849-2568.  

Daria songs from “Feel the Rhythm” at 1 p.m. at Hear Music, 1809 Fourth St. 204-9595.  

G.Q Wang, recital of art songs, at 7:30 p.m. at the Northbrae Community Church, 941 The Alameda. 526-3805. 

Davka, Middle Eastern Ashkenazi jazz, at 8 p.m. at Freight and Salvage. Cost is $17.50-$18.50. 548-1761. 

Anton Mizerak with Manose and Kim Lorene at 7:30 p.m. at Unity of Berkeley, 2075 Eunice. Tickets are $10. 540-8844.  

John Newby Trio at 9 p.m. at Downtown. 649-3810.  

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

Bluegrass and Old-Time Festival at 9:30 p.m. at The Starry Plough. Cost is $10. 841-2082.  

Sandy Chang at 8:30 p.m. at Epic Arts, 1923 Ashby Ave. Cost is $5-$10.  

Psychokinetics, Sol Rebelz at 9:30 p.m. at Blakes on Telegraph. Cost is $8-$10. 848-0886.  

Replicator, Cold War, Raking Bombs at 8 p.m. at 924 Gilman St. Cost is $6. 525-9926. 

Jami Sieber at 8 p.m. at Belladonna, 2436 Sacramento. 

Neurohumors, improv, at 8 p.m. at Jupiter. 848-8277. 

SUNDAY, FEB. 6 

EXHIBITIONS 

Matrix 214: Mark Manders “The Absence of Mark Manders” sculptures and installations opens at Berkeley Art Museum, 2626 Bancroft Way and runs through April 10. 642-0808.  

Matrix 215: Althea Thauberger “A Memory Lasts Forever” video installation with photographs opens at Berkeley Art Museum, 2626 Bancroft Way and runs through April 10. 642-0808. www.bampfa.berkeley.edu 

“Bark and Beyond” giclée color prints by Helene Sobol opens at Photolab Gallery, 225 Fifth St., and runs through March 19. Reception from 3 to 5 p.m. Gallery hours are Mon.-Fri. 9 a.m. to 6 p.m., Sat. 10 a.m. to 2 p.m.. 644-1400. www.photolaboratory.com/gallery 

FILM 

African Film Festival: “Cosmic Africa” at 5 p.m., and “The Price of Forgiveness” at 6:45 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808.  

READINGS AND LECTURES 

Sally Woodbridge, architectural historian, speaks on  

“John Galen Howard and the University of California: The Design of a Great Public University Campus” at 7:30 p.m. at the Hillside Club, 2286 Cedar St. Free. Wheelchair accessible. 

Althea Thauberger and Mark Manders, gallery talk at 4 p.m. at Berkeley Art Museum, 2626 Bancroft Way. 642-0808. www.bampfa.berkeley.edu 

Poetry Flash with Nils Michals and Mark Wunderlich at 7:30 p.m. at Cody’s Books. Donation $2. 845-7852.  

MUSIC AND DANCE 

Berkeley Opera “Il Trittico” at 2 p.m. at Julia Morgan Theater. Tickets are $15-$40. 925-798-1300. www.berkeleyopera.org 

Takács Quartet, chamber music at 3 p.m. at Hertz Hall, UC Campus. Tickets are $42, available from 642-9988. www.calperfs.berkeley.edu 

Healing Muses “Bringing Light to Darkness” a celebration of winter and the coming of spring at 4 p.m. at St. Alban’s Episcopal Church, 1501 Washington Ave., Albany. Tickets are $15-$18, reservations recommended. 524-5661, ext. 3. www.healingmuses.org 

Herb Bielawa, composer-in-residence, 75th Birthday Concert, at 7:30 p.m. at The Unitarian Universalist Church of Berkeley, 1 Lawson Rd., Kensington. Tickets are $10-$15. 524-2912. www.uucb.org 

Chamber Music Sundaes with San Francisco Symphony musicians and friends at 3:15 p.m. St John’s Presbyterian Church, 2727 College Ave. Tickets are $7-$15 at the door. 415-584-5946 www.chambermusicsundaes.org 

Kodo, synthesis of music and martial arts, at 3 p.m. at Zellerbach Hall, UC Campus. Tickets are $24-$46. 642-9988.  

Turkish Sufi Music, poetry, and dance at 7 p.m. at 7th Heaven Yoga Studio, 2820 7th St. at Ashby. Tickets are $12-$15. 665-4300. 

The Black Irish Band at 8 p.m. at Freight and Salvage. Cost is $17.50-$18.50. 548-1761.  

Native Fruits, music brunch at 10 a.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344.  

MONDAY, FEB. 7 

EXHIBITIONS 

“I Love Mozart” works inspired by music from the radio show “Island of Sanity,” at the 4th St. Studio, 1717D 4th St. www.fourthststudio.com 

“Be Mine” ACCI’s Valentine’s Day show opens at 1652 Shattuck Ave. and runs through Feb. 28. Gallery hours are Mon.-Fri. 11 a.m. to 6 p.m., Sat. 10 a.m. to 6 p.m. 843-2527. www.accigallery.com 

FILM 

Seeing Through the Screen: Buddhism and Film “After Life” at 3 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808.  

READINGS AND LECTURES 

“Mesopotamia Endangered: Witnessing the Loss of History” with Joanne Farchakh, Lebanese journalist, at 5:30 p.m. at 370 Dwinelle Hall, UC Campus.  

Actors Reading Writers “Love, Place and Memory” at 7 p.m. at the Berkeley City Club, 2315 Durant Ave. Free.  

M.G. Lord describes “AstroTurf: The Private Life of Rocket Science” at 7:30 p.m. at Cody’s Books. 845-7852.  

Fred Rosenbaum describes “Taking Risks: A Jewish Youth in the Soviet Partisans and His Unlikely Life in California” at 7:30 p.m. at Black Oak Books. 486-0698.  

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

MUSIC AND DANCE 

Songwriters Symposium at 8:30 p.m. at Blakes on Telegraph. 848-0886. www.blakesontelegraph.com 

Trovatore, traditional Italian songs, at 7 p.m. at Caffe Trieste, 2500 San Pablo Ave. 548-5198.  

El Cerrito High School Jazz Groups at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10. 238-9200. www.yoshis.com 

TUESDAY, FEB. 8 

FILM 

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

“Kundun” Martin Scorsee’s film on Tenzin Gyatso, the 14th Dalai Lama, followed by discussion at 7:30 p.m. in Wheeler Auditorium, UC Campus. For tickets call 925-275-9005. 

READINGS AND LECTURES 

Mary Gordon reads from her new novel “Pearl” at noon at Mrs. Dalloway’s Literary & Garden Arts, 2904 College Ave. 704-8222. www.mrsdalloways.com 

“Archeology and Arabization of Morocco” with Prof. Elizabeth Fentress, University College, London at 7:30 p.m. at 370 Dwinelle Hall, UC Campus.  

Sam Davis discusses “Designing for the Homeless: Architecture That Works” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

MUSIC AND DANCE 

Cypress String Quartet at 8 p.m. at the Berkeley City Club, 2315 Durant Ave. Tickets are $20. 525-5211. 

Herbie Hancock, Michael Brecker, Roy Hargrove and others at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $30-$62. 642-9988. www.calperfs.berkeley.edu 

Martyn Joseph, Welsh contemporary folk troubadour, at 8 p.m. at Freight and Salvage Coffee House. Cost is $16.50-$17.50. 548-1761.  

The Sweatshop Band, Baby Buck and Cathy Rivers, Americana country, at 9:30 p.m. at The Stork Club, 2330 Telegraph Ave., Oakland. Tickets are $5. 444-6174. www.storkcluboakland.com 

Mose Allison at 8 and 10 p.m. Yoshi’s at Jack London Square, through Thurs. Cost is $10-$16. 238-9200. www.yoshis.com 

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

Carlos Oliveira Duo at 8 p.m. at Downtown. 649-3810. 

WEDNESDAY, FEB. 9 

THEATER 

“Bright River” A hip-hop retelling of Dante’s “Inferno,” every Wed. through March 9 at 8 p.m. at Oakland Metro, 201 Broadway. Tickets are $12-$35 available from 415-256-8499. www.inhousetickets.com 

FILM 

Film 50: History of Cinema: “Nanook of the North” at 3 p.m. and “Parallel Universum, Part I” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Café Poetry hosted by Kira Allen at 7:30 p.m. at La Peña. Donation $2. 849-2568.  

Jeff Chang describes “Can’t Stop, Won’t Stop: A History of the Hip-Hop Generation“ at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Berkeley Poetry Slam, 5th Annual Erotic Slam at 8:30 p.m. at The Starry Plough. Cost is $5-$7. 841-2082.  

MUSIC AND DANCE 

Wednesday Noon Concert, with the University Symphony Orchestra at Hertz Hall, UC Campus. Free. 642-4864.  

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

Savant Guard at 8 p.m. at Jupiter. 848-8277. 

Bluegrass Old-time Festival at 8 p.m. at Freight and Salvage. Cost is $15.50-$16.50. 548-1761.  

Rad Audio, indie nu-wave, at 9 p.m. at Blakes on Telegraph. Cost is $5. 848-0886.  

THURSDAY, FEB. 10 

EXHIBITIONS 

“You Are Here” paintings, drawings and sculpture examining cultural identity, opens at the Kala Art Institute, and runs through March 26. Reception from 6 to 8 p.m. Gallery hours are Tues.Fri. noon to 5:30 p.m., Sat. to 4:30 p.m. 540-2977. www.kala.org 

“Be Mine” ACCI’s Valentine’s Day show reception for the artists from 6 to 8 p.m. at 1652 Shattuck Ave. Gallery hours are Mon.-Fri. 11 a.m. to 6 p.m., Sat. 10 a.m. to 6 p.m. 843-2527. www.accigallery.com 

FILM 

African Film Festival: “Dirt for Dinner” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808.  

“Kordavision” documentary by Cuban photographer Alberto Díaz at 7 p.m. at the Richmond Public Library, 325 Civic Center Plaza, off Macdonald Ave. Part of the Latino Film Festival. 620-6561. 

READINGS AND LECTURES 

Yael Chaver documents Yiddish literature in “What Must Be Forgotten: The Survival of Yiddish in Zionist Palestine” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Elliot Currie talks about “The Road to Whatever: Middle-Class Culture and the Crisis of Adolescence” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Word Beat Reading Series at 7 p.m. with featured readers Julia Montrond and Robert Tricara at Mediterraneum Caffe, 2475 Telegraph Ave. 526-5985.  

MUSIC AND DANCE 

Berkeley High School Jazz Ensemble at 8 p.m. at Freight and Salvage. Cost is $16.50-$17.50. 548-1761.  

Alexander Tsygankov and Inna Shevchenko, Russian folk artists on the domra and piano, at 8 p.m. at La Peña Cultural Center. Cost is $15-$20. 849-2568. www.lapena.org 

Humanzee, The Famous at 9:30 p.m. at The Starry Plough. Cost is $5. 841-2082.  

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


Arts Lead Way to Learning At Berkeley Magnet School By JEFF KEARNS

Special to the Planet
Friday February 04, 2005

An elementary school with students dancing and banging on drums might seem to be begging for a strong dose of discipline. But at the Berkeley Arts Magnet school, where the drumming may be Afro-Cuban and the dance a Mexican folk number, the curriculum is based on what elsewhere might be chaos.  

Each year, the school hires visiting artists who teach students how to paint, dance, sing, act, or drum in lessons that are incorporated into other classroom subjects.  

Though some parents send their children to the magnet school because it’s close to home, others rave about the school’s focus on the arts, pointing to the good ways their kids learn and mature.  

“It really cracks open a child’s learning,” says Diana Correia, who chose to send her son and daughter to the school because of the arts focus. Like other parents, Correia said she’s seen the arts program get kids excited about school and motivate them to succeed academically.  

Principal Lorna Skantze-Neill says teachers explain academic concepts by using art-related examples. Music is built around timing. Quarter notes, for example, can also be a handy way to explain the often vexing concept of fractions. “You start making patterns for them,” she says. “They pay particular attention to details, which I believe comes from the arts.” 

Founded as Whittier School in the late 19th Century at Milvia and Virginia streets, the original wood building was replaced in the 1930s by a two-story concrete structure with wide inside corridors, high ceilings, and tall windows that give it an open, airy feel. Whittier became Berkeley Arts Magnet in 1981. 

“The philosophy in the founding of this school,” says Carole Ono, a longtime instructor, is that “arts are part of a basic education, that kids find arts, whether visual or performing, as a way to express themselves.” Students who have trouble with traditional subjects, Ono said, can find other ways to excel in the arts.  

Most of the money for the arts program comes from the Berkeley Schools Excellence Project, a parcel tax first approved by voters in 1986 that now generates more than $10 million a year for enrichment programs and class-size reduction in the Berkeley Unified School District. Voters re-authorized the tax in November.  

At Berkeley Arts Magnet staff and parents form a committee that decides how to use the school’s share of the BSEP money. Committee chair Rachel Greenberg said the school gets $65,000 for the arts from BSEP, but additional fund raising brings the total to about $90,000 a year. 

Last year, the panel spent most of the money on five visiting artists who taught dance, percussion, chorus, drama and visual arts. The artists are hired as classified employees, and receive health care benefits. But this year, Greenberg said, the rising cost of providing those benefits means that the school hired just four visiting artists. Because the BSEP funding level remains fixed, it doesn’t keep pace with the increased cost of benefits, she said.  

Though a new crop of visiting artists is hired at the beginning of each school year, dancer Betty Ladzekpo has been coming back since 1988. Ladzekpo, who studied African music and dance at UC Berkeley, mainly teaches West African dance, but her sessions with students incorporate dance from several cultures.  

Ladzekpo, known as “Miss Betty” in the classroom, said some students respond strongly, citing some who went on to study dance at Berkeley High School and one who became a dance major in college.  

“Parents have told me,” she said, “that ‘every night, they’re practicing this dance in the mirror, or my kindergartener puts on a show for me every night.’” 

 

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


Berkeley This Week

Friday February 04, 2005

FRIDAY, FEB. 4 

City Commons Club Noon Luncheon with Debra Pryor, Chief of the Berkeley Fire Dept. Luncheon at 11:45 a.m. for $13, speech at 12:30 p.m., at the Berkeley City Club, 2315 Durant St. For information and reservations call 526-2925 or 665-9020. 

Outings on Fridays with Berkeley Architectural Heritage Association Tour of the Hearst Memorial Mining Building, UC Campus at 11 a.m. Cost is $15. Reservations required. 841-2242. www.berkeleyheritage.com 

“From Chiapas to California” with Ramon Penate Diaz and Miguel Pickard from Chiapas, in an evening of spoken word and music at 8 p.m. at Humanist Hall, 390 27th St., Oakland. Cost is $10-$15. 654-9587. 

“Dancin’ in the Street: The Influence of Black Music of the Vietnam Era” from 6 p.m. to 1 a.m. at the Oakland Museum of California, 10th and Oak Sts., Oakland. Cost is $15-$20. 238-2200. www.museumca.org 

“The Thursday Club” screening of a new documentary by George Csicery about Oakland police officers and the Black Panthers at 7 p.m. at the Oakland Museum of California, 10th and Oak Sts., Oakland. 238-2200. www.museumca.org 

“Life and Debt” Stephanie Black’s award winning documentary examines the devastating effects of globalization upon local agriculture and industry in Jamaica. Part of the First Fridays series at 7:30 p.m. at St. Joseph the Worker Church, 1640 Addison St. Free. 482-1062. 

Literacy & Beyond! Lunar New Year Celebration at 7 p.m. at the Berkeley YMCA, 2001 Allston Way. Free. 665-3271. 

Berkeley Chess Club meets Fridays at 7:15 p.m. at the East Bay Chess Club, 1940 Virginia St. Players at all levels are welcome. 845-1041. 

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

Meditation, Peace Vigil and Dialogue, gather at noon on the grass close to the West Entrance to UC Berkeley, on Oxford St. near University Ave. 655-6169. www.bpf.org 

SATURDAY, FEB. 5 

Sick Plant Clinic UC plant apthologist Dr. Robert Raabe, UC entomologist Dr. Nick Mills, and their team of experts will diagnose what ails your plants from 9 a.m. to noon at the Botanical Garden, 200 Centennial Dr. 643-2755.  

“Pinguicula and Utricularia in the Cloud Forests of Ecuador” hosted by Geoff Wong of the Carnivorous Plant Society, from noon to 4 p.m. at the Botanical Garden, 200 Centennial Dr. 643-2755.  

“New Era/New Politics” Walking Tour of Oakland highlights African-American leaders who have made their mark on Oakland. Meet at 10 a.m. at the African American Museum and Library at 659 14th St. Tour is free and lasts about 90 minutes. 238-3234. www.oaklandnet.com/walkingtours 

Waterfalls of Berkeley Discover the little-known waterfalls of urban Berkeley on the moderately challenging walk. Find three stepped waterfalls tucked away in parks and neighborhoods, and see gardens and historic homes. From 10 a.m. to 4 p.m. Reservations required. For details call 415-255-3233. www.greenbelt.org 

Mushroom Walk in The Redwoods Join Berkeley Path Wanderers for an easy walk in Redwood Regional Park in Oakland, looking for showy mushrooms, enjoying birds, and pondering the lives and histories of redwoods. Meet at the Canyon Meadow Staging Area, the main parking lot farthest into the park from Redwood Gate, the main park entrance on Redwood Rd at 10 a.m. For information contact Robert Mackler, walk leader, 799-6756.  

Tilden Toddlers For ages 2-3 to explore the Nature Area and look for amphibian friends. From 2 to 3 p.m. at Tilden Nature Area. 525-2233. 

Kid’s Garden Club for ages 7-12 to explore the world of gardening, from 2 to 4 p.m. at Tilden Nature Area, Tilden Park. Cost is $5-$7, registration required. 525-2233. 

Magnificent Magnolias and Other Early Blooming Trees at 10 a.m. at Magic Gardens Nursery, 729 Heinz Ave. 644-2351. www.magicgardens.com 

Celebrate Black History Month with Bambara Mud Cloth painting at Habitot, 2065 Kittredge St. Cost is $5-$6. 647-111. www,habitot.org 

“Democracy Matters: Winning the Fight Against Imperialism” with Dr. Cornel West at 1 p.m. at Calvin Simmons Theater, 10 Tenth St., Oakland. Free, donations welcomed. Sponsored by Laney College. 

“Evidence for Global Warming: A Scientific Perspective” from 8:15 a.m. to 4 p.m. at the Oakland Museum of California, 10th and Oak Sts., Oakland. 238-2200. www.museumca.org 

Progressive Democrats of America organizational meeting to form an East Bay Chapter, at 1 p.m. at Temescal Oakland Library, 5205 Telegraph Ave., Oakland. 

Emergency Response Training Class on “Disaster First Aid” from 9 a.m. to noon at the Fire Dept. Training Center, 997 Cedar St. To register call 981-5606. www.ci. 

berkeley.ca.us/fire/oes.html 

“Rumi’s Teachings on Global Peace and Harmony” with Dr. Majid Naini at 7:30 p.m. at the Islamic Cultural Center, 1433 Masicon St., Oakland. Tickets are $10-$15. 832-7600. 

Valentine Making from 2 to 4 p.m. at the Albany Library, 1247 Marin Ave. Free and all supplies will be provided. 526-3720, ext. 17. 

