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Huckleberry, the last Berkeley treesitter to surrender Tuesday, waves to supporters before he climbs down to waiting campus police.
By Richard Brenneman
Huckleberry, the last Berkeley treesitter to surrender Tuesday, waves to supporters before he climbs down to waiting campus police.
 

News

Safeway Announces Meetings to Decide Fate of College Ave. Store

By Riya Bhattacharjee
Wednesday September 10, 2008 - 10:28:00 AM

Safeway will hold a series of public meetings starting today (Wednesday) at Oakland’s Claremont Middle School in an effort to come up with a different design for remodeling its College Avenue store. 

The national grocery chain put together a group of stakeholders who will participate in discussions about the new plans after local merchants and neighbors vociferously opposed the corporation’s proposal to convert the less than 25,000-square-foot 1960s-era grocery store to one more than three times its current size.  

About 300 people packed the Peralta Elementary School in June to hear Safeway’s expansion plans, and more than 70 people spoke in opposition, expressing fear that “big box” development would ruin the quiet ambiance of the corner at Claremont and College on the Berkeley-Oakland border where the store is located. 

Others viewed the project as a threat to existing businesses, saying that what Safeway calls a “lifestyle” store, with a bakery, pharmacy and bigger meat and produce sections, would destroy the essence of the neighborhood, where small independent shops now sell gourmet bread, meat and seafood.  

Safeway’s real estate developer Todd Paradis pointed out that the existing Safeway lacked a number of important departments, including a full-service meat counter, an extensive organic produce section and a flower shop.  

According to an e-mail sent out by Elisabeth Jewel of Aroner, Jewel & Ellis Partners—the consultants, whose primary partners include former Assemblymember Dion Aroner, hired by Safeway for community outreach about the expansion projects—the members of the “stakeholders’ working group” have agreed to meet regularly to share their “expertise, perspective and opinions in creating a new store” that Safeway hoped neighbors would be proud of. 

The e-mail stated that the meeting would be professionally facilitated with “the goal of discovering common ground and consensus on hard issues such as the size, scale, and design of a new store and possibly ground floor retail space.” 

The meetings will be open to the public and minutes will be posted on www.safewayoncollege.com. 

Pamela Hopkins, managing partner of the Berkeley-based ENACT Global Consulting business, will facilitate the meetings of the stakeholders’ group—made up of representatives from the Rockridge Community Planning Council, the Claremont Elmwood Neighborhood Association, the Rockridge District Association, Concerned Neighbors of College Avenue Safeway, College Avenue merchants who have stores right across the street from Safeway and neighbors whose properties abuts Safeway—throughout the discussions.  

Safeway representatives will also be participating in the meetings and have a seat at the stakeholders table. 

Susan Shawl and Nancy McKay of Concerned Neighbors, the group formed to oppose Safeway’s expansion plans, said they hoped the process would result in something positive. 

“I am hopeful that we will get some answers,” Shawl said. “We would like Safeway to modify its plan to be in line with what the neighbors want. We are hoping for a major renovation of the existing store instead of a 75,000-square-foot development. Every question would be answered if they did a major renovation rather than expand.” 

Shawl added that some of the stakeholders would like to negotiate the meeting dates proposed by Safeway. 

“They [Safeway] set up the schedule without talking to anyone,” she said. “Some of the meetings are on Mondays and some on Wednesdays and some allow only nine days in-between, which leaves us no time to report back to the members in our organization.” 

Safeway was scheduled to submit an application for the proposed project to the Oakland Planning Department at the end of July, but postponed its plans in order to address community concerns. 

Calls to Safeway’s spokesperson Esperanza Greenwood were not returned by the paper’s deadline. 

“I am optimistic that the communications will become public and we see it as a final and last opportunity to bring forth the neighborhood’s concerns,” said McKay. “It was Safeway’s idea to have the meetings but we have been quietly working with them to get the meetings off the ground.” 

Meeting dates: Sept. 10 and 22, Oct. 1, 13 and 22, and Nov. 3, 7-9 p.m. at the Claremont Middle School, 5750 College Ave., Oakland. Parking is available on the playground of the school off of Miles Avenue.


Flash: Grove’s Last Tree Falls; University Says ‘No Deal’

By Richard Brenneman
Tuesday September 09, 2008 - 06:32:00 PM

The last tree occupied by Berkeley tree-sitters before their surrender Tuesday afternoon was itself gone by 5:18 p.m. 

While the crowd along Piedmont Avenue had swelled to several hundred by the time the last tree-sitter descended, it was mostly students who were left when the redwood came down, and many applauded as the last section of the once towering tree was hauled off by a massive crane. 

A contract arborist, armed with a chainsaw, had worked his way down from the top, lopping the trunk off in four sections. 

A few minutes earlier UC Berkeley Police Chief Victoria Harrison had said that with the elimination of the trees, the way would be clear for the transformation of the grove site into an ordinary construction site. 

Vice Chancellor Nathan Brostrom also claimed that tree-sitters supporters erred in reporting that the university had made concessions to end the treeesit. 

Earlier in the day, supporters had said Brostrom had agreed to start a process to create more community involvement in university land use decisions. 

Brostrom said the university’s existing policies seek community involvement, and that officials are always seeking new and creative ways of involving the community. 

“There was no quid pro quo,” said university spokesperson Dan Mogulof. 

Shortly after the press conference, supporters released a statement from the treesitters giving their take on the agreement: 

"The treesitters agreed to come down voluntarily, and University representatives agreed that they would make a public statement that the University will create new ways for the community to be involved in land use decisions going forward. What form precisely that will take is yet to be determined. 

“It is up to the community to ensure that the format is substantial, and that the community is involved in the beginning, brainstorm phases and on an ongoing basis with land use." 

The university has now upped its estimate of the cost of handling the tree-sitters and their allies to $1.5 million, twice the $750,000 figure cited by Mogulof just the day before. 

Mogulof said the new figure came from revised calculations, and that none of the money was diverted from academic or research funds. 

Cal Athletic Director Sandy Barbour completed the quartet of officials who briefed reporters in the stadium’s Hall of Fame room. 

Harrison said approximately 45 university police were on hand for the final day of the tree-sit, along with a scaffolding crew of 20 to 25 workers, 10 tree removal contract workers, City of Berkeley firefighters and paramedics and crane operators. The cherry picker lifts were operated by university athletic department staff. 

Assistant Police Chief Mitch Celaya said that in addition to the arrests of the four tree-sitters, who range in age between 18 and 27, police arrested five spectators. 

The tree-sitters were Michael Schuck, 26, known first as tree-sitter Fresh and later as Shem. He was charged with a variety of charges including trespass, lodging in trees, violation of court orders and for five warrants totaling $22,000. 

Armando Resendez, Mando, is 20. He faced similar charges, though not the warrant violations. Ernesto Trevino, or Droog, is the youngest tree-sitter at 18. His charges are similar to those lodged against Schuck, as were those filed against the last treesitter to descend, Raul Colocho, 27, otherwise known as Huck or Huckleberry. He may face one additional charge. 

All of the tree-sitters were taken to the Santa Rita Jail, though Celaya said that each would be eligible for release on bail. 

The five spectators arrested include two who were charged with misdemeanor battery on a peace officer.


Tree-sitters Surrender

By Richard Brenneman
Tuesday September 09, 2008 - 03:34:00 PM
Huckleberry, the last Berkeley treesitter to surrender Tuesday, waves to supporters before he climbs down to waiting campus police.
By Richard Brenneman
Huckleberry, the last Berkeley treesitter to surrender Tuesday, waves to supporters before he climbs down to waiting campus police.

As a scaffold rose beneath them, section by section, Berkeley’s last four tree-sitters finally surrendered—with Huckleberry, the last holdout, finally setting his bare feet on the earth at 1:33 p.m. today (Tuesday). 

He stepped, handcuffed onto the denuded terrain where contract crews had cut the heart out of the grove that been the scene of a public protest that the university says cost it more than $750,000. 

The tree-sitters were progressively driven higher up into the branches of the majestic Coastal Live Oaks the university needed to cut if it is to build the Student Athlete High Performance Center (a gymnasium, locker rooms and offices) in the shadow of a seismically unsafe stadium. 