Free Garden Tours at Regional Parks Botanic Garden Sat. and Sun. at 2 pm. Regional Parks Botanic Garden, Tilden Park. Call to confirm. 845-4116. www.nativeplants.org 

SUNDAY, FEB. 6 

Conifers of California from 10 a.m. to noon at the Regional Parks Botanic Garden, Tilden Park. 525-2233. 

Early Bloomers Look for currant leatherwood and trillium from 2 to 4 p.m. at Tilden Nature Center, Tilden Park. 525-2233. 

Mythical Owls Learn about owls and separate fact from fiction at 3 p.m. at Tilden Nature Area, Tilden Park. 525-2233. 

Healthy Gardening Workshop Learn about basic integrated pest management to keep both garden and gardener healthy from 1 to 3 p.m. at UC Botanical Garden, 200 Centennial Dr. Registration required. 643-2755. 

Alan Rinzler’s Writer’s Workshop at 3 p.m. at Cody’s Books on Telegraph Ave. Seating is first-come, first-served. 845-7852. www.codysbooks.com 

Oakland Tet Festival A celebration of the Vietnamese New Year with music, dance and food, from 11 a.m. to 6 p.m. at Clinton Park, 1230 6th Ave., by International/14th St., Oakland  

Institute for World Religions Book Study Group on “Dimensions of Unity” at 2 p.m. at Vara Healing Arts, 850 Talbot, Albany. 548-4517. 

Lake Merritt Neighbors Organized for Peace Peace walk around the lake every Sun. Meet at 3 p.m. at the colonnade at the NE end of the lake. 763-8712. lmno4p.org 

Tibetan Buddhism with Jack ven der Meulen on Tibetan Yoga “Listening to the Heart” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812. www.nyingmainstitute.com 

MONDAY, FEB. 7 

Tea and Hike at Four Taste some of the finest teas from the Pacific Rim and South Asia and learn their natural and cultural history, followed by a short nature walk. At 4 p.m. at Tilden Nature Area, in Tilden Park. Cost is $5-$7, registration required. 525-2233. www.ebparks.org 

Help Find Frogs Learn how to help with Friends of Five Creeks’ every-other-year frog survey at 7 p.m. at the Albany Community Center, 1249 Marin, Albany. Volunteers learn at the meeting to recognize frog calls and then listen at likely spots after sundown. 548-3787. www.fivecreeks.org  

Winter’s Sky at New Moon Time Meet at 6:30 p.m. at Tilden’s Inspiration Point and dress warmly for the evening’s star study. 525-2233. 

National Organization for Women Oakland/East Bay Chapter meets at 6 p.m. at the Oakland YWCA, 1515 Webster St., with speaker Claudette Begin, union activist and former candidate for mayor of San Jose on the Socialist Workers Party ticket. 287-8948. 

“Mesopotamia Endangered: Witnessing the Loss of History” with Joanne Farchakh, Lebanese journalist, at 5:30 p.m. at 370 Dwinelle Hall, UC Campus. Sponsored by The Archaeological Institute of America, San Francisco Society, The Dept. of Near Eastern Studies, UCB. 

An Evening with Roy Campanella, KPFA’s new General Manager at 7:30 p.m. at Berkeley Fellowship, corner of Cedar and Bonita. Bring snacks to share, childcare provided. 

Home Buyer Assistance Information Session for first-time homebuyers at 6 p.m. at 1504 Franklin St., Suite 100, Oakland. Free, but call to reserve a seat. 832-6925, ext. 100. 

TUESDAY, FEB. 8 

Early Morning Bird Walk Meet at 7:30 a.m. at the Botanic Garden parking lot to look for rufous-crowned sparrows and others in the Big Springs area. 525-2233. 

Mini-Rangers for ages 8-12 for an afternoon of nature study, conservation and rambling through the woods and waters. Meet at 3:30 p.m. at Tilden Nature Center. Fee is $6-$8, reservations required. 525-2233. 

Bird Walk at the Martin Luther King Shoreline at 3 p.m. Dress for rain and wind. For more information call 525-2233. 

Extreme Digital Photography with photographer Jonathan Chester at 7 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

“The Nature of Indian Water Rights” with Olney Patt, Jr., Executive Director, Columbia River Inter-Tribal Fish Commission, at 5:30 p.m. in 105 North Gate Hall, UC Campus. Sponsored by the Water Resources Center Archives. 642-2666. 

Live From Death Row with Kevin Cooper via speakerphone from San Quentin Prison at 7 p.m. in Room 30,Wheeler Hall, UC Campus. 333-7966. 

“Islamizing the Berbers” Excavations at Volubilis and the first centuries of the Arab conquest of North Africa with Elizabeth Fentress, Prof., Institute of Archaeology, University College, London, at 7:30 p.m. at 370 Dwinelle Hall, UC Campus.  

Black History Celebration with a showing of “Amistad” at 1:30 p.m. at the North Berkeley Senior Center. 

“Speaking for the Buddha? Buddhism and the Media” a conference Feb. 8-9 from 1:30 to 6 p.m. in the Lipman Room, Barrows Hall, UC Campus. http://ieas.berkeley.edu/events/speakingforthebuddha” 

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

Organic Produce at low prices sold at the corner of Sacramento and Oregon Sts from 3 to 6 p.m. This is a project of Spiral Gardens. 843-1307. 

“Solomon’s Steps: Applying the Wisdom of Solomon in Resolving Day-to-day Conflicts” Tues. at 7:30 p.m. through Feb. 22, at BRJCC, 1414 Walnut St. Cost is $25-$40. 845-6420. 

Rethinking Age An inter-generational workshop at 7:30 p.m. through March 1, at BRJCC, 1414 Walnut St. Cost is $30. 845-6420. 

Berkeley Camera Club meets at 7:30 p.m., at the Northbrae Community Church, 941 The Alameda. 548-3991. www.berkeleycameraclub.org 

WEDNESDAY, FEB. 9 

“New Era/New Politics” Walking Tour of Oakland highlights African-American leaders who have made their mark on Oakland. Meet at 10 a.m. at the African American Museum and Library at 659 14th St. Tour is free and lasts about 90 minutes. 238-3234. www.oaklandnet.com/walkingtours 

“Stop Martial Law in Oakland and for the African Community Everywhere” with Omali Yeshitela, founder of the Uhuru Soldarity Movement at 7 p.m. at Uhuru House, 7911 MacArthur Blvd., Oakland. 569-9620. 

AARP Free Tax Assistance for taxpayers with middle and low incomes, with special attention to those 60 years and older. From 12:15 to 4:15 p.m. at the Albany Library, 1247 Marin Ave. Appointments must be made in advance. 526-3720, ext. 5. 

Chiapas to California Speaking Tour with Ramon Peña Diaz at 7:30 p.m. at La Peña, 3105 Shattuck Ave. Donation $5-$10 sliding scale. 849-2568. www.lapena.org 

“Dark Secrets: Inside Bohemian Grove” An Alex Jones Film presented by Erin McCann at 7 p.m. at Humanist Hall, 390 27th St., Oakland. Free, but $5 donations accepted. 910-0696. 

East Bay Genealogical Society with Jeremy Frankel of the UC Library at 10 a.m. at the Family History Center at 4766 Lincoln Ave., Oakland. 635-6692. 

WriterCoach Connection Volunteer Training Help students improve their writing and critical thinking skills. Training session from 6:30 to 9:30 p.m. To register call 524-2319. Other trainings on Feb. 16, Mar. 8, 15. www.writercoachconnection.org 

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

Artify Ashby Muralist Group meets every Wed. from 5 to 8 p.m. at the South Berkeley Senior Center, to plan a new mural. New artists are welcome. Call Bonnie at 704-0803. 

Stitch ‘n Bitch Bring your knitting, crocheting and other handcrafts from 6 to 9 p.m. at Caffe Trieste, 2500 San Pablo Ave. 548-5198. 

Winter Walk Berkeley for Seniors 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. 

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

“The Giants of Assimilation: A Rogue’s Gallery of a Vanishing Jewish Type” with author Mark Cohen at 11:30 a.m. at BRJCC, 1414 Walnut St. Cost is $5. 845-6420. 

“You Can’t Fool Mother Nature” Global Climate Change with Dr. Wil Burns at 7:30 p.m. at BRJCC, 1414 Walnut St. Cost is $5. 845-6420. 

Berkeley Peace Walk and Vigil at the Berkeley BART Station. Vigil at 6:30 p.m. Peace Walk at 7 p.m.  

THURSDAY, FEB. 10 

“Ralph Bunche: An American Oddessey” a documentary narrated by Sidney Poitier, at 7 p.m. at 155 Dwinelle Hall, UC Campus. Discussion follows. Free. www.unaeastbay.org 

“Looking Ahead: The Struggle for Justice, Peace and Equality in Palestine/ 

Israel” with Prof. George Bisharat, UC Hastings College of the Law, at 7:30 p.m. at Fellowship Hall at the Unitarian Church, 1924 Cedar St., at Bonita. Donation $5-$20, no one turned away. 465-1777. 

“History from the Point of View of the African People” with Omali Yeshitela, founder of the Uhuru Soldarity Movement at 7 p.m. at Fellowship of Humanity, 390 27th St., Oakland. 625-1106. 

“The Freedom Radio Project: Supporting the Youth Voice in Palestine” A benefit film screening and concert, at 7 p.m. at Grand Lake Theater, 3200 Grand Ave., Oakland. Co-sponsored by KPFA Radio & The Middle East Children’s Alliance Tickets are $15. 452-3556. 

“Language Communities or Cultural Empires” The Impact of European Languages in Former Colonial Territories, a two day conference, from 8 a.m. to 5 p.m. in the Lipman Room, 8th flr, Barrows Hall, UC Campus. For information contact hsutton@berkeley.edu 

“Bridge to Babylon” Judeo-Arabic music at 7:30 p.m. at BRJCC, 1414 Walnut St. Cost is $20. 845-6420. 

“Signs Out of Time” A documentary about the life of archaeologist Marija Gimbutas by Donna Read and Starhawk narrated by Olympia Dukakis at 7 p.m. at Belladonna, 2436 Sacramento St. Cost is $5. 883-0600. 

East Bay Mac User Group meets at 6 p.m. at Expression Center for New Media, 6601 Shellmound St. http://ebmug.org 

CITY MEETINGS 

Council Agenda Committee meets Mon., Feb. 7, at 2:30 p.m., at 2180 Milvia St. 981-6900. 

www.ci.berkeley.ca.us/ 

citycouncil/agenda-committee 

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

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

Peace and Justice Commission meets Mon., Feb. 7, at 7 p.m., at the North Berkeley Senior Center. Manuel Hector, 981-5510. www.ci.berkeley.ca.us/commissions/peaceandjustice 

Youth Commission meets Mon., Feb. 7, at 6:30 p.m., at 1730 Oregon St. Philip Harper-Cotton, 981-6670. www.ci.ber 

keley.ca.us/commissions/youth 

City Council meets Tues., Feb. 8, at 7 p.m in City Council Chambers. 981-6900. www. ci.berkeley.ca.us/citycouncil 

Commission on Disability meets Wed., Feb. 9, at 6:30 p.m. at the North Berkeley Senior Center. Don Brown, 981-6346. TDD: 981-6345. www.ci.berkeley.ca.us/commissions/disability 

Homeless Commission meets Wed., Feb. 9, at 7 p.m., at the North Berkeley Senior Center. Jane Micallef, 981-5426. www.ci. 

berkeley.ca.us/commissions/homeless 

Human Welfare and Community Action Commission meets Wed., Feb. 9 at 7 p.m., at the South Berkeley Senior Center. Kristen Lee, 981-5427. www.ci.berkeley.ca.us/commissions/welfare 

Library Board of Trustees meets Thurs. Feb. 9, at 7 p.m. at 1901 Russell St., Jackie Y. Griffin, 981-6195. www.ci.ber- 

keley.ca.us/commissions/library 

Planning Commission meets Wed., Feb. 9, at 7 p.m., at the North Berkeley Senior Center. Janet Homrighausen, 981-7484. www.ci.berkeley. ca.us/commissions/planning 

Police Review Commission meets Wed., Feb. 9, at 7:30 p.m. at the South Berkeley Senior Center, 981-4950. www.ci.berkeley.ca.us/com 

missions/policereview 

Waterfront Commission meets Wed., Feb. 9, at 7 p.m., at 201 University Ave. Cliff Marchetti, 644-6376 ext. 224. www.ci.berkeley.ca.us/commissions/waterfront 

Community Health Commission meets Thurs, Feb. 10, at 6:45 p.m., at the South Berkeley Senior Center. William Rogers, 981-5344. www.ci.berkeley. 

ca.us/commissions/health 

West Berkeley Project Area Commission meets Thurs., Feb. 10, at 7 p.m., at the West Berkeley Senior Center. Iris Starr, 981-7520. www.ci.berkeley.ca.us/commissions/westberkeley  

Zoning Adjustments Board meets Thurs., Feb. 10, at 7 p.m., in City Council Chambers. Mark Rhoades, 981-7410. www.ci.ber 

keley.ca.us/commissions/zoning  


UC, Campus Bay Developer Plot Richmond Field Station Future By RICHARD BRENNEMAN

Tuesday February 01, 2005

Simeon Properties, the controversial co-developer of the troubled Campus Bay site, is UC Berkeley’s first choice for developing the adjacent Richmond Field Station, a UC official revealed Monday. 

Simeon, a Marin County firm headed by Russ Pitto, has drawn considerable heat from concerned neighbors of Campus Bay, both for his plans to develop a 1,330-unit housing project on the property and for problems with the ongoing site cleanup. 

The firm was selected by the university from among the applicants who responded to an April 9, 2004 Request for Qualifications issued by UC Real Estate Group Senior Planner and Project Manager Kevin Hufferd. Negotiations have been underway between Simeon and the University ever since. 

Though no final agreement has been signed, the proposal calls for the university to lease most of the site to a private developer for 60 years. 

The university is now in negotiations with Simeon to devise a workable plan to build a mixed corporate and academic research park on 70 acres of the 152-acre site. 

“We’re still trying to agree on broad terms,” Hufferd said. “There’s no deadline on negotiations and we hope to be able to reach agreement within the next few months.” 

Representatives for Simeon did not return calls for comment. 

Privatization could result in a tax windfall for Richmond, which can collect a possessory interest tax—equivalent to property tax—on all parts of the site leased by corporate clients, Hufferd said, though any property leased to the university would be tax-exempt. 

University plans envision the redeveloped site as “a financial resource,” which would provide additional revenue for the school. 

“The idea is to have a development that can meet the needs of the university and have private labs, especially for research that has connections to the university,” Hufferd said. 

According to an Aug. 17, 2004 “concept summary” distributed to field station employees, plans call for “a projected build-out of approximately two million square feet in the aggregate,” a figure that includes additions to the few existing buildings that would be spared from demolition. 

Many of the buildings on the to-be-leased area of the site were built before 1940, and four have “very poor” seismic ratings while 18 have “poor” ratings, according to a 1997 seismic survey of the site. 

While the April 9, 2004 proposal called for the developer to clean up pollutants on the site, Hufferd said the university now plans to tackle that responsibility. 

The site, located immediately to the west of Simeon’s toxics-laden Campus Bay site, is contaminated by substances ranging from acid-producing iron pyrite cinders to mercury and PCBs. 

The pyrite was dumped at the site by Stauffer Metals, one of the previous owners of the campus Bay site, and the mercury comes from the field station site in its early incarnation as the home of the California Cap Company, which manufactured fulminate of mercury blasting caps on the property. 

Cleanup of the university property is being conducted by the San Francisco Bay Regional Water Quality Control Board under a three-year-old cleanup order. The water board currently has no toxicologist on its staff. The school rejected a 1995 cleanup proposal from the state Department of Toxic Substances Control (DTSC), which is staffed with toxics experts. 

The adjacent Campus Bay site was also entirely under water board control until a legislative hearing in December prompted by irate Richmond residents caused developer Cherokee-Simeon to call for DTSC regulation of the upland portion of its site, home to a massive mound of buried pyrites and toxics. 

Some of the pyrites at Campus Bay were trucked over from the university property. 

Sherry Padgett, a leading activist in Bay Area Residents for Responsible Development (BARD), said she wasn’t surprised by the news of Simeon’s involvement at RFS, adding that it “is all the more reasons to have both sites under the supervision of DTSC.” 

“Starting last year I heard several people connected with the project refer to restaurants and recreational facilities to be built just west of the property line,” she said. “Now I know why.” 

UC’s proposals call for both types of facilities at the field station site. 

News of Simeon’s involvement came the day before Tuesday night’s Richmond City Council meeting, where Mayor Irma Anderson was scheduled to appoint a Blue Ribbon Committee for the Campus Bay Project and the council is to consider an ordinance on the demolition of buildings that have been used to make or house toxic chemicals. 

Mayor Anderson said the panel will include nominees from each councilmember, and may also include individuals with specific expertise. She said she had not decided on the committee’s size as of late Monday afternoon. 

“We’re having a lot of community input,” she said, “but we need to make sure its effective.” 

BARRD is also scheduled to present the council with a formal resolution signed by hundreds of area residents calling for the whole Campus Bay site to come under DTSC jurisdiction, Padgett said. 

While a 2002 “Richmond Field Station Working Paper” prepared by the university for their 2020 Long Range Development Plan rejected a proposal to place housing on the site because it “would require additional site remediation costs,” it raised the idea of building a “charter school” and conducting a major outreach program with local schools. 

Hufferd said Monday that there’s “not been a lot of active discussion with the developer” about the school. “It’s not part of the ongoing discussion.” 

Several proposals raised in the 2002 LRDP working paper have been implemented, including this one: “Rename the property to reflect the campus’ commitment to the site as a first class research environment.” 

The name chosen was Bayside Research Campus. 

The neighboring Campus Bay site was originally intended as a biotech research and development park until the biotech industry tanked in the wake of the post-9/11 stock market stumble. Simeon and financial partner Cherokee Investment Properties then shifted plans to a housing development. 

The university’s 2002 LRDP report noted that the field station “has the potential to play a significant role in the campus’ future growth, and how this site is developed may, in turn, affect both the nature and the magnitude of growth on and around the core campus.” 

Ousted UC Berkeley College of Natural resources Professor Ignacio Chapela has speculated that the new field station proposal is aimed to target it as a site for researchers cashing on the stem cell research bonanza funded by California voters in November.›


Church Gives Christianity A New Orientation By MATTHEW ARTZ

Tuesday February 01, 2005

At an hour when many of their friends are sitting down to Sunday brunch, the congregates of Berkeley’s New Spirit Community Church hunt for spiritual nourishment. 

With the choir pumping out upbeat songs and the casually dressed congregates bouncing along, the hour-and-a-half service stylistically resembles those of other small upstart Protestant denominations leading a nationwide religious revival. 

But New Spirit is a different breed. Many of those swaying arm-in-arm to the songs are same-sex couples. One lesbian pair slow danced in the aisle as the pianist played “From A Distance,” a song made famous by Bette Midler. 

“The whole point is to have folks leave here feeling joy,” said Karen Foster, who has served as the church’s pastor since its founding in 2000.  

New Spirit grew out of San Francisco’s Metropolitan Community Church, a predominantly gay Protestant denomination. For the church’s founders, building New Spirit wasn’t just a means to cut down on church commutes for East Bay residents, but a project to create a church where everyone—not just gays—felt at home. 

“We’re not a gay and lesbian church, we’re a Christian church,” said founding member Sylvia Perez. “No one is checking credentials at the door.”  

New Spirit is the only church to affi liate with three of the nation’s most progressive mainline Protestant denominations, Metropolitan Community, United Church of Christ and Disciples of Christ. Since its inception, the congregation has doubled to 160 members, about one-third of whom identify as straight.  

“If there’s a common thread it’s that most people have felt disillusioned with churches in the past,” said Foster, a former Southern Methodist from South Carolina, and graduate of Berkeley’s Pacific School of Religion. “They come here as one last chance to see if church can be what it should be.” 

Among Sunday’s first-time congregates was Rosie, a former nun, who left the convent 13 years ago after coming to grips with her sexuality. 

“Since then I’ve felt spiritually homeless,” she said. After years of studying Buddhism, Rosie expects to return to New Spirit next week. 

“I love church. The music, the holidays, it’s all part of the rhythm of my life that was missing,” she said. 

For Richard Brabham, who grew up in a devout Methodist home, accepting his sexuality never imperiled his faith. “Even as I came out as a gay man, and other churches didn’t want me, God was still a presence in my life,” he said. “Now I can celebrate every part of who I am.” 

New Spirit attracts congregates as much by offering a sense of community as with religious ritual, members said. The church sponsors social events and helped form YEAH, Berkeley’s winter-time youth shelter, which 20 members help staff. Last week, the congregation raised $3,700 to help Tsunami v ictims. 

“If people say we’re supposed to love one another and we just sit here in the church, then we’re just talking bullshit,” said Michael Mansfield, a church member. 

Sandra Meucci, one the church’s first straight members, said politics initially bro ught her into the fold, but a renewed faith keeps her coming every Sunday. 

“Originally I thought it was important that gay and lesbian people wanted to form a church that moved beyond the confines of just gays and lesbians,” said Meucci, a sociologist and lapsed Methodist. “Then I attended the service and I was kind of surprised that I was so moved by it. I didn’t even recognize that there was a part of my life missing until I started up again. Now I feel a more personal relationship with God.” 

With a congregation that is all over the spiritual map, New Spirit doesn’t push Christian dogma. At Sunday’s service, the emphasis was on music and the offering of communion. Pastor Foster never referred to Jesus, an omission she said was unintentional.  

“We take the bible seriously, just not literally,” she said. Foster said the church holds study sessions both on social justice icons and Christian texts and also offers religious instruction to members’ children. 

While congregates feel accepted in the church, several said their gay friends didn’t quite know what to make of their new Sunday pastime.  

“It was a little bit like coming out,” Perez said. “When I told people I was going to church they’d be like, ‘Oh my God are you kidding?’ They don’t frown on it, but they don’t necessarily understand it either.” 

After five years, New Spirit’s congregation can nearly fill the Pacific School of Religion’s chapel on Holy Hill, which it rents. Still, it is not yet large enough to get them a church of their own. The church is hoping to expand its base and find more success in reaching out to minorities. 

Carl Lawrence, one of New Spirit’s three African American members, said attracting other gay African Americans is a challenge. “Many black people are still in the closet,” he said. “And many of the black churches aren’t comfortable having gays in the congregation.” 

Lawrence’s spiritual journey has come a long way from the Baptist church he attended as a child in New York. “At times I like to hear good gospel music,” he said. “But to me it’s more important to be in a place that’s welcoming and accepts you for who you are.” 

 

New Spirit Community Church holds Sunday service at 11 a.m. at the Pacific School of Religion’s chapel, 1798 Scenic Ave. 

 

 

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Elmwood Institution Wins 5-Year Reprieve By RICHARD BRENNEMAN

Tuesday February 01, 2005

Reports of the impending death of the Elmwood Pharmacy and its ever-popular Ozzie’s soda fountain have been greatly exaggerated, said Victoria Carter, the second-generation owner of the pharmacy. 

“We just signed a five-year lease,” she said, “and we’re going to be doing a restoration.” 

The interior of the building at 2900 College Ave. is showing its age, and Carter’s repairs will restore the space to its former glories, she said. 

One other change is in the works, she acknowledged, and that’s the name of her business. 

Because Carter closed out the prescription drug side of the business, state law forbids the continued use of “pharmacy” in the name. 

Instead, the store will henceforth be known as Elmwood Health & Mercantile and Ozzie’s Soda Fountain. 

Carter is currently distributing a marketing survey to customers, asking such things as what items they’d like to see her stock and what hours the business should keep. 

“We’re here to stay,” said Michael Hogan, who operates the soda fountain. 

 

—Richard Brenneman


Patrons Rail Against Berkeley Post Office Lines By MATTHEW ARTZ

Tuesday February 01, 2005

Patrons of Berkeley’s main post office are used to waiting. For years, customers have sat on benches or strolled along nearby blocks killing time until their number was called. 

But for several, their patience ran out last November when the post office’s pick-a-number dispenser system broke down. Post office officials responded by instituting a formal line, forcing customers to wait inside and on their feet. 

“For me standing is painful,” said Ardys DeLu, who suffers from a foot ailment. Her job requires frequent trips to the downtown post office to send and receives packages for her employer. The recent change in the post office waiting policy has made the job harder, she said. 

DeLu didn’t get much sympathy when she informed postal workers at the main branch of her condition. “They told me to call my congressman,” she said. 

Instead DeLu joined a coalition of elderly and disabled patrons, and a few allies, who wouldn’t stand for standing in line at the post office. 

Now, after standing their ground, they have carried the day. 

“The postmaster got so many complaints from customers he ordered a new system,” said U.S. Postal Service spokesperson Gus Ruiz. The new system, which private companies list for about $600, is expected to be installed within two weeks, he added. 

DeLu, however, isn’t claiming victory just yet. “I’m 55, I’ve learned a lot of things about public agencies,” she said. 

The line remained in effect Friday. 

Most post offices don’t have pick-a-number systems, said Ruiz, adding that the decision about how customers wait for service rested with the individual postmaster. 

The Solano Avenue branch shelved its number system after it malfunctioned.  

The elderly and disabled were not the only patrons pushing for a return to the number system. Barbara Wilke, a post office patron, wrote in an email that her sensitivities to fragrances often required her to wait outside. 

“The bigger the crowd, the harder it is for me to breath,” she wrote. 

For Hannah Karpilow, the line at the main branch is an inconvenience, not a health hazard. “I would prefer to sit outside in the fresh air or if I’m really busy go run an errand,” she said. 

In addition to restoring the pick-a-number system, new Berkeley Postmaster Ralph Cherry, in an email to City Councilmember Kriss Worthington, promised to hire new mail clerks to reduce service delays. 

On Friday afternoon, during the lunch hour, patrons standing in line waited about 10 minutes to reach the clerk. Among those waiting was 90-year-old Eugene Sharee, who wasn’t too bothered by having to stand. 

“It’s just a matter of life you come to expect,” he said. “You have to stand in line sometimes.” 


UC Workers Ask for State Mediator By JAKOB SCHILLER

Tuesday February 01, 2005

After months of unsuccessful negotiations, the union representing nearly 7,300 University of California service workers has declared impasse and asked a state mediator to help both sides reach an agreement.  

The union, the American Federation of State, County and Municipal Employees (AFSCME) and the university have been bargaining since the worker’s old contract expired in June but have been unable to agree on contract issues including pay and a job advancement system. 

Of the 7,300 workers represented under the contract, roughly 700 work at UC Berkeley. 

According to Faith Raider, a union spokesperson, 10,000 patient-care and technical workers who staff the hospitals run by UC were engaged in a similar contract fight last year but were able to reach an agreement after asking a mediator to step in. 

“We hope [the mediator] will get us what we need,” Raider said.  

Raider said AFSCME, unlike other unions, is restricted from escalating its fight against the university until they declare an impasse and meet with a mediator. Other unions can threaten to boycott or strike as soon as their contract expires. 

The first meeting between the two sides was Monday. Raider said they will continue to meet as long as the mediator thinks there is still room for negotiation. 

 

—Jakob Schiller 


BHS Health Center Holds Grand Opening for New Facility By J. DOUGLAS ALLEN-TAYLOR

Tuesday February 01, 2005

A 15-year Berkeley Unified School District-City of Berkeley joint project that helped boost the city’s reputation for teen services has moved to permanent headquarters on the Berkeley High School campus. 

The Berkeley High School Health Center celebrates its public opening Thursday from 4 to 8 p.m. with a public reception at its new half-million-dollar facility in the school’s ‘H’ building. It is credited with helping Berkeley achieve the status of “Number One Teen Healthy City in California,” according to the California Wellness Foundation. Berkeley has the lowest teen-pregnancy rate in the state and one of the lowest in the nation. 

Normally the center is open only to staff and students seeking services, which is why—according to City of Berkeley Director of Maternal, Child and Adolescent Health Vicky Alexander—students named the center four years ago as the top service on campus. 

“They like it for the confidentiality,” Alexander said. “That’s what made it a success. We work closely with parents, but there are clearly some things that the students need to be able to talk about in private.” 

Added privacy is one of the benefits of the new facility. 

The center opened its doors in 1990 as a mental health counseling facility through the city’s Mental Health Services division, and operated for most of its existence out of a portable building near the football field. 

Clinic Manager Ojig Yeretsian said the new facility has several more rooms than the old portable, and the rooms are more functional. 

“Compared to the trailer,” she said, “this place is amazing.” 

Medical provider Barbara Morita, who has worked at the facility for 10 years, said that the walls in the old portable were “paper thin,” but the new facility’s walls are soundproof. There are other benefits. “When it’s windy, the roof doesn’t shake over here,” Morita said. “The water doesn’t flow in through the windows; the bathroom doesn’t get drenched. And we feel safer in earthquakes.” 

Maybe more important, Morita now works out of her own office. In the old portable, she “literally worked out of a closet” according to Yeretsian. Another advantage in the new facility is that a triage room has been added. 

Berkeley High students can either be referred to the clinic or can drop in on their own. In either event, they get funneled through receptionist Berthean Coleman. Yeretsian says that many students are too shy to state their problems at first, so it is Coleman’s job to talk with them and draw out the nature of their concerns. 

“She determines whether they have a physical illness that requires the nurse’s attention, or a mental health concern, or questions related to sexual activity, or domestic violence issues, or other concerns, and then sends them to where they need to go inside the facility,” Yeretsian said. 

All services are provided to BHS students free of charge. 

Funded through various sources and operated as a collaborative effort between the city’s Department of Health and Human Services and the Berkeley Unified School District in collaboration with Children’s Hospital and in association with the Alameda County School-Based Health Center Coalition, the Center currently operates a full range of services, including family planning, STD and HIV counseling and testing, full medical exams, and examinations for sports team participants, a nurse’s station, two medical exam rooms, and a laboratory. 


BUSD Plans Formal Entry Into State Budget Battle By J. DOUGLAS ALLEN-TAYLOR

Tuesday February 01, 2005

Berkeley Unified School District plans to enter the state budget battles this week with a board resolution calling on Gov. Arnold Schwarzenegger to “fully fund education according to the requirements of Proposition 98.” 

The resolution highlights the agenda at Wednesday’s BUSD Board of Directors meeting, set for 7:30 p.m. at the Old City Hall on Martin Luther King Jr. Way. 

Proposition 98 is the 1998 state Constitutional amendment which established minimum-funding levels for K-12 schools and community colleges in California. During budget negotiations last year, Schwarzenegger made a deal with state education leaders that—in return for their support of temporary suspension of the Prop. 98 funding guarantees in 2004-05—the governor promised to restore the money in 2005-06 and to fully fund Prop. 98 beyond. However, Schwarzenegger reneged on the deal, cutting more than $2 billion in Prop. 98 money this year. 

Noting that California ranks 44th in the nation in per-pupil spending, the proposed BUSD resolution accuses the governor of “break[ing] his promise to California’s students to ensure adequate school funding.” 

Last month, BUSD Superintendent Michele Lawrence told the Daily Planet that the days of traditional lobbying state government were over, saying “that kind of marching on Sacramento and waving your flag doesn’t seem to be getting the results that we would like any longer” and adding that “it’s yet to be decided what the response of the education community should be and is likely to be.” 

In recent days, BUSD leaders have been saying that Lawrence is working to help build a statewide education coalition designed to fight the governor’s education cuts. 

In other action at Wednesday’s meeting, the board will be asked to approve a $200,000 contract for Berkeley-based Design Community and Environment (DCE) to hold community meetings and develop a plan for the district’s West Campus and Oregon Street/Russell Street properties, as well as for the district’s administrative offices at Old City Hall. The superintendent’s office is scheduled to present a proposal for the three properties to the board at its Jun. 29 meeting. 

The board is also scheduled to hear a report on student diversity in the district, as well as a financial update on Measure BB, the school funding tax approved by voters in November.Å


Middle School Students Tackle Bullying In Addison Street Windows Poster Display By J. DOUGLAS ALLEN-TAYLOR

Tuesday February 01, 2005

It is easy not to pay attention to the jumble of Speak Up—Stop Bullying posters lined inside the Addison Street Windows Gallery across from the Berkeley Repertory Theater. 

Pedestrians pass by without even looking up. Put together by Berkeley middle school students, the pastel coloring and hand-drawn printing don’t have the polish of modern street ads. It is only by stopping at the window, and spending some moments reading and absorbing, that the observer begins to understand the power of the message and the depth of feeling that inspired the Berkeley Unified School District middle school student exhibit. 

• A grave site dotted with headstones—marked “RIP anti-Semitism, RIP racism, RIP discrimination, RIP ageism, RIP stereotype”—below a banner “Maybe One Day...” 

• Three juvenile faces filling a poster, wide-eyed and innocent, different colors and genders, with the message “We May All Be Different But That’s Not A Reason To Bully.” 

• A familiar television cartoon scene, Bart Simpson being strangled by his father, Homer, but with the added slogan “Stop The Abuse.” 

• A poem by Willard student Valerie Dohrer begins with “The teasing starts. The tears hidden and, kept inside,” and asks, “Where are the allies? Too scared to help.” 

• A printed list of stark statistics that tell endless tales of terror and fear in California public schools: “An estimated 160,000 miss school every day out of fear of attack or intimidation by other students.” One reads, “27 percent of California middle and high school students are harassed because they are not ‘masculine enough’ or ‘feminine enough.’” And another, “For children in grades 6-10, nearly one in 6—or 3.2 million—are victims of bullying each year and 3.7 million are bullies.” 

Berkeley Unified’s Stop Bullying project had its genesis in a two-dad Berkeley family looking for a Berkeley public school to send their daughter six years ago, and was kickstarted by the hate-crime murder of Newark transgender student Gwen Arujo in the fall of 2002. 

“We were looking at public schools in Berkeley for our daughter,” said Jon Logan, “and we didn’t feel particularly comfortable in terms of our type of diversity. Berkeley Unified School District just didn’t have the teachers or support or tools to deal with questions of homophobia. That was surprising to me. I thought it would be a slam dunk, finding an appropriate school in Berkeley. But as budgets go, priorities go, and some things get pushed aside.” 

Logan and his partner, Kevin Woodward, eventually put their daughter in private school, where she remains. But “because we pay our taxes here, and because we have a deep concern for our community, we’re very dedicated to making Berkeley a better place,” Logan said. 

Logan and Woodward, who operate the Logan Family Fund out of the East Bay Community Foundation in Oakland, got the chance to put that dedication to work after the 2002 hate-crime murder of Arujo. The murder, and subsequent trial of three of Arujo’s high school classmates, caused media outlets to converge en masse on the South Bay to report the events. Patrice O’Neill of Oakland-based The Media Group—which had produced an award-winning documentary about community response to hate-crime in Billings, Montana—approached the Community Foundation about funding a film about the Arujo murder. The Logan Family Fund led the funding efforts for the film, and Logan said the discussions surrounding those events—and the need for a formal violence prevention curriculum in the public schools—led the Logan Family Fund to begin efforts to set up anti-homophobic and anti-violence programs in the Berkeley schools. 

“The thrust is against bullying and violence in general,” Logan said. “We’re not focusing solely on the homophobic issue, although that is one component. But students are picked on every day for any and every reason... Kids have a tendency to turn on people one day just because they don’t like them for some reason, and other kids fall in line.” 

The Stop Bullying campaign began in January of 2004 in Berkeley’s middle schools and involves both teacher training and regular work with students. This fall the program sponsored a contest for posters, essays, poems, and spoken word on anti-bullying. Logan said that the Addison Street Windows Gallery display is just a small part of the submitted entries. 

“An amazing number of kids participated,” he said. “Each school held their own contest, and each school had evening programs where students read their poems or performed their raps or showed their artwork.” 

Logan said the next step is to move the stop bullying program into the district’s elementary schools and high school campuses. 

“While outside donors have supported the beginning of this program and provided consultation, this is a BUSD-based program, and it should be,” Logan said. “It needs to be an internal school-run program, with the full endorsement of the administration and the school board.” 

He said that support has already come from Superintendent Michele Lawrence’s office, which authorized a full day of in-service training last year on bullying issues. His goal for the program is to have a full-time staff person at each school to train teachers and provide a place where students can go to for support.  

 

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Voter Research Group Finds Fault in Exit Pollsters’ Report By JUDY BERTELSEN

Special to the Planet
Tuesday February 01, 2005

USCountVotes, a nonpartisan scientific research project, issued a statement Monday critical of exit pollsters Edison and Mitofsky’s Jan. 19 report attributing differences between exit poll and election results to possible survey-response rates of Republicans and Democrats. 

The researchers say the data does not support such a hypothesis but actually suggests the contrary. The USCountVotes team writes that Edison/Mitofsky assert the “disparity was ‘most likely due to Kerry voters participating in the exit polls at a higher rate than Bush voters’, but no evidence is offered to support this conclusion. In fact, data newly released in the report suggests that Bush supporters might have been over represented in the exit polls, widening the disparity to be explained. The report gives no consideration to alternative explanations involving election irregularities.” 

The USCountVotes team faults Edison Media Research and Mitofsky International for failing even to explore the possibility that the election results were faulty, instead focussing only on hypotheses about why the exit polls might have been in “error.” Furthermore, the Edison/Mitofsky report elides from hypothesis to assertion of fact, without the benefit of confirming data.  

Edison/Mitofsky are quoted as saying, “While we cannot measure the completion rate by Democratic and Republican voters, hypothetical completion rates of 56 percent among Kerry voters and 50 percent among Bush voters overall would account for the entire Within Precinct Error that we observed in 2004.” 

(Within Precinct Error is defined as “an average of the difference between the percentage margin between the leading candidates in the exit poll and the actual vote for all sample precincts in a state.”) 

However, this hypothesis is treated as fact on page four of Edison and Mitofsky’s Executive Summary, “It is difficult to pinpoint precisely the reasons that, in general Kerry voters were more likely to participate in the exit polls than Bush voters.” The hypothesis has morphed into asserted reality. 

Edison/Mitofsky acknowledge that the differences between the exit polls and the election results are far greater than can be explained by statistical sampling error. The USCountVotes authors write, “Seven of the 50 states . . . had less than 1 percent probability of having the reported difference between exit polls and election results occurring by chance.” 

According to the authors, the probability is one in 10,000,000 that seven of 50 states would have such results in the same election. 