The tree-sitters represented the most militant edge of a broader challenge to the project, which included a courtroom battle that ended in the trial court with a victory for the university on the gym project, and with it an end to an injunction that barred the university from cutting down the trees at what had become a construction site. 

The four remaining tree-sitters surrendered only after the scaffolding reached their platform on the isolated redwood, which represented the last tree on the university’s logging agenda. 

Campus Police Chief Victorian Harrison talked periodically with the tree-sitters as she stood, accompanied by two and sometimes three other officers, against the railing of a metal basket suspended by a cable from a massive crane. 

Matthew Taylor, one of the organizers of ground support for the tree-sitters, said the tree-sitters agreed to descended after receiving a promise that Vice Chancellor Nathan Brostrom would publicly declare that the university pledged to create a new mechanism for community involvement in the early stages of making land use decisions. 

The scaffolding started to rise at 8:30 a.m., surrounding the tree with vertical risers later joined by horizontal connectors, with platform supports and a section-by-section stairway. 

Once the scaffold had reached the height of the treesitters’ own platform, a railing went up around the edges and workers with chainsaws cut most of the remaining branches, then dumped the tree-sitters’ belongings, followed by the old wooden platform itself. 

The treesitters had retreated to the last vertical section of tree, with two ascending to a “crows’ nest” box on top, with the police chief talking to them for her aerial perch. 

And then it was over—though 23 minutes would elapse before the first of the tree-sitters had reached the ground and Huckleberry’s first step back on solid ground. 

The tree-sitters were led away in chains. Berkeley police blocked off the northbound lane of Piedmont avenue after they were down, while campus police allowed the public to mingle on the pavement. Musical instruments appeared, and within moments, a dozen or so exuberant souls were dancing. 


University, Protesters Near Grove Showdown

By Richard Brenneman
Monday September 08, 2008 - 02:38:00 PM

UC Berkeley officials are “weighing their options” to end the tree-sit at Memorial Stadium after negotiations ended between university officials, tree-sitters and their supporters on the ground. 

The university also released bidding packages Monday for the project that will replace the now-vanished trees, and campus police are preparing for an action that could end the 20-month-old treesit. 

“We’ve explored ways to bring this to a fairly quick and safe conclusion,” said campus spokesperson Dan Mogulof, who would only say Monday that action would occur “very soon,” but not that night. 

Accounts of the failed talks vary according to the source. 

“We discussed and negotiated throughout the weekend,” said university spokesperson Dan Mogulof. “We thought we had a deal Saturday night.” 

Mogulof said that what the tree-sitters had a “modest request to participate in discussions” with university officials, “unfortunately the people on the ground urged a harder line.” 

“That’s a fucking lie,” said Ayr, one of the key organizers of support for the tree-sitters since they first took to the branches on Dec. 2, 2006. 

Ayr, otherwise known as Eric Eisenberg, said the university offer was for the four tree-sitters to surrender in exchange for university permission for Native Americans to hold a ceremony at the site of the largest of the fallen trees, dubbed Grandmother Oak. 

“There’s nothing there,” said Ayr. “We want something tangible and lasting. We made a specific proposal to the university last night (Sunday) and this morning they cut off negotiations.” 

“We presented a proposal for mediated discussions on a broad range of concerns,” said Mogulof. “Vice Chancellor Nathan Brostrom came out and signed a document,” which was sent up to the tree-sitters.  

“But when it was presented to members of ground support, it was clear they wanted to use the presence of the tree-sitters to press for a new set of demands,” he said. 

As a result, he said, “we are now making preparations in the event they plan to continue. We gave it a good shot over the course of the 72 hours.” 

Peter Bluhon, a professional mediator, was hired by the university to manage talks with the tree-sitters. Ayr said the university representatives told him Monday morning that they were not interested in discussing a counter-proposal submitted Sunday night. 

Ayr said the proposal called for the university to create an oversight body including members of Berkeley city government, neighborhood associations, Native Americans and students “which would help the university make land use decisions so that something like this never happens again.” 

Other conditions included “some sort of reparations so that they can preserve something else in the East Bay” as well as support for a grass roots Native American group. 

“We also asked the university to return the stump of Grandmother Oak to Native Americans who have asked to use it to make drums and other artifacts.” 

Mogulof told reporters during a Monday afternoon press conference at the stadium—complete with a prepared backdrop for TV cameras—that the treesit supporters had sought “$6 million in contributions and full amnesty.” 

Ayr had earlier said that any demands presented had represented initial points for further discussion. 

University contractors have leveled all but one of the trees slated for destruction as part of the site preparations for the Student Athlete High Performance Center, a four-level gym and office complex planned for alongside the stadium’s western wall. 

That tree is a redwood occupied by the tree-sitters. A second tree, a redwood, is scheduled for replanting elsewhere on campus. Mogulof said UC gardeners had examined all the trees in the grove and determined that only the single evergreen was suitable for transplanting. 

A state appellate court ruling Thursday cleared the way for the removal of the coastal live oak and other trees that occupy the site. 

In a written statement released Monday afternoon, Brostrom said, “It is extremely regrettable that the protesters were unable to come to agreement among themselves and accept an offer that was designed to directly address their stated concerns. 

“At this point the campus is making preparations to quickly bring this situation to a safe but certain end. We will continue to urge them to come down voluntarily and sincerely hope they decide not to continue with a protest that is now without purpose.” 


UC's Memorial Stadium Oak Grove is No More; Four Defenders Remain in Lone Redwood

By Richard Brenneman
Sunday September 07, 2008 - 01:01:00 PM

Only one tree remained standing at Memorial Stadium Sunday morning of those the University of California had slated for the chainsaw.Perched in the upper branches of the redwood were the four remaining tree-sitters who had taken to the branches in an ultimately doomed effort to save the impressive collection of coast live oaks and other trees marked for destruction by the university. 

The last of the oaks had fallen by late Saturday afternoon, and by Sunday, piles of chipped wood marked the site of many of the trees felled to make way for the Student Athlete High Performance Center. 

The four-level gym and office complex is the first of three planned phases of construction at the stadium, and a state appellate court decision Thursday paved the way for the onslaught of chainsaws and heavy equipment that began work the next day. 

"Honestly, I have not yet come to grips with my grief over this," said Matthew Taylor, a Cal student has worked to support the treesitters since they first took to the branches on Dec, 2, 2006—Big Game Day. 

Taylor, like many of the activists, has earned a rap sheet from campus police. 

"I was arrested five times," he said, with the last coming late Saturday afternoon. He was cited for violating a stay-away order which would have expired at 8 p.m. 

"I would estimate there have been about 300 arrests and citations," said Ayr, a leader of tree-sit ground support who said he has spent about seven days in jail for his work at the grove. 

Ayr said that negotiations are underway with the university over the four remaining treesitters. 

"The tree-sitters are interested in a positive and peaceful resolution," he said. "We’re all trying to work toward that." 

University spokesperson Dan Mogulof said Friday that the university had given a previously negotiated 72-hour notice that day that action against the tree-sitters could come any time after Monday morning. 

Though forcible extraction remained an option, he said, "we will continue to explore every possible alternative." 

"If they come down, they want some kind of tangible and permanent result for the community," said Ayr. 

The scene at the stadium was quiet Sunday morning, with a few supporters on hand. A memorial and interfaith prayer ceremony was planned for 2 p.m. by Berkeley Grandmothers for the Oaks. 

 


Spectators Mourn as UC Destroys Memorial Stadium Oak Grove; Two Arrested

By Richard Brenneman
Friday September 05, 2008 - 11:34:00 PM
Treesitters watched as university contract workers began chainsawing trees at Memorial Stadium, talking to supporters on the ground with a solar-charged cell phone.
By Richard Brenneman
Treesitters watched as university contract workers began chainsawing trees at Memorial Stadium, talking to supporters on the ground with a solar-charged cell phone.

UC Berkeley brought out the chainsaws Friday, and the air outside Memorial Stadium jittered to the sounds of saws, woodchippers and the earthward crashes of once mighty oaks. 

By the 6 p.m. as many as 25 of the 42 oaks and other trees slated for removal had been felled, as a crowd of tree-sit supporters sprinkled with clusters of opponents watched. 