“The many anecdotal reports of voting irregularities create a context in which the possibility that the overall vote count was substantially corrupted must be taken seriously,” the report concludes. 

USCountVotes is creating and analyzing a database containing precinct-level election results for the entire United States in order to do a thorough mathematical analysis of the 2004 election results. 

The full text of the USCountVotes statement is available at www.uscountvotes.org/ucvAnalysis/US/USCountVotes_Re_Mitofsky-Edison.pdf 

The full text of the Edison/Mitofsky report is available at www.exit-poll.net/election-night/EvaluationJan192005.pdf 

 

Judy Bertelsen is co-chair of the Voting Rights Task Force, Wellstone Democratic Renewal Club 


Newly Approved University Avenue Project For Sale By RICHARD BRENNEMAN

Tuesday February 01, 2005

Less than two months after the Berkeley Zoning Adjustments Board approved a proposal for a five-story condominium apartment and retail building at 1122 University Ave., developer Alex Varum has put the property up for sale. 

Varum, a licensed real estate broker, steered the project through the city approval process, winning high praise from ZAB members who were delighted that he had committed to offering 20 percent of the units to buyers who make only 80 percent of the area’s median income. 

“I’m really excited,” ZAB Chair Andy Katz told Varum at the time. 

The project contains 65 housing units and two ground floor live/work units as well as two retail spaces and 74 underground parking units. 

Varum is asking $6.95 million for the site, which includes all the city approvals. 

Steve Wollmer, an activist with PlanBerkeley.org, a community group concerned with development along University Avenue, estimated that Varum had paid around $2 million for the land and architectural plans. 

“The real question is, is he going to find someone who’s willing to pay his price?” Wollmer mused. 

The Daily Planet was unable to reach Varum for comment. 

 

—Richard Brenneman


Letters to the Editor

Tuesday February 01, 2005

THE LOOKING GLASS 

Editors, Daily Planet: 

In a Jan. 28 letter from through the looking glass, Robert C. Cheasty of Albany thanks Berkeley City Councilmembers for “courageously” ignoring their constituents’ wishes by voting to remove two lanes from Marin Avenue. He styles this a “vote for safety over convenience” and decries lobbying by “opponents from the hills...fearful they would be slowed on Marin.” 

Mr. Cheasty is wrong here on nearly all counts. The evidence for any safety improvements from such street narrowings ranges from very slim to nonexistent. Marin Avenue is already safer than other streets with similar traffic volumes, according to collision statistics. And the strongest objections came from residents of adjacent flatlands neighborhoods, who rightly fear traffic diversion onto their local streets. 

If this misguided lane removal produces any net benefit, it will overwhelmingly go to a relatively small number of Marin Avenue residents, who primarily live in Albany. These folks knew they were buying homes on a busy street—but they’ve just offloaded much of the traffic problem onto their neighbors. 

I don’t appreciate Albany residents, like the energetic and prolific Mr. Cheasty or his advertised four vulnerable children, telling Berkeley decisionmakers how to arrange our city. Perhaps we should return the favor? 

There’s plenty I don’t like about Albany. I intend to start testing the “courage” of Mr. Cheasty’s own City Councilmembers by challenging them to reconfigure Albany according to my own tastes. 

Marcia Lau 

 

• 

DERBY STREET 

Editors, Daily Planet: 

Its a real shame that the Daily Planet doesn’t fact-check its articles. In his recent story on the Derby Street project, Mr. Allen-Taylor reports two untruths as fact: “some residents wanting Derby Street to remain open and the Farmers Market preserved, others pushing for the two properties to be combined and turned into a regulation baseball diamond for use by the high school team.” In truth, the School Board has been committed for almost five years to preserving the Farmer’s Market use of the site if Derby is closed; even the Ecology Center Board has said (in your paper!) the “Farmers’ Market might coexist with a baseball field on the site.” And closing Derby would create a larger multi-purpose field that would serve not just baseball but more than two dozen different sports, by the city’s calculation serving at least 200 more children than a smaller field that leaves Derby open. 

This kind of sloppy reporting is truly irresponsible in the context of a controversy like this, where it is likely to inflame passions and derail the important public debate over the real issues. If the Daily Planet wants to be taken seriously as a source of community information, you really need to be sure what you report as fact is true. 

Will Hirsch 

 

• 

THEATER OF THE ABSURD 

Editors, Daily Planet: 

At last, the curtain falls on the latest act in a sad drama. 

Every night for weeks we’ve seen carefully selected, professionally produced clips of pseudo-news stories with voice-over by non-inquisitive journalists subtly justifying the cost in lives and dollars that made it possible for the world’s mightiest military now occupying Iraq to force-feed democracy to its suspicious people. There’s never been an election campaign as absurd as the one Bush and his supporters have imposed on Iraq.  

Over a hundred political parties sprouted over night led by hundreds of rookie politicians who mostly dared not show their faces. Secret ballots had to be filed at secret polling places and those voters brave or foolhardy enough to run the gauntlet of violence stood a good chance of casting their first and last ballot. 

Pundits and panderers insist that the tremendous importance of the election lies not in the product but in the process. This means that no matter who gets elected the process is over and our troops can start allowing the Iraqis the same freedom we enjoy—the freedom to secure themselves and govern as best they can.  

Marvin Chachere  

San Pablo 

 

• 

PROPOSITION 71 

Editors, Daily Planet: 

I do hope you believe in equal opportunities because that commentary by Barglow, Low and Schiffenbauer (“Proposition 71’s Medical Research Will Be in the Public Interest,” Daily Planet, Jan. 28-31) on the altruism of the Prop. 71 directorate needs a response.  

Of, course the ICOC is filled with those in the research and experiment fields who all hope to get a cut of the taxpayers money. The head of Cal Berkeley and the head of the Stanford Medical School were both hired in the middle of last year precisely to guide development of stem cell research on their campuses. 

Robert Klein funded most of the support for that ballot measure and now he’s the head of the committee. What is the meaning of “Independent?” 

C. Giglio 

Walnut Creek 

 

• 

BRENNAN’S 

Editors, Daily Planet: 

Today I decided to go see Brennan’s Pub to discover what all the fuss was about. I’m here to tell you: This building is a piece of shit. Worthy of preservation? Historical landmark? Give me a break! Before arriving, I was hoping to find something worth looking at: some decorative elements, an interesting facade, perhaps a funky building that had grown by accretion, anything. What I saw was a nondescript, boxy, featureless and, frankly, unattractive structure with no redeeming qualities whatsoever. It occurred to me that the “Est. 1959” on the sign was about all there was to recommend this site for a reprieve from the bulldozer. 

If historical preservation in Berkeley has become so devalued that we’re now fighting over completely marginal buildings like Brennan’s, we’re in deep trouble. While neighbors raise a hue and cry to save this questionable site, there are dozens of other buildings with real historic preservation value that are in jeopardy. By crying wolf over Brennan’s, the danger of losing structures with merit—with the corresponding loss of historical and esthetic character—actually increases. 

What is up with Berkeley? Those who oppose the removal of structures like Brennan’s are often categorized as NIMBYs, but I don’t think that adequately describes it. If the mythical man from Mars were to land here and analyze the situation, he might conclude that it’s really a case of a mass neurosis, an advanced form of xenophobia, where some folks become upset when anything in their immediate surroundings changes. Doesn’t matter if the change is for better or worse—it’s protest time! 

On a more general note, let me ask a naive but pointed question: How did Berkeley come to have so many ugly buildings, anyway? As I explore the city, I’m continually astounded at the number of abominable structures, residences and businesses alike. Especially in a place like this, inhabited by lots of smart, well-traveled and well-informed people, many of whom care passionately about the environment, both local and global: how did this happen? (Of course, this blight is made all the more evident, by contrast, with the presence of hundreds of truly exquisite buildings.) 

Well, the question isn’t entirely naive: I’ll just pretend I’m less cynical than I really am and that I don’t have any well-founded suspicions. 

David Nebenzahl 

North Oakland 

 

• 

NOT WITH MY MONEY 

Editors, Daily Planet: 

I agree with what Ajit Indrajit wrote (Letters, Daily Planet, Jan. 28-31). I had a discussion with friends after Bush was re-elected. We were pondering as what should be done to stop the war and cope with four more years of Bush and his regime. Some suggested we keep sending e-mails, faxes, and letters to the Congress and senators. Some suggested to make movies and documentaries or write books to awaken the people. Some suggested to travel to the red states and talk to the folks there. Some suggested more demonstrations and holding signs. Armed revolution was even mentioned. Some suggested not to file taxes. I believe that this is the best and non-violent approach to stop the war. The US regime invaded Iraq with our tax money. More than 1,400 U.S. troops and thousands of Iraqi people are dead. All this with our tax money. Last week, Bush asked for $80 billion more to finance his war. A week before that, he spent $40 million for his inauguration. Who is paying for all this? Yes, we are paying for it— our tax money. I am not going to file taxes this year. Filing taxes is endorsing the Bush’s regime and the war. This is my motto now: not in my name; not with my money. 

Helena Bautin 

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Returning to a Life That Had Been Stolen By SUSAN PARKER Column

Tuesday February 01, 2005

Due to a snowstorm on the East Coast, I got back a day late from New York and missed my date with the Superior Court of Solano County. 

Shortly before Christmas I learned that I’d been charged with a VC22450 Stop Requirements violation in Vallejo. Someone with my ID had been driving a Jaguar and running stop signs. I called the Superior Court in Vallejo and tried to explain my predicament, but it wasn’t easy. 

First I had to tackle the telephone system, a task that proved daunting. I was cut off several times, left on hold, ignored and forgotten. When I was finally able to get a human being on the other end, I was told I would have to appear in person to prove to the judge and the ticketing officer that I was not the woman in the Jag. After subsequent calls, a clerk in the records department took pity on me and divulged the name, phone number and e-mail address of the officer who wrote the ticket. 

“Perhaps,” she said, “he’ll believe your story.” My story was that I had been robbed of my passport, drivers license, credit cards and jewelry several weeks earlier. The person who was driving the Jag had my identity. I wish she had my other problems as well, but for the moment I needed to concentrate on getting my bail of $157 dismissed.  

I left messages for Officer Joe Smith. I sent him my photograph and explained that I drive a Dodge Caravan with a wheelchair lift. I’ve never been in a Jaguar, let alone driven one. Maybe it was the time of year that kept Officer Walker from responding. Christmas came and went and I did not hear from him. I left for the East Coast, hoping my problems would go away, but they didn’t.  

Now I was back home and still in the same pickle, with the additional mess of missing my day in court. Again, I attempted to crack the Solano County telephone tree. After several false starts, I got through to someone who said I could reschedule. The next available date was May 31. Maybe by then my impersonator would be incarcerated and I would have my life back.  

This week I received a call from Inspector Jane Jones of the SFPD Fraud Department. A woman with my ID had picked up a john and asked him to cash a check for her. Because she didn’t have a bank account, she needed help. She was generous. She’d share the loot with him if only he’d deposit it into his ATM. Of course the check was bad and she was able to run off with the money, leaving the john in debt and in trouble with his bank. 

This is what she’d done to the man who was living with us and taking care of my husband. But in addition to the banking fiasco, he had entertained her in my house while I wasn’t at home. That’s how she got my license, passport and cell phone. That’s how she became me. 

In December I’d given the Oakland Police Department information I’d received from a credit card company: a name (V. Johnson), and an Oakland address, but the police officers advised me that they couldn’t be of help. They said Ms. Johnson most likely was not her real name, and the address was probably bogus, although an American Express card in my name had been sent to that very address and activated. I thought about dropping by the address on my own but decided against it.  

I told my tale of woe to Inspector Jones. I gave him Officer Smith’s phone number and e-mail address. I gave Officer Smith Inspector Jones’s number. I didn’t bother contacting the Oakland Police because they’d made it clear they were busy with other, more important matters. And I didn’t call Ms. Johnson because the only number I have for her is my cell phone, and that’s been canceled.  

 

Editor’s note: The names in this column have been changed for publication.


Iraq: Setting Limits For Staying After the Election By BOB BURNETT News Analysis

Special to the Planet
Tuesday February 01, 2005

The Iraqi elections provide the American people with an opportunity to consider whether they want to continue the obdurate path chartered by the Bush administration or, instead, go in another direction. To chose the path not taken, we will first have to learn to set limits. 

It’s been said that there are actually only two kinds of people in Berkeley: therapists and their clients. Given our cultural familiarity with therapy, we understand that one therapeutic challenge is learning how to set limits; for example, how to escape an abusive relationship. 

The citizens of the United States are stuck in a dysfunctional relationship with the Bush administration, one that shows many of the classic patterns of abuse: We have been lied to and our resources squandered, yet we keep coming back hoping for the “goodies.” For Americans to escape this abuse, we must set limits with Bush and company. 

The first step will be for the public to acknowledge that we placed our trust in an administration that has shown dreadful judgment by, first, invading Iraq without an exit plan, and then, refusing to answer essential questions about the duration, cost, and morality of the occupation. An objective reading of the Administration’s record reveals a pattern of egregious bungling; indeed, we assaulted Iraq to make sure that it was not a source of support for Al Qaeda and, instead, have turned it into a breeding ground for terrorists. 

The second step, one that proceeds from a new willingness to question the administration’s basic assumptions, will be to question a fundamental premise of the occupation: that Iraq is one country. The Bush administration has stuck to this idea and the related notion that Iraq is best governed by a national assembly—to be established through the Byzantine Jan. 30 electoral process. 

They have refused to acknowledge the reality that Iraq is not a real country with deep historical roots; it is an artificial entity, manufactured by the British after the fall of the Ottoman Empire, a patchwork quilt of tribes held together by a succession of dictatorships. New York Times columnist Thomas Friedman noted that Iraq is based upon “tribes with flags,” and therefore, has little of the Western sense of country, “based on voluntary social contracts between the citizens inside [its] borders.” Nonetheless, the Bush administration has insisted on treating Iraq as it were a stable national entity and the U.S. was reenacting the occupation of Germany, after the end of World War II. Americans would do well to remember that, after the fall of the Soviet Union, we realized that Czechoslovakia was actually the Czech Republic and Slovakia. 

The reality is that Iraq is three different countries: A primarily Kurdish state in the north, inhabited by non-Arabic-speaking Sunni Muslims (roughly 20 percent of Iraq’s population); a mostly Sunni state in the center, inhabited by Arabic-speaking Muslims (another 20 percent); and a large Shiite state in the South (the remaining 60 percent). These groups have widely differing attitudes about the U.S. and their future; the insurgency is strongest in the central region and weakest in the Kurdish north. 

The third step will be to recognize that we are dealing with three different states and, therefore, Iraq should not be considered a republic, but, instead, a federation where each regional group has their own government, and there is a minimal central administration to deal with problems such as the equitable distribution of petroleum resources and the relocation of displaced groups. (This solution was first proposed by Les Gelb, president emeritus of the Council on Foreign Relations, in a New York Times op-ed piece on Nov. 25, 2003.) 

Changing our conception of Iraq is essential if we are ever to develop a workable occupation plan. For example, the Kurds welcome the American forces and would cooperate in sealing their borders, training a functional Kurdish security force, and holding free elections. The US could establish a valid timetable for ending the occupation in the Kurdish state, and withdrawing most of our troops. 

It is widely believed that a comparable plan would work in the Shiite southern region, particularly if America enlisted the cooperation of Iran.  

It is only in the central region, the deadly “Sunni triangle,” that the immediate prospects for stability are dim. We should respond with bold action: withdraw our troops from the central region and ask an independent entity, such as Syria, to help facilitate the move to self-government. While the Sunnis get their act together, we should direct the bulk of reconstruction dollars to the Kurds and Shiites (and let indigenous contractors do most of the work). We should seal off the Sunni area until order returns. 

The occupation has gone so badly, and America is in so deep, that there remains no painless solution to the problem of how we get out. But successful business practice teaches that there is a singular difference between a satisfactory and an optimal solution. Partitioning the country into three states, and then withdrawing from Sunni region, is a satisfactory solution—one that can only be achieved when Americans learn to set limits. 

 

 

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Police Blotter By RICHARD BRENNEMAN

Tuesday February 01, 2005

Fast Bandit Grabs Cash  

Four men entered a gas station at the southwest corner of Shattuck and Ashby Avenues around 3:45 a.m. Wednesday, grabbed the contents of register and fled in an older model gray Japanese import, said Berkeley Police spokesperson Officer Joe Okies. 

 

Armed Trio Robs Pedestrian 

Three men in their late teens to early 20s, at least one of them armed with a pistol, confronted a 24-year-old man near the corner of Sacramento and Cedar streets just after midnight Friday and relieved him of his cash. 

 

Second Trio Uses Knife 

A band of three juveniles, one armed with a knife, robbed a 63-year-old Berkeley man and his companion just before 9 p.m. Thursday, making off with the man’s cash and his companion’s purse. 

 

Cell Phone Robbed 

A heavy-set robber used his fists to persuade a 19-year-old Berkeley man to surrender his cell phone in the 2700 block of Channing Way just before 2 a.m. Friday. 

 

Another Trio Uses Feet, Fists 

Kaiser Oakland called Berkeley Police Saturday morning to report that a patient had been robbed. Investigating officers discovered that a gang of three had approached the 44-year-old man in the 3100 block of California Street, then struck and kicked him until he surrendered his cash. 

 

Robber Employs Screwdriver 

A man called police just before 11 a.m. Friday to report that a robber had confronted him with a screwdriver in the 2700 block of San Pablo Ave. and demanded he surrender his wallet and cash. The victim complied and the perp fled. 

 

Supertech Robbed 

A gunman walked into Supertech Communications at 82 Shattuck Square at 4:30 p.m. Friday and made off with the cash from the register. 

 

Verizon Deregistered 

The gunman who walked into the Verizon Wireless store at 1100 University Ave. less than an hour later wasn’t satisfied with just the cash. He also departed with the register. 

 

Ex-Boyfriend Busted 

Police arrested a 40-year-old man Saturday afternoon after he allegedly entered his former girlfriend’s 63rd Street residence, made violent threats and trashed her belongings. He faces three criminal charges, said Officer Okies. 

 

Gunman Grabs Purse 

A gunman confronted a 32-year-old Berkeley woman in the 2600 block of Regent Street around 11:30 p.m. Saturday and successfully demanded her purse. 

 

Confronts Cops with Chain 

When a resident of the Haste Street and Shattuck Avenue neighborhood spotted a stranger messing with his motor scooter Sunday afternoon, he confronted the man—who promptly produced a chain and threatened him. 

Police arrived moments later and searched for the suspect. The officers ran him down and presented him with a chain of their own, the one linking the two locked bracelets they fastened to his wrists before they escorted him to a new accommodation which featured even-sturdier steel bars. 

 

Takes Cell, Cash 

A gunman confronted a man near the intersection of Claremont Avenue and Hillcrest Road shortly after 9 p.m. Sunday and made off with his cash and cell phone.›


Two-Level Brower/Oxford Parking Garage Is Being Studied By Applicant By JOHN CLAWSON Commentary

Tuesday February 01, 2005

We are enormously gratified by the City Design Review Committee’s praise for the David Brower Center and Oxford Plaza (“Design Committee Praises Plan for Brower Center,” Daily Planet, Jan. 25-27). We are similarly pleased with the Downtown Berkeley Association (DBA) Design Committee’s positive response to the building’s design a few days earlier. This early support from city officials, downtown leaders, environmental and housing activists is very encouraging as we proceed to honor the memory and contribution of David Brower, one of the world’s greatest environmental activists, with a model of environmentally responsible design. 

When the city originally issued requests for a mixed-use development proposal that would include housing, commercial space, and replace the city-owned parking lot with a revenue generating garage, many wondered if all of those uses could be feasibly accommodated. 

We are proud that not only will the city host a home for the environmental movement, but it will also gain nearly 100 units of badly needed affordable workforce housing and introduce new retail businesses to downtown. 

The David Brower Center/Oxford Plaza recognizes that parking and traffic circulation issues pose a serious challenge in the downtown. As currently proposed, the project includes one level of underground parking to replace the existing surface lot, which will be owned and operated by the City of Berkeley. Despite competing pressures on the project from those advocating for maximum amounts of parking and those who would prefer none at all, we have agreed to study the feasibility of a two level underground garage as requested by the city and DBA. 

In keeping with our environmental values, the David Brower Center/Oxford Plaza will implement aggressive transportation demand management programs, involving incentives for public transit use, carpooling, walking and bike riding in order to reduce local auto trips and traffic congestion, improve air quality, and reduce parking demand. The project will provide secure bicycle parking, showers and lockers to make riding to work more attractive. 

The Brower Center is yet another “Berkeley first”—firmly establishing the city as the center for global environmental leadership. 

 

John Clawson is Equity Community Builders’ project manager for the David Brower Center and Oxford Plaza. 


School Board Promotes Unwanted Project By PETER SCHORER Commentary

Tuesday February 01, 2005

Residents of the East Campus neighborhood in South Berkeley were recently given an opportunity to experience yet again the city’s (in this case, the School Board’s) devious tactic for pushing through a project that residents in a neighborhood don’t want. In this case it is a hardball field with overhead lights and loudspeakers that the neighborhood has been fighting for years. The first step of the tactic took place at the “East Campus Design Charrette” held at the Alternative High School Multi-Purpose Room, MLK Jr. Way and Derby, on Monday, Jan. 24. 

The tactic—which all Berkeley citizens would do well to learn to recognize, since it will almost certainly be used when the city decides to invade their neighborhood—is well-known to residents of the East Campus area. It works like this: (1) The city agency (in this case, the School Board) decides what it wants to do (e.g., install a hardball field). (2) The agency then hires a consulting firm to “make a plan,” and instructs the firm to hold several meetings gathering “input” from the affected neighborhood. These meetings involve lots of visual displays, oversize maps, handouts, and the breaking up of attendees into smaller groups so that they can arrive at “recommendations” to be then carefully considered by the consultant company. There is a great display of recording attendees’ wishes, of inviting attendees to “participate” in the planning process. (3) The city does exactly what it intended to do originally. 

Few residents of the East Campus area have had any objection to the removal of the decaying temporary school buildings in the East Campus and their replacement by soccer and softball fields, children’s playgrounds, and tasteful landscaping. But residents have a major and overriding objection to the School Board’s plan to close Derby Street and install a full-size regulation hardball field with overhead lights and loudspeakers that would be available for use by Berkeley High School teams and, far worse, would be rented out to various sports groups throughout the year. In fact, some proponents on the School Board have been very clear about what they have in mind, namely, making the field available “seven days a week, 8 a.m. to 11 p.m., 365 days a year.” The main justification is that the School Board needs the income from the rental of the field.  

The damage to the neighborhood is obvious to residents, and to other Berkeley citizens who have heard about the plan: noise day and night that will destroy the peace and quiet the neighborhood now enjoys, increased vandalism and traffic, plus the loss of the Farmer’s Market.  

At a previous planning meeting, I pointed out to a member of the School Board that there was a much better way to increase the board’s income. The total cost of the hardball field installation is estimated to be $2-3 million. (This in a time when the city is facing major budget deficits.) Assume $2.5 million. If this money were invested in conservative tax-free municipal bonds paying, say, 5 percent, then each year the School Board would have an income of $125,000, plus they would get their principal back whenever they wanted! Knowledgeable persons I have talked to have said that $125,000 is far more than the board could hope to make by renting out the field. In addition, there would be no need for support staff to manage the field rentals, no need to pay ongoing maintenance costs, no need for additional police to control vandalism. I told the School Board member that it seemed to me that this proposal completely eliminated the School Board’s “we need the income” justification for the field. 

In reply, he shrugged, said he didn’t believe it was legal. He made not the slightest indication that he would investigate whether it was or not.  

Proponents of the field—including parents in the hills who see the field as a way to save 15 minutes’ driving time in getting their kids to baseball practice—and their cronies on the School Board and the City Council, have used every sort of devious and shameful argument against the neighbors.  

They have accused the neighbors of being NIMBYs, to which neighbors have offered a succinct and cogent reply: “Fine: then why don’t you put the field in your back yard?” The truth is, there are several perfectly good alternative locations, and the School Board and the City Council and mayor have known about them for years. But overcoming the resistance of the East Campus neighbors has become a self-esteem issue, a personal crusade, for some of the most vehement proponents of the field: “No one says no to us!” 

Proponents have called the neighbors “against youth,” when the fact is that the fenced and locked field would be used by only about 40 male high school students, plus the various adult teams (“beer-ballers”) the field would be rented to, whereas the unfenced softball and soccer fields that the neighbors are perfectly willing to accept, could be used by many more students, including girls. 

When neighbors have pointed out that the field would undoubtedly lower property values in the area, proponents have accused the neighbors of being “selfish” (translation: how could they think of their property values when 15 minutes’ driving time by the city’s elite parents was at stake?) 

Lying and betrayal has been the rule rather than the exception in this fight. The above-mentioned member of the School Board said early in our conversation that we neighbors had it all wrong: at most 10 games a year, by high school teams, would be played at night, and thus would require speakers and overhead lights. How could we refuse to accept such a small disturbance to the neighborhood’s peace and quiet, if it were for the good of the youth (all 40 of them) of the city? I had to remind him that the projected usage goal of seven days a week, 8 a.m. to 11 p.m., 365 days a year had been stated publicly, on more than one occasion, by a member of the board. 

Mayor Bates, during his campaign, said he would take no part in promoting the field if he were elected. As a result, our precinct gave him the highest percentage of votes he received from any precinct in Berkeley. Within months after he was elected, he had changed his mind and was actively arm-twisting councilmembers to get them to vote for the closing of Derby Street. 

Over the years, meetings on the East Campus Plan have been held with no notice to residents of the area. “Someone forgot to send them out,” we were told  

more than once. 

Many of us consider the fight over the hardball field to be one of the most shameful episodes in Berkeley’s history, and a lesson (if anyone needed it) that even in the most liberal city in the country, what counts in the last analysis is not “the people” but the wishes of the wealthy and influential.  

While I was distributing flyers announcing the above-mentioned meeting (“charette”), several neighbors told me what lengths they were prepared to go to in  

order to stop the field. “We’ll make it an ongoing policy to disrupt the games,” one said. I pointed out to him that that was probably against the law. He replied, “But it’s not against the law to disrupt the games and go to jail for it, and to have reporters on hand during the arrests, and for their papers to then run articles with titles like, ‘Elderly Neighbors Arrested for Trying to Defend Their Neighborhood.’” 

I then pointed out that interest in participating in such demonstrations would probably fade pretty quickly. Several neighbors disagreed, arguing that every day of the year they would have an incentive, namely, the racket of the games, and the traffic, and the vandalism. 

Others said they would contribute all the time and money they could spare to defeat, in the next election, any City Councilmember (not to mention the mayor), and any School Board member, who voted for the closing of Derby Street. 

Two said that they were going to start an ongoing nuisance campaign outside the homes of all those on the City Council and the School Board who supported  

the field, if it becomes reality.  

I have no idea if these are merely empty threats, or if they will be carried out, but I do know that they are a measure of East Campus area neighbors’ determination to protect their homes and neighborhood against an unconscionable invasion by the city. 

 

Peter Schorer 

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Closing Derby Street for Baseball is Still on the Table By DOROTHY BRYANT Commentary

Tuesday February 01, 2005

Since I was unable to attend the Jan. 24 community meeting on Derby Field use, I appreciate J. Douglas Allen-Taylor’s report on the decision to demolish the old East Campus temporaries, but not to consider closing Derby for the present. However, because crucial details of this issue were left out of his article, many readers will surely misunderstand what our neighborhood concerns are. 

Allen-Taylor writes, “Some neighbors are adamantly opposed to the baseball field, and others complain that as long as the empty buildings remain standing they serve as a haven for drug use, prostitution, and homeless people.” This could be misunderstood, confusing two separate issues. Those who oppose the closing of Derby for a fenced, locked, hardball field with night lights and electronic sound system, are not in favor of keeping those broken-down “temporaries.” We all want those buildings torn down, and the land used for an acceptable educational purpose. Some of my neighbors have said that they feel the BUSD has delayed tearing down the temporaries in an attempt to blackmail us by implying that in order to get the buildings torn down, we must accept a regulation hardball field that will bring more noise and traffic to our congested streets. I have never of heard any neighborhood opposition to multi-purpose use—soccer, softball, basketball—of the field. 

Our neighborhood is already impacted by facilities that serve, not the neighborhood, but the whole city (Alternative High School, Early Childhood Center) or the whole Bay Area (Berkeley Bowl, Iceland). Of the eight east/west streets between Ashby and Dwight, three are already blocked to through traffic between MLK and Shattuck. Closing Derby would not only create a fourth blockage, but would mean that the firehouse on Derby and Shattuck would have send its westbound emergency trucks down one of our residential streets (there is no residential housing on Derby between Shattuck and MLK). 

I’m not surprised that, as Allen-Taylor reports, the supporters of the Berkeley High Hardball field mobilized for this meeting. They want closure of Derby Street in order to meet size regulations for hardball. They want another city-wide facility—but not in their neighborhood—especially since plans for the use the of this fenced, locked field (with night lights and sound system) include generating income by renting the field to outside organizations when Berkeley High is not using it. In other words, this is a dubious semi-commercial use of school land that will be closed to use by anyone but the Berkeley High baseball team and renters from outside Berkeley. 

The article noted that few nearby residents attended the meeting. Maybe that was the result of a kind of battle fatigue. Last year, after much input by neighbors who listed all these reasons for NOT creating the field the Berkeley High School coach wants, the BUSD voted to tear down the temporaries and install an open, multi-purpose athletic field (no Derby closure) that had the full support of the neighborhood. Only two weeks later the School Board met again and voted that this decision was only temporary until they could get City Council approval to close Derby! In other words, we had all gone through the “process” only to see agreement reached, the decision announced—and then nullified. 

The only ray of hope in all this is Max Anderson’s proposal for a “land swap,” that would put the Berkeley High hardball field in a city park and designate part of the Derby field as a city park, keeping it open to multi-purpose use.  

I am glad we have a temporary reprieve from having a commercial hardball field forced on us. I look forward to the demolition of those temporary buildings, and I—like my neighbors—fervently hope that Mr. Anderson can somehow convince the BUSD and the City Council to consider the welfare of our neighborhood while using this school land as it was meant to be used—for the welfare of all the children of Berkeley. 

 

Dorothy Bryant is a local author and frequent contributor to the Daily Planet.›


Private Jailer Reaches Out To Gouge Convicts By DANNIE M. MARTIN Commentary

Pacific News Service
Tuesday February 01, 2005

MASON, Tenn.—Bank robbers are discovering how it feels to be robbed when they make a phone call from a prison run by the Corrections Corporation of America, a private company that today oversees a large share of the nation’s prisons and jails.  

Only collect calls can be made from their facility here, which currently has me in its clutches. A 15-minute phone call runs more than $8.  

“That might not sound like much, but my wife is on welfare,” says one inmate, who’s being tried on a gun charge. “She loves me, and her and my kids need to hear from me, but in another way she dreads my phone calls.”  

The Dallas, Texas-based Evercom Systems, Inc. holds the phone monopoly for over 2,000 city, county, state and private prisons and jails. We’re told that special companies are needed as intermediaries because phone calls must be recorded and some lines have to be blocked. At this joint, Evercom charges $3 for a connection and 35 cents a minute.  

Another inmate, who just arrived here from the Shelby County Jail in Memphis, hears us complaining about the price of our phone calls and says we should count our blessings:  

“Over at the jail on Poplar Street it costs 60 cents a minute,” he says. So a 15-minute call is $15. You guys are getting off cheap.”  

A lifer just in from the Tennessee State Prison says prices are a little better there, but not much:  

“The state of Tennessee uses Global Telelink. Their rates are a dollar forty-three for the hook-up and 18 cents a minute. I guess that’s a bargain compared to this place. I know Tennessee gets 42 percent as its cut. There’s no telling what CCA gets on theirs here.”  

Inmates here tell the same story time after time. The first several collect phone calls to a number go through without any problem. After that, Correctional Billing Services, a subsidiary of Evercom, has an automated service that repeatedly calls loved ones who have received those calls.  

When a friend I call answers Evercom’s robot calls she hears a recorded message that leads her through a lengthy phone tree. At the end of the tree, she’s told it’s “a courtesy call,” but since she gets three or four of these calls a day, they’re hardly courtesies to her. She’s told that 75 percent of her phone credit has been used up, and unless payment confirmation is made, the line will be restricted.  

When she calls the number she was given to straighten out the bill, it turns out that Evercom’s operators are based in Canada. I wonder why? Are they sidestepping some American credit laws, or is this just another example of outsourcing greed? She’s told by the Canadian operator that Correctional Billing Services should be paid through her local phone company, SBC, which is what she routinely does anyhow. My collect-call charges from prison are part of her regular SBC bill.  

But because the turnaround time for Evercom to get its money from SBC is one to two months, and because that money comes to Evercom in a lump sum without individual accounts being specified, she needs to verify payment to Correctional Billing herself, divulging personal credit information, to avoid restrictions on her line.  

“I really feel like Correctional Billing is taking advantage,” she tells me with scarcely concealed anger. “I don’t like giving out my personal information over the telephone. I’ve paid my bill, and now it’s between SBC and Correctional Billing Services. It really bothers me that Evercom can block my line at their whim, even though my bill is paid and has never been in arrears. You’re stuck in what sounds like a horrible place, and I want to hear on a regular basis that everything is OK. There’s no reason I should be hounded by this corporation in order to do that.”  

Whether it’s the “for profit” motivation in corrections or the “throw away the key” mentality, cons are being gouged in every possible way. And it’s especially hurtful because most convicts and their families are among the poorest people in America.  

The bad news for jail and prison inmates and their families is that because of the exorbitant cost, fewer collect calls are being made and there is less contact with support systems. The good news is that stamps cost only 37 cents. Those of us who didn’t make any money on our crimes are dropping the phone and grabbing a pen.  

 

Dannie M. Martin, after four years of freedom, was recently returned to federal custody for a parole violation. He is the co-author of Committing Journalism: The Prison Writings of Red Hog and the author of two published novels. He wrote this article from a private prison in Mason, Tenn.; he is currently in federal prison in Manchester, Ky. ›


Independent Study Program Addresses Individual Needs By ANNIE KASSSOF

Special to the Planet
Tuesday February 01, 2005

Berkeley Independent Study student Amber Manuel, the youngest of four children, will be the first to complete high school when she graduates this June. 

Behind the desk in the reception area, Amber recently shared her story—while answering phone calls, assisting students and staff, and keeping an eye on an unlocked bike parked in the courtyard. All the while, the soft-spoken 17-year-old senior bounced her bright-eyed, three-month-old baby girl, Aamari, on her lap. 

Amber, who helps out in the Independent Study office twice a week in hope of gaining job skills, also meets with teachers then, and gets her weekly assignments, which she completes at her mother’s home in Richmond. Her stepmom usually cares for Aamari, but was unable to on this day. 

No one seems to mind when Amber brings Aamari. On the contrary, the level of personal attention Amber gets from Independent Study staff contrasts sharply with the lack of support from her former BHS teachers, she said. Even before she had her baby some of the teachers would forget her name. 

The Independent Study Program operates under the umbrella of BHS and is located on Derby Street. 

Starting at BHS as a freshman, Amber said, “I was too young to handle all the freedom—it got bad,” describing how the high school is so large that its administration can’t account for students who leave campus during the day. Amber began drinking and partying with friends, barely attending classes.  

A nine-month stint at a girls’ boarding school in Mississippi helped her straighten herself out and “fall in love” with journalism and broadcasting, but then the financial aid ended. She returned to the Bay Area only to find herself pregnant while still in her junior year. 

A friend told her about the Independent Study Program, and after meeting with a BHS counselor, Amber was accepted. Being in Independent Study allowed her the flexibility to spend time with her newborn as well as to hold a job at Target to help offset her family’s expenses. However, after a month she realized that juggling a new baby and completing her schoolwork, as well as working at Target was too much. (Now she braids hair several times a week for extra money.)  

“Some things happen for a reason,” said Amber, explaining how giving birth after her accidental pregnancy has fostered her resolve to succeed. But she also spoke of the challenges of being a teen parent and doesn’t recommend it for others. (She said abortion wasn’t an option for her for religious reasons.) 

“I probably wouldn’t be graduating if I’d stayed at the high school,” Amber said. She who plans to attend Contra Costa College before transferring, she hopes, to a four-year college in Florida. Aamari’s father will join them there after he finishes military school. 

Julian Harned, a 15-year-old sophomore, was accepted into the Berkeley Independent Study Program in November, just under the wire. The program currently has a waiting list. 

“It’s liberating because teachers take me more seriously now,” Julian said. His self-confidence and engagement in schoolwork have improved tremendously since he became an Independent Study student, according to this writer, who is also his mother. 

Julian (whose parents live separately) had experienced a taxing summer break that included dealing with his father’s major surgery, an abrupt eviction and going on an undesired vacation with his mother and sister. He had been looking forward to the structure and social opportunities at BHS with renewed anticipation. 

But something happened in late September. Bogged down with an heavy course load and constantly tired, Julian’s grades began to plummet. Bright enough to have earned a nearly perfect score in the Language Arts component of the Star test, his motivation waned until he’d all but abandoned homework. He continued to read avidly about everything from fencing to psychic phenomena, and he worked hard enough in his BHS drama class to earn a major role in the fall play. However, in other classes he complained about the lackadaisical attitudes of certain students, or conversely, felt overwhelmed by the high expectations of teachers who assigned burdensome amounts of seemingly pointless outside work. In most classes his own strengths appeared to go unrecognized by teachers (all with 30-plus students in their classes).  

Concerned, Julian’s parents sought information about the Independent Study program. Sara McMickle, the director, explained the premise of the program, in which weekly teacher meetings are the springboard for working independently to achieve educational success. 

Students in the program are permitted to keep up to two classes at BHS so Julian kept his drama class. He was guided in scheduling Independent Study classes with assignments he had a hand in creating which fulfilled all the requirements for the quarter, and also allowed needed time to focus on the rigorous play preparations. 

His weekly assignments are completed at home, in libraries, or at cafes, and his involvement in his drama class at BHS keeps him socially connected. 

Eighteen year old Joe Herbert, an affable senior, simply wants to learn–as much as he can all at once. 