Police made at least two arrests during the afternoon, including Ayr, a veteran organizer of support for the arboreal activists. 

A second supporter resisted when police tried to clear the northbound lanes of Piedmont Avenue, which had been blocked by angry supporters after Ayr’s arrest. 

The activist, Matt, yelled at police, who forced the struggling man to the ground. After a prolonged struggle, he was hauled away in handcuffs, bleeding from a cut in his left cheek. 

"It’s shameful. It’s sad," said Terri Compost, an activist who has been hauled away in handcuffs twice during the ongoing struggle at the grove. 

The fight, both at the scene and in court, has pitted the university—which wants to build a new gym and office complex at the site—against environmentalists and neighborhood groups, who waged a long and finally unsuccessful effort to spare the trees. 

It was a state appellate ruling Thursday that cleared the way for Friday’s action, after justices refused to order a halt to the university’s construction plans. 

Campus spokesperson Dan Mogulof said the university hadn’t been certain Friday morning when they could begin removing the trees, but the Watsonville contractor in charge of the cutting was able to pull together crews from other sites by mid-afternoon. 

The remaining trees fated for the fall but still standing by the times the saws went silent Friday will be downed Saturday, save perhaps for the towering redwood still occupied by the four remaining tree-sitters. 

As the trees fell, drivers and pedestrians along Piedmont Avenue were presented with a site not seen by passers-by in decades, the weatherbeaten western wall of Memorial Stadium. 

Occasionally clouds of dust would erupt when an oak thundered to the ground, its leafy mantle sweeping the air along until, confronted by the implacable firmness of the earth, it erupted skyward, carrying with it the dust of decades and a spray of sundered leaves. 

Cameras were everywhere, in the hands of journalists both on the ground and in the newscopters overhead, in the hands of police, who have captured endless hours of events in the days since the ascent of the first treesitter, and in the hands of spectators. 

Occasional shouts of protest erupted when an oak fell, or following some action by police, but several people told a reporter there was something anticlimactic about the arrival of the day they had fought to delay. 

Mogulof said that when the cutting has concluded, woodchippers will transform some of fallen branches into mulch, for use at the site and elsewhere on campus, while trucks will move the heavier sections. 

That will still leave one tree yet to fall, the redwood occupied by the treesitters. 

The university gave the quartet notice Friday morning that action to remove them could come as early as Monday morning. 


UC Berkeley Begins Chopping Down Memorial Stadium Oak Grove

By Bay City News
Friday September 05, 2008 - 11:20:00 PM

University of California, Berkeley spokesman Dan Mogulof said the university today began chopping down oak trees next to its football stadium as the first step in a project to build a news sports training center adjacent to the stadium. 

Mogulof said this morning that the university would only be "pruning" trees today in the wake of a court ruling on Thursday that allowed the university to go forward with the project after a 20-month legal battle. 

But at a 4 p.m. news briefing next to the football stadium, Mogulof said the university actually began chopping down trees today and plans to chop down a total of 42 trees by the end of the day Monday. 

He estimated that about four to five trees had been removed as of 4 p.m. today.  

Videographer LA Wood, who has filmed activities at the grove of oak trees since a UC Board of Regents committee approved the project December 2006, said at least six trees have been taken down so far. 

Michael Kelly, the president of the Panoramic Hill Association, which is one of three groups that filed suit to try to stop the project, said he thinks at least a dozen trees had been removed. 

Wood accused UC officials of issuing a "misleading" statement about their plans for today. 

"They didn't prune trees, they killed them," Wood said. 

Four tree-sitters remained in a single tree near the stadium and at least 50 supporters had gathered near the site to watch the trees being cut down. 

Wood said he thinks the university wouldn't have cut down the trees today if there had been a larger group of protesters. 

Mogulof said there are currently 70 oak trees in the grove next to the stadium and when the university finishes the work, 20 will remain. 

He said the university will plant three new trees at the site for every one it removes. 

Mogulof said the university expects that it will take two and a half years to build the new sports training center. 

Shortly after 5 p.m., UC police detained Ayr, the leader of the ground support team for the tree-sitters. 

Kelly, who witnessed the incident, said Ayr had been arguing with a small group of university students who supported removing the trees and were carrying a sign that said "Free Firewood." 

Kelly said he didn't think Ayr did anything to warrant being detained. 

 

 


UC Gives Tree-Sitters 72-Hour Warning to Leave Grove

By Richard Brenneman
Friday September 05, 2008 - 06:22:00 PM

A day after winning their battle in court Thursday, UC Berkeley gave Memorial Stadium tree-sitters a 72-hour warning Friday morning that their days in the branches were nearing an end. 

The state Court of Appeal rejected a plea Thursday to issue an order barring UC Berkeley from bringing the chainsaws to chop down trees at Memorial Stadium. The next morning chainsaws were at work, cutting down branches of oak trees next to the redwood where the last remaining tree-sitters gave a defiant press conference by cell phone. 

Nothing but a last-minute order by the state Supreme Court could halt the university’s plans to begin work on the four-level gym and office complex planned for the site. 

The first phase of the process will bring down the majority of the specimen trees in the grove, including some that were growing before stadium construction began in 1921. 

In an effort to save the trees, protesters took to the branches on Big Game Day in 2006, and as of Friday morning a changing contingent of activists had stayed aloft for each of the 648 days that followed. 

“I am requesting that all of the volunteers who have come out because they care about the community to come out,” said Droog, a tree-sitter speaking from atop the redwood. “We’re asking for everyone who shares the same values to come out.” 

“We will bear witness to their desecration of sacred mother earth,” he said. “We will remain here.” 

UC Berkeley spokesperson Dan Mogulof said that though the university had given the tree-sitters a previously negotiated notice promised before any action against the treesitters, “by no means does it mean we are preparing for a forcible extraction in 72 hours.” 

The Friday morning task of the arborists, he said, was to further isolate the tree-sitter and prevent reinforcements from reaching them from other trees. 

Mogulof said the university is not prepared for the immediate commencement of construction activities other than site clearance.  

“We were surprised by the speed and decisiveness of the Court of Appeals ruling,” he said. 

The university has still to choose contractors for either the initial excavation or the actual work of building the Student Athlete High Performance Center. 

“We’re in the process of getting the resources in place,” he said. Bid notices need to be posted, following by the selection of the actual companies that will do the work. 

“We are beginning the initial steps of a construction process that will last two-and-a-half years,” Mogulof said. 

Meanwhile, attorneys who have been battling to save the trees have taken the case to the Supreme Court in hopes the justices issue a writ of supersedeas to halt work at the site. 

Release of the Court of Appeals ruling Thursday afternoon prompted an e-mail alert from supporters of the ongoing tree-sit: “The appeals court has ruled, UCB can cut trees any time they want, get ready, we need witnesses & direct action.” 

The unanimous ruling by a three-judge panel of the court’s First Division rejected pleas to apply a 20-day stay sought by two attorneys who have been fighting to save the grove of Coastal Live Oaks and other trees, some of which predate the start of stadium’s construction in 1921. 

The university plans to build a four-level office and high tech gym complex along the stadium’s western wall, the first stage of a massive construction project in the southeast area of the campus. 

The university says the suit has cost it millions of dollars, both for construction cost increases and for the massive law enforcement presence surrounding the grove, where tree-sitters have occupied the branches for the last 21 months in an effort to stop the project. 

The ruling was issued by Division Three Presiding Justice William R. McGuiness, joined in the ruling by Associate Justices Peter J. Siggins and Martin J. Jenkins  

The key legal issue for the jurists was that Alameda County Superior Court Judge Barbara J. Miller had lifted her earlier injunction against construction activities at the grove at the time she ruled last Thursday, ending the proceedings in her court. 

Had Miller not rescinded her earlier order, state law imposes an automatic 20-day stay to maintain the status quo while the appellate justices review the case.  

“Because there was no judicial stay in effect when the notice of appeal was filed, the statutory 20-day stay is not in effect,” the justices ruled. 

They rejected the arguments by Volker and Michael Lozeau that the university’s voluntary two-day promise to delay action meant a legal ban remained in place at the time at the time they filed their appeal. 