Joe’s involvement in Independent Study began as a freshman with his enrollment in Spanish. After he had signed up for all the classes he wished to take at the high school, there wasn’t room in his schedule for Spanish. (At the time, 2001/2002, Independent Study students weren’t limited to just two classes at BHS as they are now.) 

As a sophomore and junior, Joe continued to take more classes through Independent Study, and eventually, through persistence, was able to enroll in courses at UC Berkeley as well. Currently he’s taking Spanish and math while still managing to find time to pursue his passions for playing African drums, practicing Capoiera, and dancing samba. 

“The flexibility there [in Independent Study] is something that’s really great,” says Joe, describing how a flu virus in the fall kept him in bed for a week. It was difficult to catch up on his work, he said, except for his Independent Study assignments whose teachers didn’t expect daily class attendance. 

Like Julian and Amber, he appreciates the personal attention he gets from teachers and administrators in Independent Study, which is small enough that students needn’t worry about overworked counselors forgetting to mail transcripts to colleges–as sometimes happens at BHS. 

“Independent Study is too small to be a bureaucracy,” says Joe. 

In late December he learned that he had been accepted at the University of Chicago and was waiting to hear from others. Considering his record, the brown-haired Berkeley resident (whose father, Rick Herbert, is an English teacher in Independent Study) may soon have a tough decision to make. And although he could graduate early, he’s opted to wait until June. Uncertain what his college major will be, but with a desire to “explore the world,” he clearly loves learning for learning’s sake. 

After several decades this writer still remembers painfully an adolescence spent at a large public high school—the pressure to conform and follow rules. Subsequent acceptance at an alternative college (whose philosophy of self-directed learning mirrors that of the Independent Study program) led to vastly increased confidence and sense of purpose.  

For the three profiled here, being in Independent Study has helped instill in them the focus and self assurance for which we all strive. 

 

This is the second in a series about the Berkeley Independent Study Program. Freelance writer and Berkeley resident Annie Kassof also works as a graphic artist, substitute preschool teacher, and she is a foster parent. Julian Harned is her son. 

 

 

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Puccini’s Small Acts Shine at Berkeley Opera By MICHAEL ZWIEBACH

Special to the Planet
Tuesday February 01, 2005

It figured that when the fearless Berkeley Opera turned to Puccini, they weren’t going to do one of the big three fan favorites. Its choice was Il Trittico (The Trilogy, 1918), a triple bill of one-acters, the less favored members, Il Tabarro (The Cloak), and Suor Angelica together with the more popular, comic, Gianni Schicchi. Saturday’s audience at the Julia Morgan Theater was rewarded with uniformly strong singing, and exceptionally high musical values for a local opera company. 

Once again, artistic director and Berkeley Opera workhorse Jonathan Khuner deserves credit for the project’s success. He also did a triple, an operatic hat trick, functioning as stage director, musical director and conductor (not to mention rehearsal accompanist.) If he avoided an innovative staging approach to these operas, it is because so much of their power resides in small, everyday details, especially in the first two works. As Puccini himself wrote, he was inspired by “great sorrow in little souls.”  

Il Tabarro is Puccini’s real verismo opera, a detached view of life among the lower classes. Set on a river barge docked in the Seine at Paris, it features a love triangle—Michele, the barge owner, his vaguely dissatisfied wife Giorgetta, and her lover, Luigi, a longshoreman. It all ends in murder—surprise! The stagey finale may be a bit over-the-top for modern audiences, its horror that of the comic book variety. But the dominant feeling the opera provokes is the sense of weariness and melancholy of life on the river. Puccini’s score is terse and gripping, often harmonically adventurous, and there is little of that enveloping lyricism the composer is famous for. Only Giorgetta’s hymn to the Parisian suburb where she was born sounds like the Puccini of, say, La Boheme. 

Puccini brought the Seine into play as a character in this opera, and the “river music” runs through the whole first half. The production complemented this effect beautifully with Jeremy Knight’s projections and Robert Anderson’s lighting design, which created a slow sunset and moonrise over the river, with Notre Dame Cathedral in the background and even a few automobile headlights moving across a bridge. In an arty effect, the murder is lit by moonlight reflecting off of the water. 

John Minagro, physically thin and almost spectral, played Michele with tight-lipped evenness early on, his emotions held in check. When the character opened up, and the anguish and rage came pouring out, Minagro made the change seem natural and released the full, stentorian power of his bass-baritone; the effect, as he worked into a despairing, murderous rage, was a little terrifying. 

As Giorgetta, Duana Demus gave a full-blooded vocal performance with resonant low notes, and a steady, open-toned top register. She had a fine understanding of phrasing and varied her vocal delivery with the dramatic situation. Benjamin Bonger, as Luigi, was a little less flexible, but he showed a clear, well-placed tenor, singing the part without much effort. Among the uniformly well-cast supporting players, Patrice Houston rates special mention for her brightly comic portrayal of Frugola, the wife of one of the longshoremen. Only a singer with an excellent ear for pitch can make it through the chromatics of Frugola’s aria; Houston sang it well, while staying in character. 

Suor Angelica’s sentimental story fits more with the familiar Puccini. Set in a 17th century convent, the plot concerns Sister Angelica, who has been cut off from her wealthy family as a result of having borne an illegitimate child. Receiving a visit from her aunt, a Princess, she learns that the child is dead; grieving, she drinks poison, but is saved from damnation by the intercession of the Virgin Mary who appears to the dying woman in a vision. 

Whatever you think about the opera and the slightly bogus religiosity of the ending (which was done literally, through projections), be prepared to change your mind. Jillian Khuner’s electrifying portrayal of the title character was totally real and believable. Every word, every gesture carried conviction; the scream she emitted when Angelica learns of the death of her child was harrowing, her subsequent transfiguration beautifully detailed. And her singing, as always, was incandescent.  

As the stone-hearted Princess, Heather McFadden exploited a solid lower register and her imposing height to bring authority to the character. Playing off Jillian Khuner’s intensity, she rose to the challenge in her set piece and their whole dialogue struck home. 

Like the previous opera, Angelica’s first part is a series of scene-setting vignettes, which director Khuner didn’t sufficiently distinguish or separate so that, as often is the case, they passed in a blur for the audience. Fabienne Wood sang Suor Genovieffa’s wistful aria “Soave signor mio” so sweetly and with such pure tone, that it stood out.  

The evening’s finale, the farce Gianni Schicchi, offers “Oh mio babbuino caro” (a.k.a. “the Room With a View song”) as an enticement to come back after the second intermission. It was touchingly sung here by Ayelet Cohen, with thrilling natural vibrato. In the story, the wealthy Donati clan snubs Gianni Schicchi, an entrepreneur, forbidding the young Rinuccio to marry Gianni’s daughter, Lauretta. They soon discover, however, that they need Gianni’s cunning, when the patriarch of the clan dies, leaving all his money to a monastery. Gianni takes full advantage of this turn of events, allowing the lovers to marry.  

The part of Schicchi is a comic gold mine, and Jo Vincent Parks was an energetic and entertaining presence. Sometimes he sat on his own laughs by trying too hard, but he showed a gift for physical comedy. His diction was excellent, his vocal sound commanding but unforced. Of the other characters, Brian Thorsett, as Rinuccio, displayed a clear, penetrating lyric tenor, Katherine Daniel, playing cousin Zita, and William Pickersgill, as cousin Simone, were hilarious, and both sang well. Nicolas Aliaga was delightfully goofy as the doctor and the notary, and Wayne Wong obviously enjoyed himself as Betto, the drunken brother-in-law. 

The orchestra, playing Bryan Higgins’ ingenious orchestral reduction, was in fine form, despite a couple of harmless flubs. It wanted a few more violins for some of the climactic moments, but the ones that were there played their hearts out. Jonathan Khuner’s reading of the score was alive to dramatic nuances and was musically satisfying. 

 

The Planet is pleased to be able to print this review courtesy of San Francisco Classical Voice, a non-profit organization which offers a full menu of reviews and criticism of Bay Area classical music performances on their website, sfcv.org.  

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Arts Calendar

Tuesday February 01, 2005

TUESDAY, FEB. 1 

EXHIBITIONS 

“Lithography of Toko Shinoda” opens at the Schurman Gallery, 1659 San Pablo Ave., and runs through Mar. 31. 524-0623. www.schurmanfineartgallery.com 

FILM 

Japanese Experimental Film and Video at 7:30 p.m. at Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

“Theater Crossing Borders” with playwright and director Sabina Berman at 4 p.m. in Geballe Room, 220 Stephens Hall, UC Campus. 642-2088. www.clas.berkeley.edu 

Martin Jay discusses “Songs of Experience: Modern American and European Variations on a Universal Theme” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

MUSIC AND DANCE 

Eric Shifrin, solo piano, at 8 p.m. at Downtown. 649-3810. 

McCoy Tyner wiith Terence Blanchard, Ravi Coltrane, Charnett Moffett, Eric Holland at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sun. Cost is $22-$30. 238-9200. www.yoshis.com 

Peelander-Z, The Bust, punk, at 9:30 p.m. at Blakes on Telegraph. Cost is $5. 848-0886. www.blakesontelegraph.com 

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

WEDNESDAY, FEB. 2 

THEATER 

Berkeley Repertory Theater, “Fetes de la Nuit” at the Roda Theater, 2015 Addison St. Runs through Feb. 27. Tickets are $43-$55. 647-2949. www.berkeleyrep.org 

EXHIBITIONS 

“Surprise Me, Show Me Something Good” Local artists respond to the challenge to make themselves vulnerable. Reception at 5:30 p.m. at North and South Galleries, 5241 College Ave., Oakland. 658-1223. 

FILM 

Cine Contemporaneo: “Mundo Grúa” by Pablo Trapero, at 7 p.m. in the CLAS Conference Room, 2334 Bowditch St. In Spanish with English subtitles. 642-2088. www.clas.berkeley.edu 

Film 50: History of Cinema “The Cabinet of Dr. Caligari” at 3 p.m. and “Games” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Berkeley High Beats Poetry Slam at 7 p.m. in Room G-210, Berkeley High School. Sign up at 6:30 p.m. Donation $1. rayers@berkeley.k12.ca.us 

Adam Hochshild introduces “Bury the Chains: Prophets, Slaves and Rebels in the First Human Rights Crusade” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.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 

MUSIC AND DANCE 

Berkeley Opera “Il Trittico” at 7:30 p.m. at Julia Morgan Theater. Tickets are $15-$40. 925-798-1300. www.berkeleyopera.org 

Wednesday Noon Concert, with the Young Musicians Program at Hertz Hall, UC Campus. Free. 642-4864.  

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

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

Project Pimento, Famous Celebrities, Dreamend, 2Me, indie rock, acoustic, at 9 p.m. at Blakes on Telegraph. Cost is $5. 848-0886. www.blakesontelegraph.com 

Tom Griesgraber/Jerry Marotta Duo, prog-rock,at 8 p.m. at Jupiter. 848-8277. 

THURSDAY, FEB. 3 

EXHIBITIONS 

Addison Street Windows Gallery Anti-Bullying Art and Essays by Berkeley Middle School students. Reception from 4 to 6 p.m. in the lobby of the Berkeley Repertory Roda Theater. 981-7546. 

FILM 

African Film Festival: “Story of a Beautiful Country” at 5:30 p.m. and “Kounandi” at 7:30 p.m. at the Pacific Film Archive. Free First Thurs. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Lunch Poems Reading Series with Barbara Guest at 12:10 p.m. at the Morrison Library in Doe Library, UC Campus. 642-0137. http://lunchpoems.berkeley.edu 

Maya Khosla reads from her poetry at 7 p.m. at the Albany Library, 1247 Marin Ave. 526-3720. 

Jennifer Baumgardner and Amy Richards introduce “Grassroots: A Field Guide to Feminist Action” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Kristin Ohlson reads from “Stalking the Divine” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Word Beat Reading Series at 7 p.m. with featured readers Chris Angell and Rita Bregman at Mediterraneum Caffe, 2475 Telegraph Ave. 526-5985.  

MUSIC AND DANCE 

New Century Chamber Orchestra performs Cowell’s “Variations on Thirds” at 8 p.m. at St. John’s Presbyterian Church, 2727 College Ave. Tickets are $18-$39. 415-357-1111.  

Ladysmith Black Mambazo and Vusi Mahlasela, a cappella group from South Africa, at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $24-$46 available from 642-9988. www.calperfs.berkeley.edu 

Ralph Stanley & The Clinch Mountain Boys, bluegrass, at 8 p.m. at Freight and Salvage. Cost is $29.50-$30.50. 548-1761. www.freightandsalvage.org 

Barefoot Nellies, all-women classic bluegrass, at 8:30 p.m. at Epic Arts, 1923 Ashby Ave. Cost is $5-$10.  

Research and Development, Japonize Elephants at 9:30 p.m. at The Starry Plough. Cost is $5. 841-2082. www.starryplough.com 

The Jennifer Clevinger Duo at 8 p.m. at Downtown. 649-3810. 

FRIDAY, FEB. 4 

EXHIBITIONS 

New Works by Julia Alpers, Mark Fox, Blane Fontana and Anthony Pearce. Reception for the artists at 7 p.m. at Art Beat Salon & Gallery, 1887 Solano Ave. 527-3100. 

FILM 

African Film Festival: “Soldiers of the Rock” at 7 p.m. and “Daresalam” at 9:05 p.m at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

THEATER 

Actors Ensemble of Berkeley, “Seduced” by Sam Shepard opens at 8 p.m. at the Live Oak Theater, 1301 Shattuck at Berryman, and runs Fri. and Sat. through Feb. 19. 649-5999. www.aeofberkeley.org 

Aurora Theatre, “Dublin Carol” by Conor McPherson Wed.-Sat. at 8 p.m., Sun at 2 and 7 p.m. through March 6 at 2081 Addison St. Tickets are $28-$45. 843-4822. www.auroratheatre.org 

Berkeley Repertory Theater, “Fetes de la Nuit” at the Roda Theater, 2015 Addison St. Runs through Feb. 27. Tickets are $43-$55. 647-2949. www.berkeleyrep.org 

Ragged Wing Ensemble “The Serpent” theater with movement, masks and puppetry, Fri. and Sat. at 8 p.m., through Feb. 19, at the Eighth Street Studios, 2525 8th St. Tickets are $10-$20 sliding scale. 527-8119. www.raggedwing.org 

"Bridge & Tunnel" workshop performances by Sarah Jones at 8 p.m. Thurs.-Sat., 7 p.m. Sun. through Feb. 20 at Berkeley Repertory Theater’s Thrust Stage, 2025 Addison St. Tickets are $30-$40. 647-2949. www.berkeleyrep.org 

Contra Costa Civic Theater, “The Mousetrap” Agatha Christie’s classic mystery Fri. and Sat. at 8 p.m. through Feb. 19 at 951 Pomona Ave., El Cerrito. Tickets are $10-$15. 524-9132. www.ccct.org 

READINGS AND LECTURES 

Rosemary Gong explains “Good Luck Life: The Essential Guide to Chinese American Celebrations and Culture” at 7 p.m. at Cody’s Books on Fourth St. 559-9500. www.codysbooks.com 

MUSIC AND DANCE 

Kodo, synthesis of music and martial arts at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $24-$46. 642-9988. www.calperfs.berkeley.edu 

Bill Frisell’s 858 Quartet, contemporary jazz guitarist, at 8 p.m. at First Congregational Church, 2345 Channing Way. Tickets are $20-$25. 762-2277. www.tickets.com 

Rhythm Village, West African music and dance, at 8 p.m. at La Peña Cultural Center. Cost is $12-$14. 849-2568. www.lapena.org 

Houston Jones at 8 p.m. at Caffe Trieste, 2500 San Pablo Ave., at Dwight. 548-5198.  

The Art of the Trio with the David K. Matthews Trio at 8 p.m. at the Jazzschool. Cost is $12-$18. 845-5373. www.jazz 

school.com 

Ralph Stanley & The Clinch Mountain Boys, bluegrass, at 8 p.m. at Freight and Salvage. Cost is $29.50-$30.50. 548-1761. www.freightandsalvage.org 

Denise Perrier Quartet at 9 p.m. at Downtown. 649-3810.  

The Ravines, singer-songwriters, at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Moore Brothers, Alela, Mariee at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryplough.com 

Midnight Laser Beam, Casiotone for the Painfuly Alone at 8 p.m. at 924 Gilman St. Cost is $6. 525-9926. 

Subliminal Twinkies, The Loyalists, Sizemix, electro-funk-indie-hiphop, at 9:30 p.m. at Blakes on Telegraph. Cost is $7. 848-0886. www.blakesontelegraph.com 

Jami Sieber at 8 p.m. at Belladonna, 2436 Sacramento.  

Anton Barbeau at 8:30 p.m. at Epic Arts, 1923 Ashby Ave. Cost is $5-$10.  

Flowtilla, groove jazz-funk, at 8 p.m. at Jupiter. 848-8277. 

McCoy Tyner with Terence Blanchard, Ravi Coltrane, Charnett Moffett, Eric Holland at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sun. Cost is $22-$30. 238-9200. www.yoshis.com 

SATURDAY, FEB. 5 

CHILDREN 

Los Amiguitos de La Peña with Gary Lapow at 10:30 a.m. at La Peña. Cost is $5. 849-2568. www.lapena.org 

Danna Troncatty Leahy, author of “Cioa Bamino” at 2 p.m. at Lucciola Children’s Bookstore, 3980 Piedmont Ave., Oakland. 652-6655. 

EXHIBITIONS 

“The Art of Living Black” Ninth Annual Bay Area Black Artists Exhibition Artists’ Talk at 2 p.m. at the Richmond Art Center, 2540 Barrett Ave., Richmond. 620-6772. www.therichmondartcenter.org 

FILM 

African Film Festival: “Agogo Eewo” at 5 p.m., “Campus Queen” at 7 p.m. and “Madamce Brouette” at 9 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Dr. Cornel West reads from his new book “Democracy Matters: Winning the Fight Against Imperialism” at 1 p.m. at Calvin Simmons Theater, 10 Tenth St., Oakland. Free, donations welcomed. Sponsored by Laney College. 

Sandra Gilbert reads from her new volume of poems at 11 a.m. at Berkeley Public Library, 3rd flr Community Room. 981-6121. www.berkeleypubliclibrary.org 

Bay Area Poets Coalition holds an open reading from 3 to 5 p.m. For location or other information call 527-9905 or email poetalk@aol.com 

“Rumi’s Teachings on Global Peace and Harmony” with Dr. Majid Naini at 7:30 p.m. at the Islamic Cultural Center, 1433 Madison St., Oakland. Tickets are $10-$15. 832-7600. 

MUSIC AND DANCE 

Berkeley High School Concert Orchestra at 2 p.m. at the Berkeley Public Library, North Branch, 1170 The Alameda. 981-6250. www.berkeleypubliclibrary.org 

Trinity Chamber Concert with Sarah Holzman, flute, Krisanthy Desby, cello, and Miles Graber, piano, at 8 p.m. at Trinity Chapel, 2320 Dana St. Tickets are $8-$12. 549-3864. http://trinitychamberconcerts.com 

Healing Muses “Bringing Light to Darkness” a celebration of winter and the coming of spring at 8 p.m. at St. Alban’s Episcopal Church, 1501 Washington Ave., Albany. Tickets are $15-$18, reservations recommended. 524-5661, ext. 3. www.healingmuses.org 

Kodo, synthesis of music and martial arts at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $24-$46. 642-9988. www.calperfs.berkeley.edu 

Daria will showcase songs from her newest album, “Feel the Rhythm” at 1 p.m. at Hear Music, 1809 Fourth St. 204-9595. www.dariajazz.com 

La Niña Flamenco Series at 8 p.m. at La Peña Cultural Center. Cost is $18-$20. 849-2568. www.lapena.org 

G.Q Wang, recital of art songs, at 7:30 p.m. at the Northbrae Community Church, 941 The Alameda. 526-3805. 

Davka, Middle Eastern Ashkenazi jazz, at 8 p.m. at Freight and Salvage. Cost is $17.50-$18.50. 548-1761. www.freightandsalvage.org 

Virginia Iglesias Flamenco Dance Company at 8 p.m. at La Peña Cultural Center. Cost is $18-$20. 849-2568. www.lapena.org 

John Newby Trio at 9 p.m. at Downtown. 649-3810.  

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

Bluegrass and Old-Time Festival at 9:30 p.m. at The Starry Plough. Cost is $10. 841-2082. www.starryplough.com 

Sandy Chang at 8:30 p.m. at Epic Arts, 1923 Ashby Ave. Cost is $5-$10.  

Psychokinetics, Sol Rebelz at 9:30 p.m. at Blakes on Telegraph. Cost is $8-$10. 848-0886. www.blakesontelegraph.com 

Replicator, Cold War, Raking Bombs 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. 

Jami Sieber at 8 p.m. at Belladonna, 2436 Sacramento. 

Neurohumors, improv, at 8 p.m. at Jupiter. 848-8277. 

SUNDAY, FEB. 6 

EXHIBITIONS 

Matrix 214: Mark Manders “The Absence of Mark Manders” sculptures and installations opens at Berkeley Art Museum, 2626 Bancroft Way and runs through April 10. 642-0808. www.bampfa.berkeley.edu 

Matrix 215: Althea Thauberger “A Memory Lasts Forever” video installation with photographs opens at Berkeley Art Museum, 2626 Bancroft Way and runs through April 10. 642-0808. www.bampfa.berkeley.edu 

“Bark and Beyond” giclée color prints by Helene Sobol opens at Photolab Gallery, 225 Fifth St., and runs through March 19. Reception from 3 to 5 p.m. Gallery hours are Mon.-Fri. 9 a.m. to 6 p.m., Sat. 10 a.m. to 2 p.m.. 644-1400. www.photolaboratory.com/gallery 

FILM 

African Film Festival: “Cosmic Africa” at 5 p.m., and “The Price of Forgiveness” at 6:45 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Sally Woodbridge, architectural historian, speaks on  

“John Galen Howard and the University of California: The Design of a Great Public University Campus” at 7:30 p.m. at the Hillside Club, 2286 Cedar St. Free. Wheelchair accessible. 

Althea Thauberger and Mark Manders, gallery talk at 4 p.m. at Berkeley Art Museum, 2626 Bancroft Way and runs through April 10. 642-0808. www.bampfa.berkeley.edu 

Poetry Flash with Nils Michals and Mark Wunderlich at 7:30 p.m. at Cody’s Books. Donation $2. 845-7852. www.codysbooks.com 

MUSIC AND DANCE 

Berkeley Opera “Il Trittico” at 2 p.m. at Julia Morgan Theater. Tickets are $15-$40. 925-798-1300. www.berkeleyopera.org 

Takács Quartet, chamber music at 3 p.m. at Hertz Hall, UC Campus. Tickets are $42, available from 642-9988. www.calperfs.berkeley.edu 

Healing Muses “Bringing Light to Darkness” a celebration of winter and the coming of spring at 4 p.m. at St. Alban’s Episcopal Church, 1501 Washington Ave., Albany. Tickets are $15-$18, reservations recommended. 524-5661, ext. 3. www.healingmuses.org 

Herb Bielawa, composer-in-residence, 75th Birthday Concert, at 7:30 p.m. at The Unitearian Universalist Church of Berkeley, 1 Lawson Rd., Kensington. Tickets are $10-$15. 524-2912. www.uucb.org 

Chamber Music Sundaes with San Francisco Symphony musicians and friends at 3:15 p.m. St John’s Presbyterian Church, 2727 College Ave. Tickets are $7-$15 at the door. 415-584-5946 www.chambermusicsundaes.org 

Kodo, synthesis of music and martial arts, at 3 p.m. at Zellerbach Hall, UC Campus. Tickets are $24-$46. 642-9988. www.calperfs.berkeley.edu 

Turkish Sufi Music, poetry, and dance at 7 p.m. at 7th Heaven Yoga Studio, 2820 7th St. at Ashby. Tickets are $12-$15. 665-4300. 

The Black Irish Band at 8 p.m. at Freight and Salvage. Cost is $17.50-$18.50. 548-1761. www.freightandsalvage.org 

Native Fruits, music brunch at 10 a.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net


Endangered Opossums Really Do Play Dead By JOE EATON

Special to the Planet
Tuesday February 01, 2005

Back in the heyday of The Far Side, Gary Larson drew a Sunday panel showing a middle-aged couple slumped on their living room floor and another couple exiting. The caption: “The Arnolds feign death until the Wagners, sensing awkwardness, are compelled to leave.” 

What the Arnolds had done is known technically as thanatosis. The practice is widespread among arthropods—a Google Scholar search turned up references to carrion beetles, ladybeetles, weevils, stick insects, crickets, and spiders—but its best known exemplar is a mammal, the Virginia opossum, as in “playing ‘possum.” (I’m using the “o” and the apostrophe for clarity’s sake. Australia has a bunch of vaguely similar mammals called possums, but they’re no more closely related to the American opossums than are kangaroos, koalas, or Tasmanian devils). 

I’ve known my share of opossums in Berkeley, including the one that passed away in my garage a few years ago, but I’ve never seen one feign death. They’ve tended to stand their ground, giving me an insolent toothy leer. But death-feigning behavior is well documented in the wild, and there have been two confirming laboratory studies.  

It appears that an opossum has to feel seriously threatened before it keels over, and that physical violence is a necessary trigger. This can be intramural—John McManus at Cornell, who worked with a captive population, saw a small male opossum feign death after being bitten by a larger cagemate—but more often involves a predator. A study in the mid-‘60s at Children’s Hospital of Los Angeles used what was described as an “artificial dog jaw,” resembling a large pair of pliers, to grab the opossum by the neck and shake it, to the accompaniment of recorded barking. A later project at the University of New Hampshire started out using real dogs. They proved unreliable, though, and the researcher, Edward Francq, wound up picking up the opossums and shaking them manually.  

What happens when you shake an opossum follows a predictable course. The animal falls over on its side and lies still with its body flexed and its feet grasping whatever substrate it’s on. It drools and may discharge a noxious substance from its anal glands. Its eyes remain open and its ears twitch in response to squeaks or other sharp sounds, but it doesn’t react if prodded or pricked. Recovery time varies from a couple of minutes to half an hour or more. 

But is the creature really out for the duration? It appears not, based on the Children’s Hospital study. Electroencephalograph readings before, during, and after what the authors called the “opossum state” showed no significant changes. They concluded that the EEG during thanatosis “is that of a normal, waking, highly alert behavioural state.” The opossum does not lose consciousness, whatever consciousness might be in an opossum. Francq later obtained normal electrocardiogram results during the opossum state. 

If you were wondering, it also appears that Tennessee fainting goats do not actually faint when startled. According to the International Fainting Goat Association’s website, the goats suffer from myotonia; their muscles stiffen up, and they fall over. But they remain fully conscious and aware of their surroundings. Experienced goats learn to lean against something. 

The goats’ condition is caused by a combination of recessive genes, but playing ‘possum is part of a normal opossum’s standard behavioral repertoire. Feigning death may frustrate a predator’s tendency to chase things that move. And the opossum may also render itself unpalatable. Something similar happens with another group of death artists, the North American hog-nosed snakes, but in a more elaborate way. First they bluff; then they play dead. Here’s how the late great herpetologist Archie Carr described it: 

He will coil in a purposeful way, rear back and spread the whole first third of his body as thin as your belt, and lunge out at you repeatedly, each time hissing with almost intolerable menace. If instead of recoiling you steel yourself and reach over and pat the snake on the back, his menace will wilt before your eyes, and he will proceed to prove that you have killed him. He will turn over onto his back, open his mouth,... and then, after writhing about until his moist parts are all coated with debris, lie there belly-up as clearly defunct as any snake could be. 

But don’t feel badly about him. Give him two minutes, say, and the catalepsy will wane. He will draw his tongue back in and ever so slowly turn and raise his head to see whether you are still there. Move your hand quickly before him, and he will flip back over into his supine seizure. Reach down and turn him right side up, and he will instantly twist over onto his back again. But then get up and move off a little way and wait patiently behind a tree, and you can watch him slowly come back to life, turn right side up, and quietly ease away. 

The opossum’s behavior and the snake’s may have evolved convergently, like the wings of bats and birds; or they may both have inherited the genes that code for death-feigning from some remote common ancestor. We may never know. The South American short-tailed opossum is having its genome sequenced, but neither our local opossum nor any of the hog-nosed snakes is on the short list of candidates. 

Opossums and hog-nosed snakes play dead as a defense (as, we presume, did the Arnolds). But there are at least two instances of thanatosis as an offensive strategy, both involving cichlid fish from the Great Lakes of Central Africa: Nimbochromis livingstonii in Lake Malawi and Lamprologus lemairii in Lake Tanganyika. Both have unhealthy-looking blotched and mottled color patterns, and both lie on their sides on the lake bottom, doing convincing impressions of dead fish. But when smaller fish swim by to investigate the corpses, the cichlids snap them up. Cichlid specialist George Barlow says the two are not close relatives and appear to have developed their appearance and behavior independently. ›


Berkeley This Week

Tuesday February 01, 2005

TUESDAY, FEB. 1 

Mid-Day Meander to see early blooming schrubs and learn Groundhog Day lore at 2:30 p.m. at Tilden Nature Center, Tilden Park. 525-2233.  

Bird Walk along the Martin Luther King Shoreline to see marsh birds at 3 p.m. For information call 525-2233. 

“New Era/New Politics” Walking Tour of Oakland highlights African-American leaders who have made their mark on Oakland. Meet at 10 a.m. at the African American Museum and Library at 659 14th St. Tour is free and lasts about 90 minutes. 238-3234. www.oaklandnet.com/walkingtours 

“Getting Along with Your Adult Children” a participatory workshop at 7:30 p.m. at the BRJCC, 1414 Walnut St. Cost is $35-$40. 848-0327, ext. 110. www.brjcc.org 

“A Test of Will: A Climber’s Story of Survival” with Warren MacDonald at 7 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

Sing-A-Long every Tues. from 1:30 to 2:30 p.m. at the Albany Senior Center, 846 Masonic. All ages welcome. 524-9122. 

Tap Into It Jazz and Rhythm Tap classes at Montclair Recreation Center, 6300 Moraga Ave., Oakland. Experienced at 6:30 p.m., beginners at 7:30 p.m. 482-7812. 

Berkeley Salon Discussion Group meets to discuss “Political Predictions and the New Administration” 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. 

Organic Produce at low prices sold at the corner of Sacramento and Oregon Streets every Tuesday from 3 to 6 p.m. This is a project of Spiral Gardens. 843-1307. 

School Age Storytime for ages 5 and up at 7 p.m. at the Albany Library, 1247 Marin Ave. 526-3720, ext.17. Ends March 1 

Family Story Time at the Kensington Branch Library, Tues. evenings at 7 p.m. at 61 Arlington Ave. 524-3043. 

Brainstormer Weekly Pub Quiz every Tuesday from 7:30 to 9:30 p.m. at Pyramid Alehouse Brewery, 901 Gilman St. 528-9880. 

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

WEDNESDAY, FEB. 2 

Groundhog Day Wildlife Walk in the Eastshore State Park to see ground squirrels, birds and talk about the ecosystem that supports so much wildlife. Meet at 10 a.m. at Sea Breeze Deli, University Avenue just west of I-80/580. Co-sponsored by Berkeley Path Wanderers, Friends of Five Creeks, Save the Bay, and the City of Berkeley’s Everybody Walks program. 848-9358. www.fivecreeks.org 

Berkeley High Beats Poetry Slam at 7 p.m. in Room G-210, Berkeley High School. Sign up at 6:30 p.m. Donation $1. rayers@berkeley.k12.ca.us 

AARP Free Tax Assistance for taxpayers with middle and low incomes, with special attention to those 60 years and older. From 12:15 to 4:15 p.m. at the Albany Library, 1247 Marin Ave. This service will continue through April. Appointments must be made in advance. 526-3720, ext. 5. 

“Matrix of Evil” A documentary with footage from speeches and conversations with Cong. Ron Paul, Col. Craig Roberts, Cong. Cynthia McKinney, Frank Morales, and Alex Jones, at 7 p.m. at Humanist Hall, 390 27th St., Oakland. Free, $5 donations accepted. 393-5685. 

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

Artify Ashby Muralist Group meets every Wed. from 5 to 8 p.m. at the South Berkeley Senior Center, to plan a new mural. New artists are welcome. Call Bonnie at 704-0803. 

American Red Cross Blood Services Volunteer Orientation from 10 to 11:30 a.m. at 6230 Claremont Ave., Oakland. Volunteers are needed to support the more than 40 blood drives held each month.  Advance sign-up needed 594-5165. 

Stitch ‘n Bitch Bring your knitting, crocheting and other handcrafts from 6 to 9 p.m. at Caffe Trieste, 2500 San Pablo Ave. 548-5198. 

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 Peace Walk and Vigil at the Berkeley BART Station, corner of Shattuck and Center. Sing for Peace at 6:30 p.m. followed by Peace Walk at 7 p.m. www. 

geocities.com/vigil4peace/vigil 

THURSDAY, FEB. 3 

Early Morning Bird Walk in Tilden Park to look for winter residents. Meet at 7:30 a.m. at Tilden Nature Area. 525-2233. 

Painted Dog Project A discussion of the efforts to save these rare canids in Zimbabwe at 7 p.m. in the Marian Zimmer Auditorium, The Oakland Zoo. Cost is $20. 632-9525, ext. 142. www.oaklandzoo.org 

“World Religions and Ecology” with Dr. Mary Evelyn Tucker and Dr. John Grim, both of Bucknell University, at 7 p.m. at the Richard S. Dinner Boardroom, Graduate Theological Union, Hewlett Library, 2400 Ridge Rd. 649-2560. 

“Nonviolent Resistance to U.S. Militarization in Okinawa” A presentation by Suzuyo Takazato, a cofounder and co-coordinator of Okinawan Women Act Against Military Violence at 7 p.m. in Mudd 100, Pacific School of Religion, 1798 Scenic Ave. 849-8244. 

“Brother Outsider: The Life of Bayard Rustin” at 6:30 p.m. at the Ellen Driscoll Theater, Frank Havens School, 325 Highland Ave., Piedmont. Sponsored by the Piedmont Appreciating Diversity Film Series. www.diversityworks.org 

“Kingdom of the West” A video tour by air of Yellowstone, Yosemite & Glacier National Parks at 1:30 p.m. at the Albany Library, 1247 Marin Ave., Albany. 526-3720. 

Berkeley School Volunteers Training workshop for volunteers interested in helping in Berkeley Public Schools at 4:30 p.m. at 1835 Allston Way. 644-8833. 

FRIDAY, FEB. 4 

City Commons Club Noon Luncheon with Debra Pryor, Chief of the Berkeley Fire Dept. Luncheon at 11:45 a.m. for $13, speech at 12:30 p.m., at the Berkeley City Club, 2315 Durant St. For information and reservations call 526-2925 or 665-9020. 

Outings on Fridays with Berkeley Architectural Heritage Association Tour of the Hearst Memorial Mining Building, UC Campus at 11 a.m. Cost is $15. Reservations required. 841-2242. www.berkeleyheritage.com 

“From Chiapas to California” with Ramon Penate Diaz and Miguel Pickard from Chiapas, in an evening of spoken word and music at 8 p.m. at Humanist Hall, 390 27th St., Oakland. Cost is $10-$15. 654-9587. 

“Dancin’ in the Street: The Influence of Black Music of the Vietnam Era” from 6 p.m. to 1 a.m. at the Oakland Museum of California, 10th and Oak Sts., Oakland. Cost is $15-$20. 238-2200. www.museumca.org 

“The Thursday Club” screening of a new documentary by George Csicery about Oakland police officers and the Black Panthers at 7 p.m. at the Oakland Museum of California, 10th and Oak Sts., Oakland. 238-2200. www.museumca.org 

“Life and Debt” Stephanie Black’s award winning documentary examines the devastating effects of globalization upon local agriculture and industry in Jamaica. Part of the First Fridays series at 7:30 p.m. at St. Joseph the Worker Church, 1640 Addison St. Free. 482-1062. 

Literacy & Beyond! Lunar New Year Celebration at 7 p.m. at the Berkeley YMCA, 2001 Allston Way. Free. 665-3271. 

Berkeley Chess Club meets Fridays at 7:15 p.m. at the East Bay Chess Club, 1940 Virginia St. Players at all levels are welcome. 845-1041. 

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

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

SATURDAY, FEB. 5 

Sick Plant Clinic UC plant apthologist Dr. Robert Raabe, UC entomologist Dr. Nick Mills, and their team of experts will diagnose what ails your plants from 9 a.m. to noon at the Botanical Garden, 200 Centennial Dr. 643-2755.  

“Pinguicula and Utricularia in the Cloud Forests of Ecuador” hosted by Geoff Wong of the Carnivorous Plant Society, from noon to 4 p.m. at the Botanical Garden, 200 Centennial Dr. 643-2755.  

“New Era/New Politics” Walking Tour of Oakland highlights African-American leaders who have made their mark on Oakland. Meet at 10 a.m. at the African American Museum and Library at 659 14th St. Tour is free and lasts about 90 minutes. 238-3234. www.oaklandnet.com/walkingtours 

Waterfalls of Berkeley Discover the little-known waterfalls of urban Berkeley on the moderately challenging walk. Find three stepped waterfalls tucked away in parks and neighborhoods, and see gardens and historic homes. From 10 a.m. to 4 p.m. Reservations required. For details call 415-255-3233. www.greenbelt.org 

Mushroom Walk in The Redwoods Join Berkeley Path Wanderers for an easy walk in Redwood Regional Park in Oakland, looking for showy mushrooms, enjoying birds, and pondering the lives and histories of redwoods. Meet at the Canyon Meadow Staging Area, the main parking lot farthest into the park from Redwood Gate, the main park entrance on Redwood Rd at 10 a.m. For information contact Robert Mackler, walk leader 799-6756.  

Tilden Toddlers For ages 2-3 to explore the Nature Area and look for amphibian friends. From 2 to 3 p.m. at Tilden Nature Area. 525-2233. 

Kid’s Garden Club for ages 7-12 to explore the world of gardening, from 2 to 4 p.m. at Tilden Nature Area, Tilden Park. Cost is $5-$7, registration required. 525-2233. 

Magnificent Magnolias and Other Early Blooming Trees at 10 a.m. at Magic Gardens Nursery, 729 Heinz Ave. 644-2351. www.magicgardens.com 

Celebrate Black History Month with Bambara Mud Cloth painting at Habitot, 2065 Kittredge St. Cost is $5-$6. 647-111. www,habitot.org 

“Democracy Matters: Winning the Fight Against Imperialism” with Dr. Cornel West at 1 p.m. at Calvin Simmons Theater, 10 Tenth St., Oakland. Free, donations welcomed. Sponsored by Laney College. 