“We are disappointed with the District Court of Appeal’s ruling,” said Volker. 

The university was represented by attorneys Paul Fogel and Dennis Maio of Oakland. 

Meanwhile, the university has brought in a number of powerful floodlights mounted atop heavy wooden stands and aimed upward the redwood where the treesitters are holding out. 

During Friday morning’s oak-trimming action, one of the contract arborists worked for the university was struck in the head by a glass bottlewhich gashed his forehead between his eyes. 

While Mogulof said the bottle was intentionally thrown by a tree-sitter, Droog said it had fallen as the tree-sitters moved their belonging to a higher platform near the redwood’s crown.  

Michael Kelly, president of the Panoramic Hill Association, said the court decision “doesn’t influence our resolve to continue forward in the appeal process. In fact, in some ways it makes it more important.” 

Kelly said the legal issues raised in the appeal “go far beyond the trees,” and even should the trees fall, legal issues involving state earthquake and environmental statutes remain. 

“We are absolutely delighted” with the court ruling, said university athletic director Sandy Barbour. “The real winners here are the more than 400 student athletes who will finally get the safe and suitable facilities they need and deserve.” 

“It would be tragic for those beautiful old trees to be cut down,” and absolutely unnecessary, said Doug Buckwald director of Save the Oaks at the Stadium. 

Buckwald said a central issue was construction of “a huge new building ... right beside a dangerous earthquake fault. That is irresponsible and unsafe. We could use a dose of common sense here, and we hope that the courts will provide that as the case proceeds. 

“It is not over yet, not by a long shot,” he said. 

“The time has come for these people to come down and put an end to this dangerous and illegal occupation of university property,” said UC Berkeley Vice Chancellor Nathan Brostrom. ”They have had their day in court and failed to convince impartial judges that their protest had any legitimacy whatsoever." 

But the activists on the ground and in the branches above have vowed to continue their fight to save the trees, and the struggle that could become moot in the next few days. 

Treesit supporters have planned a candlelight vigil at the grove this evening through Sunday and again next weekend. 


BUSD, State Show Growth in API Scores

By Riya Bhattacharjee
Friday September 05, 2008 - 10:19:00 AM

At least 11 schools in the Berkeley Unified School District met their Academic Performance Index targets for 2008 according to the state’s 2007-08 Accountability Progress Report (APR) released by State Superintendent Jack O’Connell Thursday.  

The APR provides results from California’s Academic Performance Index (API) as well as the federal Adequate Yearly Progress (AYP) and Program Improvement (PI). Both the API and AYP are based upon the Standardized Testing and Reporting (STAR) Program and the California High School Exit Exam.  

According to data posted on the state Department of Education website, four other Berkeley public schools saw their API scores rise but did not meet the target.  

State data shows that Berkeley Unified received a API score of 760, up 14 points from its 2007 Base API score of 746, showing that the district was progressing toward the target of 800.  

The Base API is calculated using the results from spring 2007 testing. The API is a numeric index which ranges from 200 to 1000 with a statewide target of 800.  

“The new district writing program had an effect on the API and the new science program made a difference as well,” said Berkeley schools Superintendent Bill Huyett.  

Cragmont (API 842), Washington (API 783) and Rosa Parks (API 759) elementary schools made gains in their API scores.  

“If you consider that the API went down five points the previous year (2006-07), the gain of 45 points last year (2007-08) constitutes a 50 point turn-around, and every subgroup went up significantly,” said Don Vu, principal at Cragmont during 2007-08, who is now with the Berryessa school district. “I think that we did a much better job monitoring students who were struggling. We also made intervention classes after school smaller—five to seven students per teacher. More than half of the teachers worked in the after-school classes because the class sizes were so small and, in many cases, they were able to work with their own students.”  

Willard (API 745) and Longfellow Arts and Technology (API 783) middle schools saw a gain of 24 and 39 points respectively in 2007-08 compared to the five-point growth target required of them by the state.  

Martin Luther King Middle School (API 780) gained two points in the same time frame and fell below its five-point growth target.  

According to information on the state Department of Education website, Berkeley High School did not get a API score since it failed to test a significant proportion of students who were not exempt from testing in 2008 for at least one 2008 STAR content area.  

About 53 percent of the state’s schools made their API growth targets based on 2008 data, an increase of 8 percentage points from 2007. As a result, 36 percent of California schools are at or above the target of 800, up 5 percentage points from the year before.  

“I am particularly pleased that this year's API results show some narrowing of the achievement gap between students who are white or Asian and their peers who are African American, Hispanic, or learning the English language,” O’Connell said. “Because the API gives schools more credit for improvement made by the lowest-achieving students, it encourages educators to focus on improving the achievement of students who struggle the most.”  

African American students statewide increased their API this year by 14 points and Hispanic students increased by 17 points, while white students increased by 10 points and English-learner students increased by 14 points.  

O’Connell told reporters during a teleconference Thursday morning that although the results showed a positive trend in overall performance the state still faced a hurdle in closing the achievement gap.  

 

AYP results  

Results show that 52 percent of schools made AYP in 2008, a 15-percentage point decrease from 2007.  

The federal No Child Left Behind Act of 2001 requires that the state determine whether each public school and LEA (a school district or county office of education) is making AYP.  

Berkeley Unified did not meet AYP criteria for 2008 since it failed to have enough members in some of its student subgroups who were considered proficient in English-language arts or mathematics.  

Robert Bernstein from the California Department of Education said the Berkeley district had failed five different subgroups in English and two in math.  

“Overall, the proficiency level is great but there’s a huge difference between white students and their African American counterparts,” he said.  

The AYP target for the percentage of students expected to score proficient or above on state assessments increased nearly 11 percentage points from 2007 and will continue to rise each year to meet the federal requirements of the No Child Left Behind Act. In 2007 the state standard for performance was 24 percent, which increased to 35 percent this year. In 2009 it will be 45 percent. 

State educators said that fewer schools and LEAs made AYP in 2008 because of the increase in targets. The percent of LEAs making AYP decreased from 54 percent in 2007 to 39 percent in 2008. 

Under No Child Left Behind, each state defines what it considers to be proficient levels in English-language arts and math, and California—state Department of Education officials said—is known for having some of the most rigorous standards in the nation. 

Huyett said the district’s overall AYP score had gone up but added that the increase in the state’s proficiency levels was a big problem. 

“Originally we were in for participation but this year we are in for performance,” he said. “The state standard for performance went up dramatically and it will continue to rise steadily each year until 2014, when all students will be required to score at the proficient level in English and math.” 

Berkely Unified is in its third year of Program Improvement status. 

According to the state Department of Education, schools, school districts, and county offices of education that receive federal Title I funds and do not make AYP criteria for two consecutive years are identified for PI. Schools in PI are subject to a five-year timeline of intervention activities.  

Huyett said the district would be reviewing its curriculum and submitting a performance improvement plan to the state.  

“We have already adopted a new math program and are well on our way to develop a language arts program which we hope will make a difference,” he said.  

 

To view your schools API and AYP scores visit: www.cde.ca.gov/ta/ac/ap/index.asp  


Campus Rally Protests Long Haul Police Raid

By Richard Brenneman
Friday September 05, 2008 - 10:18:00 AM

Protesters—including Free Speech Movement veterans and a Berkeley city councilmember—gathered in Sproul Plaza Thursday to rally against the Aug. 24 UC Berkeley police raid on the Long Haul. 

Campus police, accompanied by an FBI agent and at least one Alameda County Sheriff’s deputy, raided the collective at 3124 Shattuck Ave. and seized every computer and data storage device in the building in a search for what Assistant UCPD Chief Mitch Celaya called threatening e-mails. 

“This was an illegal search and confiscation,” said Berkeley councilmember Kriss Worthington. “It’s pretty amazing that the UC Police Department can continually do things that are so stupid.” 

“In 1964, I spoke on top of a police car here,” said attorney Anne Fagan Ginger, referring to that memorable day Free Speech Movement activists surrounded a car that contained one of their own who had been arrested moments before. 

Ginger said the action against the Long Haul was of a piece with other university actions, including the continued presence at the law school of former Bush administration advisor John Yoo, whom Ginger described as a war criminal. Yoo provided the legal justification for the treatment of prisoners seized in Iraq and other places in a program that some have compared to the Night and Fog renditions by the Nazis during World War II. 

Another name from the 1960s was also present. Michael Tank has come to town as an organizer for the newly revitalized Students for a Democratic Society. Al Haber, the first president of the original SDS, was the founder of the Long Haul, and Tank helped organize the SDS chapter in Los Angeles, the first in the state in nearly four decades. 

“We need to change this university so that it serves the needs of the students, not the needs of those in power,” he said. 

SDS members protested increased fees during the UC Board of Regents meeting May 14, leading to the arrests of 16 who temporarily shut down the session with chants of “Regents, regents, can’t you see? You’re creating poverty!” 

Tank said he will begin organizing a local chapter in the near future. 

Some of the speakers were well-known to the half-dozen or so campus police officers who kept a close eye on the rally from the shade of the student union building. Many of the activists who have been supporting the treesitters at Memorial Stadium were on hand, including Zachary Running Wolf, the first of the treesitters and now a write-in candidate for mayor. 

Ayr, the coordinator of ground support for the treesitters, served as emcee for Thursday’s rally, introducing the speakers. 

The Long Haul serves as a gathering spot for a number of radical and anarchist groups, ranging from Bread Not Bombs and the East Bay Prisoner Support to the radical quarterly Slingshot. In addition, the building housed a computer room that provided unrestricted online access to anyone who sat down before a keyboard and screen. 

“It was the only space that offered free and unlimited access that I know of in this town,” said Ayr, who lead the crowd in a chant: “U-C-P-D, give us our computers back!” 

Another face from the past was Michael Delacour, one of the founders of People’s Park, the long-contested piece of university-owned land that remains a bone of contention struggled over by campus administrators and local activists. 

Delacour described the raid at the Long Haul as emblematic of a new wave of repression “that scares the living shit out of all of us” and reminded him of the worst days of the Red Scare of the 1950s. 

But the protest also brought a new set of younger faces, many of them adorned with piercings and tattoo ink and clad in chrome-studs and black. These were the anarchists who frequent the Long Haul and offer a cosmopolitan contrast to the tie-dyed and often be-sandaled set who have been supporting the tree-sitters. 


Chainsaws Level Memorial Stadium Grove

By Richard Brenneman
Thursday September 11, 2008 - 09:37:00 AM

UC Berkeley brought out the chainsaws Friday, and by the time their engines went silent Tuesday, the Memorial Stadium grove was gone. 

A state appellate court ruling Thursday cleared the way for the clear-cutting, which began Friday and continued through Saturday afternoon, leaving upright only one of the 41 trees scheduled to fall. Another tree is scheduled to be transplanted elsewhere on campus. 

The last tree to fall before the chainsaw was the redwood ascended by the first tree-sitter, Zachary Running Wolf, on Dec. 2, 2006. 

The four tree-sitters still aloft Tuesday had been confined to an ever smaller, ever higher section of the redwood, finally driven to a few remaining branches and their crow’s nest, fixed to the top of the redwood by a heavy plank. Running Wolf, who had descended months earlier, watched from the crowd, yelling in protest.  

The end came when a scaffolding contractor hired by the university surrounded the redwood with a metal framework starting at 8:37 Tuesday morning and rising, layer by layer, throughout the day as workers hammered sections into place and added prefabricated platform sections and stairway segments. 

The scaffold builders, wearing hard-hats with clear face masks, worked beneath three large fabric panels held overhead by three cherry-pickers run by university athletic department staff. 

One campus police officer said the panels were deployed to protect the workers from objects hurled by the tree-sitters. But the only objects hurled by the protesters were small objects with fishing line attached and aimed toward the crowd, perhaps in an effort to deploy heavier lines that could be used to escape from the double layer of fencing and two police lines standing between them and freedom. 

The effort failed when the line became entangled with overhead wires. 

By 11:30 a.m. Tuesday, the highest platform had reached the lowest level of branches remaining on the tree, with campus police simultaneously deploying along the median strip on Piedmont Avenue to contain the growing crowd of tree-sit supporters.  

Throughout the day campus police approached the tree-sitters from above and below. 

Campus Chief Victoria Harrison, accompanied by Assistant Chief Mitch Celaya and one or two other officers—one always recording with a video camera—took to the air in a rectangular metal basket suspended from a massive crane, attempted to talk the tree-sitters down. 

Occasionally other officers ascended in a cherry picker, pulling down supplies and belonging accumulated by the tree-sitters on their wooden platform about a dozen feet from the redwood’s crown. 

“They’ve been threatening us,” tree-sitter Huck told reporters over a cell-phone speaker late in the morning. “All we want is for the university to hold negotiations with the community” over future land-use decisions, he said. “Why should we compromise our values just because they’re threatening us?” 

The protester said the university was threatening both a forcible extraction and additional felony charges unless the tree-sitters agreed to come down peacefully. 

Throughout the day a percussive symphony of sounds accompanied the drama, spawned by the hammers of the scaffold builders, the impromptu drumming of the spectators on large cans and five gallon plastic buckets and the intrusive thrumming of the engines of news helicopters circling overhead. 

By noon, the scaffold had reached the tree-sitters’ platform itself, which was broken up and hurled to the earth to make way for a larger metal platform as the tree-sitters ascended to the final refuge. 

By 12:42 p.m. the platform had be ringed by a double railing, and a minute later the builders descended, replaced by campus police who deployed lines to link themselves to the railings as they began the final breakup of the wooden platform. 

At 12:54, the last sleeping bags were tossed over the edge, and at 1:01 p.m., the surrender began. 

“The tree-sitters agreed to come down because UC agreed to create a meaningful forum where the community can have meaningful input to UC development decisions,” announced Ayr, one of the most prominent supporters of the tree-sit. 

At 1:10 p.m., the first of the tree-sitters was on the ground, followed by a second three minutes later. 

Then the two remaining tree-sitters reversed their climb down, heading back to their perch. Finally, the third tree-sitter surrendered at 1:24 p.m., and the last, Huck, finally touched his bare feet to the earth at 1:33 p.m. 

By then, Berkeley Police had closed off the northbound lane of Piedmont, and campus police had pulled back their barricade, allowing the crowd to pour onto pavement. 

Throughout the final hours protesters had yelled at campus police, and on five occasions, officers resorted to arrests—once under a barrage of dry red dust hurled by protesters from the median strips.  

Moments after the final surrender, an impromptu assembly of musicians and drummers began to play, and a dozen or more spectators began to dance. 

 

University response 

Three hours later, four UC officials held a triumphant press conference in the Memorial Stadium’s Hall of Fame room. 

They spoke before a blue background screen lettered repeatedly in gold with “UC Berkeley.” 

The first order of business was a denial that the university made any concessions in exchange for the surrender. 

“There was no quid pro quo,” said university spokesperson Dan Mogulof. 

Vice Chancellor Nathan Brostrom agreed. “What was really holding us up was the lawsuit,” he said, referring to the litigation filed by the City of Berkeley, California Oak Foundation, Panoramic Hill Association and a collection of environmentalists and neighborhood activists. 

Alameda County Superior Court Judge Barbara J. Miller issued her finally ruling in the 19-month-long case on Aug. 26, ending the injunction that had barred the university from any construction activities—including tree-clearing. 

While the city declined to join the appeal, the other plaintiffs took the decision up to the Court of Appeal, also seeking an order that would reinstate the lapsed injunction. When the court rejected that move late last Thursday, the university was free to cut, and the saws fired up the next morning. 

Once most of the trees were gone, that way was cleared for Tuesday’s action. 

Harrison told reporters that, after the tree-sit began, she had contacted other police department across the country in search of techniques for handling the protest, “and quite frankly, we came up empty.” 

Harrison said the idea of using scaffolding arose “about three to four months ago,” but was impractical unless the surrounding trees were cleared, a move that couldn’t occur until the injunction had ended. 

Had the tree-sitters not surrendered when they did, Harrison said the scaffold would have continued to rise until it encompassed the entire tree. 

“That was the next step,” she said, adding that once the protesters were surrounded by the scaffolding she believed “we would be able to remove them.” 