“Evidence for Global Warming: A Scientific Perspective” from 8:15 a.m. to 4 p.m. at the Oakland Museum of California, 10th and Oak Sts., Oakland. 238-2200. www.museumca.org 

Progressive Democrats of America organizational meeting to form an East Bay Chapter, at 1 p.m. at Temescal Oakland Library, 5205 Telegraph Ave., Oakland. 

Emergency Response Training Class on “Disaster First Aid” from 9 a.m. to noon at the Fire Dept. Training Center, 997 Cedar St. To register call 981-5606. www.ci. 

berkeley.ca.us/fire/oes.html 

“Rumi’s Teachings on Global Peace and Harmony” with Dr. Majid Naini at 7:30 p.m. at the Islamic Cultural Center, 1433 Madicon St., Oakland. Tickets are $10-$15. 832-7600. 

Valentine Making from 2 to 4 p.m. at the Albany Library, 1247 Marin Ave. Fee and all supplies will be provided. 526-3720, ext. 17. 

Free Garden Tours at Regional Parks Botanic Garden Sat. and Sun. at 2 pm. Regional Parks Botanic Garden, Tilden Park. Call to confirm. 845-4116. www.nativeplants.org 

SUNDAY, FEB. 6 

Conifers of California from 10 a.m. to noon at the Regional Parks Botanic Garden, Tilden Park. 525-2233. 

Early Bloomers Look for currant leatherwood and trillium from 2 to 4 p.m. at Tilden Nature Center, Tilden Park. 525-2233. 

Mythical Owls Learn about owls and separate fact from fiction at 3 p.m. at Tilden Nature Area, Tilden Park. 525-2233. 

Healthy Gardening Workshop Learn about basic integrated pest management to keep both garden and gardener healthy with Contra Costa Master Gardener, Jeanine Sidran, from 1 to 3 p.m. at UC Botanical Garden, 200 Centennial Dr. Registration required. 643-2755. 

Alan Rinzler’s Writer’s Workshop at 3 p.m. at Cody’s Books on Telegraph Ave. Seating is first-come, first-served. 845-7852. www.codysbooks.com 

Oakland Tet Festival A celebration of the Vietnamese New Year with music, dance and food, from 11 a.m. to 6 p.m. at Clinton Park, 1230 6th Ave., by International/14th St., Oakland  

Institute for World Religions Book Study Group on “Dimensions of Unity” and “Religion East & West” at 2 p.m. at Vara Healing Arts, 850 Talbot at Solano Ave. Albany. 548-4517. 

Lake Merritt Neighbors Organized for Peace Peace walk around the lake every Sun. Meet at 3 p.m. at the colonnade at the NE end of the lake. 763-8712. lmno4p.org 

Tibetan Buddhism with Jack ven der Meulen on Tibetan Yoga “Listening to the Heart” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812. www.nyingmainstitute.com 

MONDAY, FEB. 7 

Tea and Hike at Four Taste some of the finest teas from the Pacific Rim and South Asia and learn their natural and cultural history, followed by a short nature walk. At 4 p.m. at Tilden Nature Area, in Tilden Park. Cost is $5-$7, registration required. 525-2233. www.ebparks.org 

Help Find Frogs Learn how to help with Friends of Five Creeks’ every-other-year frog survey at 7 p.m. at the Albany Community Center, 1249 Marin, Albany. Volunteers learn at the meeting to recognize frog calls and then listen at likely spots after sundown. Focus is on East Bay from Berkeley to Richmond, but others welcome. 548-3787. www.fivecreeks.org  

Winter’s Sky at New Moon Time Meet at 6:30 p.m. at Tilden’s Inspiration Point and dress warmly for the evening’s star study. 525-2233. 

National Organization for Women Oakland/East Bay Chapter meets at 6 p.m. at the Oakland YWCA, 1515 Webster St. The speaker will be Claudette Begin, union activist and former candidate for mayor of San Jose on the Socialist Workers Party ticket. 287-8948. 

“Mesopotamia Endangered: Witnessing the Loss of History” with Joanne Farchakh, Lebanese journalist, at 5:30 p.m. at 370 Dwinelle Hall, UC Campus. Sponsored by The Archaeological Institute of America, San Francisco Society, The Dept. of Near Eastern Studies, UCB. 

Home Buyer Assistance Information Session for first-time homebuyers at 6 p.m. at 1504 Franklin St., Suite 100, Oakland. Free, but call to reserve a seat. 832-6925, ext. 100. 

Berkeley CopWatch organizational meeting at 8 p.m. at 2022 Blake St. 548-0425. 

ONGOING 

Pee Wee Basketball for boys and girls ages 6 to 8, begins Sat. Feb. 5, from 10 a.m. to noon, and runs for six weeks. Fee is $25-$35. For information call Berkeley Youth Alternatives, 845-9066. sports@byaonline.org 

Albany Berkeley Girls Softball League is looking for girls in grades 1-8 to play girls softball. Season runs March 5-June 4. Scholarships available. To register call 869-4277.  

All Net Basketball for boys and girls ages 9 to 11, begins Tues. Mar. 8, from 4:30 to 6 p.m., and runs for five weeks. Fee is $10-$15. For information call Berkeley Youth Alternatives, 845-9066. sports@byaonline.org 

Docent Training for the Magnes Museum for those interested in Jewish culture, history and art. Classes will be held on Thurs. evenings starting Feb. 3, at the Museum, 2911 Russell St. For more information contact Faith Powell at 549-6933. 

“Half Pint Library” Book Drive Donate children’s books to benefit Children’s Hospital and Research Center Oakland. Donations accepted at 1849 Solano Ave. through March 31. 

Taoist Tai Chi Society Beginning Level Class starts Feb. 16 at 7 p.m. at the First Congregational Church of Berkeley, 2345 Channing Way. New students may register at any time. 415-864-0899 www.taichicalifornia.org 

Berkeley Rhino Rugby Club is seeking new high school age players for the Spring 2005 season. No experience required. Practices are Tues. and Thurs. 5 to 7 p.m. at San Pablo Park. 466-5113. 

CITY MEETINGS 

Commission on the Status of Women meets Wed., Feb. 2, at 7:30 p.m., at the North Berkeley Senior Center. Tasha Tervelon, 981-5347. www.ci.berkeley. 

ca.us/commissions/women 

Fire Safety Commission meets Wed., Feb. 2, at 7:30 p.m. at 997 Cedar St. David Orth, 981-5502. www.ci.berkeley.ca.us/commissions/firesafety 

Human Welfare and Community Action Commission meets Wed., Feb. 2, at 7 p.m., at the South Berkeley Senior Center. Marianne Graham, 981-5416. www.ci.berkeley.ca.us/ 

commissions/welfare 

Commission on Early Childhood Education meets Thurs., Feb. 3, at 7 p.m., at the North Berkeley Senior Center. Angellique De Cloud, 981-5428. www.ci.berkeley. ca.us/commissions/earlychildhoodeducation  

Housing Advisory Commission meets Thurs., Feb. 3, at 7:30 p.m., at the South Berkeley Senior Center. Oscar Sung, 981-5400. www.ci.berkeley.ca.us/ 

commissions/housing 

Public Works Commission meets Thurs., Feb. 3, at 7 p.m., at the North Berkeley Senior Center. Jeff Egeberg, 981-6406. www.ci.berkeley.ca.us/commissions/publicworks 

Council Agenda Committee meets Mon., Feb. 7, at 2:30 p.m., at 2180 Milvia St. 981-6900. 

www.ci.berkeley.ca.us/ 

citycouncil/agenda-committee 

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

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

Peace and Justice Commission meets Mon., Feb. 7, at 7 p.m., at the North Berkeley Senior Center. Manuel Hector, 981-5510. www.ci.berkeley.ca.us/commissions/peaceandjustice 

City Council meets Tues., Feb. 8, at 7 p.m in City Council Chambers. 981-6900. www. ci.berkeley.ca.us/citycouncil 


Opinion

Editorials

How Wells Fargo Took Betty Bunton’s SSI Money Before She Died By BECKYO'MALLEY Editorial

Friday February 04, 2005

Betty Bunton died on Sunday. She complained about shortness of breath, and an ambulance was called, but she was dead on arrival at Alta Bates. It was probably asthma, which she’d had as long as we knew her, now at least 10 years. 

Many people in Berkeley who didn’t know Betty by name knew her on sight. She was that skinny little dark-skinned African American woman, missing one foot and usually wearing a bandanna, who scooted around town in a series of hard-used manual wheelchairs. She’d been homeless for many years, even before she lost her foot. It was partly her own choice, because she said she didn’t like to sleep indoors in the summer, but she’d been kicked out of a lot of places too. She was one of the many victims of crack cocaine, a habit which few can ever beat, and she didn’t beat it.  

She made her way in the world on the basis of her considerable personal charm. No matter what shape she was in, she had a wry quip and a good story to tell as she asked for help, most often financial but sometimes a ride somewhere or some food. Her stories were often not exactly true, but they were touching. We knew her before she lost her foot, which was amputated after she survived a jump from the roof of a building which shattered her ankles. Why she was on that roof and why she jumped varied in the telling, but the most likely explanation is the terrifying paranoia which crack can sometimes cause in its users. She said she thought someone was chasing her, but it was probably her own personal demons at her heels. 

She came from Oakland, but chose Berkeley to live in because she liked the people here, and a lot of them liked her. A lot of them tried to help her over the years.  

A lawyer named Steve got her on SSI, doing all the considerable paperwork needed to prove her disability. Supplemental Security Income (SSI) is a Federal income supplement program funded by general tax revenues (not Social Security taxes). It is designed to help aged, blind, and disabled people who have little or no income, and it provides cash to meet basic needs for food, clothing, and shelter. One might ask why you need a lawyer to prove that you’re disabled if you’re missing a foot, but with our safety net in tatters people have to cross incredible hurdles to get any help.  

Bill at the Roxy Deli on the corner near our office let her run a tab when she was down on her luck, as she frequently was. Many households gave her occasional money or food when she rang their doorbells, most of them probably worrying as we did that the money might go for drugs instead. After she got on SSI, friends who hoped she could beat her bad habits talked to Affordable Housing Associates, and Ali Kashani found her an accessible apartment. That lasted only until someone gave her some crack, which caused her to climb up to the roof of her unit in a drug-induced frenzy, going through a glass skylight in the process. AHA said, regretfully, that they just weren’t equipped to deal with someone like her, and told her to find another place.  

The place she found, more often than not, was on the street or on someone’s doorstep. St. Paul A.M.E. Church tolerated her sleeping under their eaves, and she sometimes attended Sunday services and took up her own collection afterwards. Her health got worse and worse, but she still slept outdoors when the weather permitted. In bad weather, she knew a few motels which would take in disreputable looking people with cash. She hated shelters—“all those crazy people in there, you can’t get any sleep.” 

Betty was delighted when the Planet materialized in her Ashby BART neighborhood. She’d take copies around to merchants and tell them that they ought to be advertising. Sometimes she passed them out to people getting off BART, not demanding but accepting some change in return. She figured out that she could find people in our office on deadline nights, and came around to ask for a few bucks when she needed them. 

Money was always a problem, of course. Her SSI stipend, if she could hold on to it, might have been enough to support her, but it frequently slipped though her fingers, undoubtedly sometimes to buy drugs. She lost a lot of her money in a blatant scam perpetrated by one of America’s major corporations, one which they’re probably still using on gullible poor people. Ever since we took over the Planet, we’ve been intending to do a real investigation of how the con worked, but we never got around to it. Now that Betty’s dead, we wish we had. 

Every time we saw her, she’d ask us when we were going to put in the Planet the story about how Wells Fargo was stealing from poor people. We’re working on it, we’d say, and we kind of were, but not hard enough. It’s a complicated story, with legal twists and turns, but it’s time now at least to lay out the bare facts about what happened to Betty. 

She arranged, on advice from us and Steve, to have her SSI check automatically deposited in an account at Wells Fargo, because it’s hard for someone with no fixed address to cash checks. The account came with an ATM card, which she would use from the beginning of the month until it stopped working towards the end of the month, and that was fine for a couple of years. Since she had no address, we let her use ours to get her statements, which she had trouble reading, so from time to time she’d come by and we’d explain them to her.  

One day a year or so ago she appeared at our door in great distress, because she’d tried to use the ATM card at the bank to take some of her money out for food, and even though it was the beginning of the month she couldn’t get any cash. We pulled out her most recent statement to take a look at it, and discovered that she seemed to have gotten some sort of automatic loan provision for up to $500 dollars additional per month. She knew nothing about this, hadn’t asked for it, and even though we’d been looking at her statements we knew nothing about it either.  

Following her normal pattern, she’d been taking out cash as she needed it, not realizing that she’d used up her monthly allotment, and had inadvertently gotten deep into debt because of this new scheme. Even worse, payments on this debt were being automatically deducted from her $800 government check as soon as the money came to the bank, before she’d seen any of it. And worst of all, the interest rate she was being charged, printed right there on the statement, seemed to be an incredible 90 percent, which guaranteed that Betty’s Social Security check was now encumbered by so much interest that it was going to be completely confiscated every month, forever.  

We studied the statement carefully, trying to figure out how this was possible. But even though one of us is a lawyer and the other has a Ph.D. and we’ve run a successful business, we couldn’t figure out what was going on. 

It seemed so incredible that we called Wells Fargo up thinking it must be a misprint or some other kind of computer error. Not at all, we were told, that’s just the way this new product works, it’s a service to our customers. It turned that this was not just any kind of a loan, but was a “Direct Deposit Advance”, paid out in the certainty that the client would be getting a check deposited at the first of the next month, so the bank was sure to be paid back. What if the customer doesn’t ask for it and doesn’t understand it, we asked. Too bad, was the answer.  

We were sure this couldn’t be legal. We called a lawyer friend who worked in a San Francisco firm which often handles lawsuits against banks, and he thought it sounded highly dubious. He agreed to look into it pro bono, spent several days researching the procedure, and came back to report, amazed, that what Wells Fargo was doing was perfectly legal, thanks to an obscure recent court decision. He had coincidentally encountered a similar case that same week. A developmentally disabled man in Marin had been having his whole disability check taken by Wells Fargo. His brother finally figured out the problem and came to the law firm looking for redress, but there didn’t seem to be any. 

The lawyer said this practice would have been illegal under California law, but Betty’s statement revealed that the “Direct Deposit Advance” loan came from “Wells Fargo Bank Nevada, N.A.”. The lender was not subject to California law since it was registered in Nevada. Someone somewhere in the Wells Fargo empire must have worked hard to figure out the loophole which essentially lets a lender take a depositor’s whole check, every month, if she has withdrawn too much money for one or two months. When you multiply Betty’s $800 a month times all the SSI recipients and other vulnerable people who have direct deposit accounts, it adds up to a big haul for Wells Fargo, and a lot of poor people in trouble.  

What could we do for Betty? We introduced her to another local lawyer, Osha Neumann, who tried to extricate her from Wells Fargo’s clutches, but couldn’t get back the money which they’d already taken as interest on her “loan.” 

What can be done about this practice? We don’t know, and we don’t even know if it’s still going on. We’ve laid this all out here so someone else can try to figure it out. Barbara Lee is on the House Banking Committee, so maybe she can take a look at remedies. Loni Hancock or Wilma Chan might want to see if anything can be done in California. We hope other publications will find other victims and do stories about them. It’s too late now to do any more for Betty, but in her memory we hope that telling this story as she wanted us to do will help someone else avoid getting conned as she was. 

What can be done for other people with the crack habit which ruined Betty’s life? Not much, certainly not while there are not enough places in treatment programs for addicts like her. Even with treatment, beating crack addiction is generally believed to be close to impossible, so it would be better to keep people from getting started. But that’s another long story, too long for today.  

 

—Becky O’Malley…


Traffic Calming Needed By BECKY O'MALLEY Editorial

Tuesday February 01, 2005

If you live on Ashby Avenue and wake up in the middle of the night, as I do sometimes, you can tell what time it is by how much noise comes in through your closed bedroom window. If it’s relatively quiet, with only the occasional roar of a really big truck which rattles the windows, it’s probably about 3 a.m. The trucks at that time of night are fewer, but they compensate by gunning their engines up to about 50 mph (when the speed limit is 25.) Commuters get going about 4, at a high speed because they’re not so numerous until about 5, eventually slowing down to just under 30 mph between 6 and 9. By that time traffic is often bumper-to-bumper, with students and employees who come by bridge and tunnel on their way to the UC campus. It’s pretty much impossible to sleep past about 6:30 because of the noise volume, even in the winter when the windows can be kept closed. 

In the afternoon the traffic out of town often starts as early as 3:30, perhaps because more classes are scheduled in the morning and early afternoon. The afternoon traffic is unpredictable, and since we’re not often home at that time of day not such an annoyance. The trucks rattle the kitchen windows at dinnertime, of course. When we’ve gone somewhere by car and are forced to drive on Ashby to get home in the afternoon, it can take as much as half an hour to go from Shattuck to our house east of College. On Sunday afternoons there is often heavy eastbound traffic all afternoon. Who can tell who these people are, or what they’ve been doing? Shopping in Emeryville and avoiding traffic on 24 perhaps? 

Why should any of this be of concern to anyone who is lucky enough to live behind a barrier on Berkeley’s many lovely protected side streets? As a number of those drivers who objected to the narrowing of Marin said, people on busy streets knew what they were getting into when they bought their houses, right? It’s true that we would never have been able to afford the very comfortable house we’ve lived in for 30 years if it hadn’t been on Ashby, so I’ve always been somewhat reluctant to complain too loudly about traffic here. But the thing is, it’s gotten a lot worse, and if those who try to plan our lives have their way in several current schemes, there’s more to come. 

In the discussion about building the big Berkeley Bowl on Ninth and Heinz, planners answered worriers about increased traffic on local streets by pointing out how traffic could actually be off-loaded to Ashby. I immediately flashed on Saturday mornings with even more noise than weekdays, with hundreds of suburbanites coming through that nice new extra bore they’re going to add to the Caldecott Tunnel and heading right down Ashby to the mega-Bowl in search of a recreational shopping experience in Berkeley. I know, it might do wonders for the city’s retail sales tax take, but at what cost to Ashby residents? 

And then there’s the university’s long-range development plan. Can the equivalent of the Empire State Building really be added to downtown Berkeley without massively increasing the traffic load past our house? I doubt it. But since it looks like UC Berkeley is going to get away with skipping a real EIR by contributing a couple of million more dollars to the city of Berkeley’s budget, we won’t know the true impact of the university multifarious expansion plans until they’re a fait accompli.  

Noise, irritating though it is, is not the only major problem with the blithe willingness of city and university to increase Ashby traffic. High cancer rates among residents of streets like ours are well documented, and we have lost too many of our neighbors to cancer to be comfortable with the statistics. But according to an environmental consultant we know, it’s the excessive noise which is both illegal and easily documented, and which could be the basis for an environmental lawsuit by Ashby residents. If Caltrans, UC and the city of Berkeley persist in denying the obvious impacts which plans now in the works will have, that might be our only remedy.  

 

—Becky O’Malley