Athletic director Sandy Barbour praised the police for their work, and said that now the tree-sitters were gone “the Student Athlete High Performance Center can become a reality,” thanks to “the passion of our fans and supporters” who will pay all the costs of a project now estimated to cost about $124 million. 

Brostrom acknowledged that legal questions remain. One issue still to be determined is just how much the university can spend on the next two planned phases of construction. 

While the way seems clear to building the four-level gym and office complex, just how much money the university can spend on the stadium itself remains in question. 

Judge Miller’s ruling indicated that the university would only be able to spend half of the building’s current market value. And considering that the gym is a sadly neglected, 85-year-old, seismically unsafe structure sitting directly over the Hayward Fault, that value could be well beneath the university’s own estimate, which is based on replacement value of a new structure built to modern earthquake codes. 

But Brostrom said that even with if the judge’s valuation prevails, the university would still be able to complete a seismic retrofit of the stadium’s western half, which overshadows the gym. 

Barbour said that while major construction work couldn’t begin until the football season ends Dec. 6, preconstruction work can begin immediately, and Mogulof told reports Monday that bid packages had gone out that day. 

 

Final action 

Tuesday’s final scene at the grove played out before a much smaller audience than the 400 or so who had been gathered for the final moments of the tree-sitters. 

At 4:43 p.m., a lone arborist, suspended by cable from a massive crane, had cinched a “choke” around the top of the redwood and fired up his chainsaw, A minute later, the crane was hauling off the section, laying it atop a pile of oak logs from the earlier tree-clearing.  

A second section was gone by 4:51 p.m., leaving only the massive base to cut. Once preparations were complete, the arborist was on the ground and ready to go. 

He fired up his saw at 5:15 p.m., and the last of the tree was gone, save for a small section of stump, by 5:18 p.m., its departure greeted with applause by a small audience of students who had gathered in the median. 

All that was left was a fringe of smaller trees along Piedmont Avenue. The massive oaks—including the one Native American protesters had dubbed Grandmother Oak—were gone, their branches and the smaller trunks digested by woodchippers and spewed out as mulch, and the heavier trunks piled up near the stadium and ready to haul away. 

The grove was gone, and with it a colorful chapter in Berkeley history. 

 

Another tree, another sit 

While Berkeley’s tree-sit is over, the University of California’s problems with tree-sitters continue. 

The day after Berkeley’s arboreal activists surrendered, supporters of another tree-sit in Santa Cruz e-mailed reporters to announce that another UC tree-sit continues. 

“After 10 months of occupying in 100-foot high redwood trees, tree-sitters at UCSC’s Science Hill are ready for students to return to school,” supporters announced. 

That protest, which began last Nov. 7, aims at protecting trees at another campus construction site, where the university plans to build a biomedical sciences facility.


Oakland Police Arrest 3 In Takeover Robbery Case

By J. Douglas Allen-Taylor
Thursday September 04, 2008 - 09:15:00 AM

Oakland police said Wednesday that they have made what they consider a major breakthrough in the city’s restaurant takeover robberies, announcing the arrest of three suspects following a Tuesday night takeover at K&T Nail Salon at 108th Avenue and Bancroft in East Oakland. 

Arrested following the robbery were 29-year-old Leon Lester, 30-year-old Rachaan Lamonthe and 20-year-old Shante Bostic. No cities of residence were released for the suspects, who remain in police custody. 

While no formal charges have yet been brought against the suspects, OPD says they believe the three were linked to the Aug. 4 robbery of Kerry House on Piedmont Avenue, the Aug. 22 robbery of Nomad Café on Shattuck Avenue, and the Aug. 24 robbery of Full Moon Seafood House at 20th Avenue and MacArthur. 

In addition, police say that at least one of the three arrestees was an “associate” of the two suspects earlier arrested for the July 16 Lamyx Tea Bar robbery (Lakeshore Avenue) and the July 18 El Torero Taqueria robbery (58th and International). How-ever, police said that there was no evidence at this time to connect the suspects to members of West Oakland’s Acorn Gang, who police believe were responsible for takeover robberies in the spring of this year. 

OPD Public Information Officer Jeff Thomason said that while “by no means is the investigation into the [current string of] takeover robberies over,” police believe “we have the key princials pals in custody.” 

There was no word as of press time as to whether any of the three suspects had retained counsel. 

Police officials said that following the 6 p.m. robbery at the K&T Nail Salon, police found an automobile nearby fitting the description of the getaway car, with ski masks, a firearm and items taken in the robbery inside. Officials said that this led to the subsequent arrests of Lester, Lamonthe and Bostic at another location. 

Deputy Chief Jeff Israel told a Wednesday afternoon press conference that it was “not just luck or happenstance” that led to the arrests, but that police had already suspected the three of involvement in the robberies “based on tips gained from the public.” Israel said that the information gained earlier in the investigation allowed police to quickly locate the suspects once the getaway vehicle was found. 

Also appearing at Wednesday’s press conference was Oakland Mayor Ron Dellums, who said he was “asking the residents of Oakland to continue to go about their lives normally and not let fear overtake us. We want to reassure residents that we will continue to make significant efforts until all of the culprits [in the takeover robberies] are brought to justice.”


East Bay Police Collaborating in Identifying Suspects

By Kristin McFarland
Thursday September 04, 2008 - 09:16:00 AM

The East Bay has been plagued by takeover-style restaurant robberies this summer, with 11 robberies in Oakland, one in El Cerrito, one in Hayward, one in unincorporated Castro Valley, and two in Vallejo. 

Commander Mike Regan with the El Cerrito Police Department said it’s possible that “a couple of groups” are committing the crimes. 

According to Oakland police spokesperson Officer Jeff Thomason, Oakland police are considering most of the Oakland robberies to be related crimes, committed by one or two groups of suspects.  

“There are similarities with all the robberies in Oakland,” Thomason said. “But we have ruled out some as unrelated.” 

Thomason could not disclose which robberies have been dismissed as part of the string, citing the need for investigative discretion.  

Thomason also said that Oakland robbery investigators are collaborating with investigators in other jurisdictions to determine if those robberies are related to the Oakland crimes. 

Most of the Oakland robberies have been committed by two or three adult men wearing hoodies and/or ski masks. That description matches the suspects in nearly all the takeover robberies from Vallejo to Hayward, leaving out more specific essentials like approximate ages or even heights. 

This pattern is clear in the first five Oakland restaurant robberies, committed on July 26, 27 and 28, and Aug. 4 and 5, in which victims describe similar actions and suspects. In each case, two or three suspects, wearing hooded sweatshirts and ski masks, invaded a restaurant when it was crowded with patrons, threatened employees with a gun and stole cash from the register and customers before apparently fleeing the scene on foot. 

At this point, police told the public that they were investigating all the robberies as a related series. 

Two weeks passed with no additional reported takeover-style robberies. 

The series began again with a restaurant robbery in the Rockridge district of Oakland on Aug. 18. In this case, two armed, hooded suspects entered Pasta Pomodoro restaurant when no patrons were present, taking money from the restaurant. 

Three days later, two armed men invaded a restaurant in Castro Valley, forcing restaurant employees and four patrons into a back room before robbing them and the restaurant. 

Oakland saw four takeovers from Friday, Aug. 22, to Sunday Aug. 24, three in restaurants and one in a nail salon. 

But with these later robberies, the pattern shifted, and while some of the crimes seem to fit the earlier model, witness reports show some discrepancies from the original description of the robberies.  

Witnesses at the Nomad Cafe and Mama Rosa’s Pizza, robbed on Aug. 22 and Aug. 23 respectively, reported that the criminals seemed younger, more inexperienced. 

Officer Thomason at OPD, however, disagreed, saying the actions of the criminals lend more to the recognition of a series than sometimes unreliable witness reports. For example, Nomad manager Justin Garland reported that the criminals were caught on security camera as they removed their masks before exiting the restaurant. Officer Thomason, however, said that the security camera footage did not reflect that claim. 

At both the Nomad and Mama Rosa’s robberies, two suspects again forced employees and patrons into the back of the restaurants before robbing them. 

The two latest Oakland robberies, both on Sunday, Aug. 24, turned violent. At Full Moon Seafood and A Royal Nail Spa in Oakland, two armed, masked men robbed employees, and in each robbery, one employee was struck with a pistol by one of the suspects. 

The same weekend, Vallejo saw two takeover robberies, but not of restaurants; a Hollywood Video store and a 7-11 convenience store were robbed on Friday, Aug. 22 and Saturday, Aug. 23. The Hollywood Video was robbed by three armed suspects in hooded sweatshirts and gray bandanas, who forced employees and patrons onto the floor before robbing them. Three armed, masked men robbed the safe of the 7-11 and pistol whipped an employee after the safe was opened. 

On Monday, Aug. 25, a restaurant in Hayward was robbed by two armed men, one of whom chased a female employee with a gun. Employees and patrons were robbed, by the suspects were unable to open the cash register and fled. 

On Tuesday, Aug. 26, two men, one armed, one masked, robbed a restaurant in El Cerrito. The suspects robbed two patrons, the employees and the cash register before fleeing. Mike Regan with the El Cerrito police reported that in working with other jurisdictions, they have determined that this robbery is “related to a couple of others,” but certainly not all of the other takeovers. 

Both the Oakland police and Mayor Dellums have called for public assistance in identifying the suspects.


Rough Arrest at KPFA Stuns Station, Community

By Judith Scherr
Thursday September 04, 2008 - 09:16:00 AM

All hell broke loose at KPFA Radio Aug. 20 when a station volunteer resisted Berkeley police, summoned by station management to remove her from the premises.  

Police were called to the studios at 1929 Martin Luther King Jr. to arrest Nadra Foster, whom management had banned from the station. The arrest turned violent, with as many as eight officers descending on the station and the pregnant five-foot-five-inch African-Ameri-can woman biting at least one of them. 

The original intent of the Pacifica Foundation—which holds the license to five community-sponsored radio stations—is aimed at resolving conflict peacefully. 

In a video that can be viewed at www.blockreportradio.org, Foster says station management should have used peaceful means to achieve its objectives.  

“As far as community stations, where we think we have progressive ways to peace, there are tools we should have used right away,” Foster said, likening management’s call to police to “having a fire and throwing kerosene on it.” 

“People at Pacifica are appalled at what happened,” Pacifica General Counsel Dan Siegel told the Planet by phone on Wednesday. 

An unpaid programmer for some 10 to 12 years and graduate of the apprenticeship program, Foster had been told by management that she could not enter the station after a verbal altercation in May over using station resources for private use, according to Tracy Rosenberg, local station board member and Media Alliance director. 

Foster has been a volunteer programmer at KPFA for a decade or more without any known incident before this year, Rosenberg said. 

In May, Foster was accused of using station copiers and telephones for personal use. In a statement to police, Pacifica Business Manager Lois Withers described the original incident in the following way: “On May 8, 2008 I asked her not to print personal documents using station resources. This was the second set of documents she printed before I said anything to her.”  

Arguing, Withers and Foster went toward the office of the Interim General Manager Lemlem Rijo, who Foster said would back her up and allow her to copy her documents.  

“We were walking towards Lemlem’s office when [Foster] stopped suddenly,” Withers said. “She pushed back against me forcefully so we were within an inch of each other. She was in my face, and kept yelling at me. She was yelling so loudly several people came out of their offices to see what was going on. At the time I was frightened ... I was afraid she might attack or hurt me ... She just kept getting louder and louder. I told her if she didn’t stop she would have to leave.” 

Withers concluded, “Based on this incident, Foster was banned from the station. Lemlem called her and e-mailed her regarding her ban.” 

But as Rosenberg tells it—Foster was not available for comment—there was never anything in writing. 

“She didn’t consider it official,” Rosenberg said, noting that Foster continued coming to the station to work on programming. Other staff, who gave access to the station to Foster on Aug. 20, apparently had not been informed about the ban. 

While various accounts of the incident say Foster was working on a radio show the day police were called to eject her, Siegel said Foster has not been involved in programming at the station for four months. 

In the police report, Withers says the incident began with KPFA staff person Kevin Beachem seeing Foster in an auxiliary studio “on the phone, on a personal call.” Beachem told Foster he needed to use the studio, but she replied that the call was important. Withers said she went to get a colleague, because she didn’t want to confront Foster alone.  

“I told Foster I wanted her to go to an office to talk to her, but she refused,” Withers statement to police says. “I told her she was not supposed to be here, and I told her why, because of the yelling, mailing personal letters, and using a studio phone for a personal call.”  

Withers said she asked Foster to leave and Foster refused. She confirmed her decision to call police with the human resource manager.  

“I called BPD to remove Foster,” she said. 

In a statement posted at www.assatashakur.org, Hard Knock Radio staff member Anita Johnson described the arrest.  

“When I return [from trying to get help] the police are still struggling with Nadra. They are trying to handcuff her and then throw her down on the concrete floor ... Nadra is screaming, ‘Stop, Help me, get off me. I’m pregnant.’ One of the officers has his knee on her groin. Another one is pressing her arms against her chest and his full body weight is top of her....” 

Johnson said she was photographing the arrest and was told to leave the scene by one of the officers. 

While both management and Foster supporters say police acted inappropriately, the police report describes a scene in which police were attacked. (A spokesperson for the police did not return calls for comment before deadline.) 

“Based on her refusal to leave, refusal to comply with my legal orders, and refusal to identify herself, I decided to handcuff Foster,” wrote Officer Alexandar McDougall in the Aug. 20 police report. He describes grabbing Foster’s left hand and Foster pulling away.  

“Officer [Erik] Keene grabbed her right hand, and she began to flail her arms and fight violently.” McDougall yelled at her to stop fighting and radioed for backup. “Officer Keene said, ‘Let’s go to the ground,’ and together we placed Foster on the ground” at which time she began yelling she was pregnant. “I was trying to pull Foster’s arm behind her back and she was trying to pull her hand underneath her body. When our hands got near her head, she leaned over and bit my right thumb. I was wearing gloves, but I felt an immediate sharp pain in my thumb.” The report continues to describe how Foster attempted to kick the officers. With additional officers on the scene, they handcuffed her then put her in restraints, took her to the hospital to have her wounds examined, and booked her at Santa Rita. 

An Aug. 22 e-mail to staff from Rijo says that while management called police to have Foster removed, “It is important for you to know that the Berkeley Police acted independent of direction from KPFA.”  

Rosenberg said calling the police in the first place was out of line. “My feeling is that this was a workplace dispute. It might involve a reprimand. No way do I see the gravity to call for banning or enforcement of the banning by lethal force,” she said. 

Foster’s supporters underscored the dangers of calling police when the suspect is African-American. 

Writing in the S.F. Bayview newspaper (no longer in print but on line at www.sfbayview.com) editor Willie Ratcliff, a former KPFA local station board member, writes, “How could managers [of a station] ... that proudly considers itself the most progressive in Northern California not know the dangers of calling the police on a young black person?”  

Weyland Southon, a Hard Knock Radio producer, said on air, as quoted by Rosenberg: “This is a place where we report on police brutality. This is a place where we hold the police accountable for wrongdoing. To bring the cops willingly into KPFA to deal with a situation like this was shortsighted. Situations like this get us killed.” 

Siegel agreed. “It seems the police overdid it. It’s not what I expect of the Berkeley Police Department,” he said. “I expect them to act in a reasonable, cautious manner.” 

Asked whether there was a procedure to let staff know if someone was banned from the station, Siegel said he thought that was an issue of privacy for the banned individual. “I don’t want to put them on a ‘no fly list,’” he said. “We try to deal with it in a sensitive way.” 

Rosenberg said another outstanding problem is that there is no grievance procedure for unpaid staff at the station. (After problems stemming from questions of who would be counted as “unpaid staff,” KPFA management last year decertified an organization that represented volunteers.) 

Resolving issues by calling the police is contrary to the network’s purpose, Rosenberg said. “Pacifica’s mission is about resolving conflict without the use of force.” 

KPFA managers say they want the charges dropped. “KPFA does not intend to press trespassing charges, and we are doing everything in our power to ensure the police charges are dropped,” said Rijo in an e-mail to staff. 

Siegel noted, however, that added charges related to the trespassing incident had escalated to resisting arrest. 

Siegel instructed KPFA management to refer press calls to him. 

On Aug. 22 Foster pleaded not guilty to charges that originally were felonies, but were reduced to misdemeanors involving trespassing, resisting arrest and battery on a police officer. The next court date is Sept. 22 in the Wiley Manuel Courthouse in Oakland.  

District Attorney Robert Hartman, charged with the case, was out of the office Wednesday when the Planet tried to contact him. 

KPFA Local Station Board Chair Andrea Turner said the board will discuss the incident at its Sept. 13 meeting, which begins at 11 a.m. at Café de la Paz, 1600 Shattuck Ave. Like others, Turner told the Planet she was concerned that rather than resolving the incident through dialogue, the call to police caused an escalation. 

Discussion of the issue is also slated to take place at a community meeting, 3 p.m. Sept. 7 at the Black New World, 836 Pine St., West Oakland.


Chef Blyden Reinvents Henry’s

By Riya Bhattacharjee
Thursday September 04, 2008 - 09:17:00 AM
Chef Eddie Blyden prepares spaetzle in Henry’s kitchen.
Riya Bhattacharjee
Chef Eddie Blyden prepares spaetzle in Henry’s kitchen.

When Chef Eddie Blyden took over Henry’s at the historic Hotel Durant last spring he brought more than spaetzle from Munich and deviled duck eggs from San Francisco along with him. He brought a bit of controversy as well. 

“I insisted on grass-fed beef from Uruguay, where the air is clean and the soil is fertile,” said Blyden, sitting at the popular campus sports bar at Durant and Telegraph, which was recently converted into the city’s first gastro-pub. “I want to celebrate the slow food movement by using sustainable produce from local organic farms as well as natural and free-range meat and poultry. My creations honor tradition, reflect the many cultures I have lived in and embrace the international tenor of the local neighborhood.” 

Blyden might be pushy about his beef but he wins you over the old fashioned way—with simple flavors that keep the integrity of the ingredients alive. 

“Like I keep saying over and over, ‘keep it simple’,” he said. “Food is like music. You can compose a simple song or a sophisticated symphony using the same musical notes. In the kitchen, you can combine herbs, flavors, colors and the best natural ingredients to create a snack or gourmet meal. All you need to do is allow the simple elegance of the food to shine through.”  

Born in Nigeria, Blyden and his seven siblings were raised on three continents by his father, a Harvard-educated diplomat from Sierra Leone, and his mother, a Columbia University graduate from Boston. “I remember smelling pilaf in the Soviet Republic when I was 10—the lamb, the garlic, the spices. I knew I wanted to be a chef at that very moment.” 

Blyden’s gastronomic journey—from his aunt’s tiny kitchen in Sierra Leone where he picked up West African recipes for jams and wines created from exotic tropical fruits such as carambola, guava, tamarind and sunarian cherries to the dining rooms of some of the world’s best restaurants in New York, Munich, Switzerland and the British West Indies—was as creative and deep as his love for natural healthy food. 

“Being in Berkeley reminds me of Switzerland,” Blyden said reminiscing about his stint at Nouvelle in Zurich. “The sense of community in both places is just amazing. The Swiss have this cold facade but underneath they are very liberal. You have underground night clubs and pot plants growing on your desk in Zurich. They love theater, the ballet and, of course, bikes—same as you do here.” 

In New York, Blyden worked with celebrity chef Terrance Brennan at the highly acclaimed Annabelle’s, former actress turned restaurateur Alison Price at Alison on Dominick Street, and David Bouley, who is synonymous with bringing four-star dining to Tribeca in the ’80s. 

Unable to resist the turquoise blue waters of the Caribbean, Blyden took over as executive chef of the Rendezvous Bay Hotel in Anguilla, which was soon followed by an invitation to launch the 21st Amendment restaurant in San Francisco’s trendy SOMA district. 

Blyden introduced crowd pullers such as lamb sliders and deviled duck eggs at the Magnolia Pub and the Alembic in Haight-Ashbury, taking a quick break to study the traditional use of roots and herbs in Chiang Mai, Thailand. 

His trip to Asia, Blyden said, “left an indelible mark on my craft, my heart and my imagination.” 

It’s a Wednesday evening at Henry’s, and the restaurant slowly starts filling up with regulars—mostly Berkeley old-timers who frequent the pub for its fine draft beers or a glass of Paul Dolan’s zinfandel. 

Henry’s cuisine—mainly gastro-pub—matches its decor. 

Its S+G spiced lemongrass-garlic frites with aromatic mayo is a far cry from your regular greasy pub fries, and Blyden updates the age-old American mac and cheese by adding sambal olek—an Indonesian chili condiment—with tomatoes and scallions. 

The unexpected winner, however, turns out to be the turmeric and ginger mushrooms, roasted in herb butter. 

The turmeric blends perfectly with the mushrooms—both ingredients giving off a potent earthy smell toned down by the hot butter. 

Flat-screen TVs and oak beams create a smart and sophisticated look, and yet there are enough nooks and corners all around to add a warm and inviting touch. 

A giant chalkboard hangs on the cream-colored walls, informing visitors about the weekly sports schedule and the accompanying drink specials. 

It’s the kind of place where UC Berkeley Bear fans can hang out for a pre- or post-game drink and seniors can take their dates, even if it’s just to impress them with imaginative concoctions like Gossip Girl—a sweet rum, cranberry, pineapple and orange juice cocktail named after the popular teen drama TV show. 

“I am sure Joe White, our mixologist, had something to do with it,” Blyden said laughing. 

“People ask me what kind of crowd do you have? And I say everyone,” he said. “Students, fellows from all over the world, locals—we are pulling people down from the hills. I don’t think the university put up a wall here. People have a mental picture that it’s close to campus so it must be for the university crowd—but no, this place is for everyone.” 

HENRY’S 

Breakfast: 7–10 a.m Monday through Friday. Lunch: 11:30 a.m.–2 p.m. Monday through Friday. Dinner: 5:30–10 p.m. nightly. The bar is open every day with all-day pub menu from 11:30 a.m. to midnight. Open for brunch on Saturdays and Sundays. 

2600 Durant Ave. 809-4132.  

www.henrysberkeley.com. 


Long Haul Activists Plan Rally at Sproul Plaza

By Richard Brenneman
Thursday September 04, 2008 - 09:17:00 AM

Supporters of Berkeley’s venerable Long Haul, angered by last Wednesday’s raid, plan to rally at Sproul Plaza today (Thursday) from 11 a.m. to 1 p.m. in the wake of the seizure of 13 computers and a collection of disc and hard drives from the group’s offices at 3124 Shattuck Ave. as police searched for the source of what they described as threatening e-mails. 

But just who will defend the Long Haul in the long haul remains an open question. “Everybody wants money,” said one group activist Friday. 

While the Electronic Freedom Foundation blogged about the incident, media coordinator Rebecca Jeschke said the foundation was unable to do more because of attention demanded by other cases. 

“Unfortunately, we’re a small group,” she said Friday. 

EFF blogger Hugh D’Andrade posted a commentary on Deeplinks, the EFF blog, declaring, “The seizure of media computers would appear to be a violation of the Privacy Protection Act, which says that the authorities are not entitled to ‘search for or seize any work product materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper [or] broadcast.’” 

The raiders seized the hard drive used by Berkeley Liberation Radio, an underground radio station as well as all the computers used by the Slingshot, a 20-year-old radical quarterly. 

In a notice posted at the newspaper’s website, Slingshot staff said that all the subscriber information was apparently safe because it is stored on another machine off-site. [See http://slingshot/tao/ca/] 

“Government seizure of Slingshot collective computers is a direct attack on freedom of the press and in particular, the independent, non-corporate alternative press,” the group declared. 

Mitch Celaya, assistant chief of UC Berkeley police and the department spokesperson, said Wednesday’s raid was the result of a campus investigation of threatening e-mails, though he wouldn’t identify the nature of the threats or their targets. 

Asked if the threats involved animal researchers, Celaya replied “not necessarily.” 

Also participating in the action at the Long Haul were representatives of the Federal Bureau of Investigation and the Alameda County Sheriff’s Office. 

Celaya said they were present “because they are members of the Joint Terrorism Task Force.” 

The task force operates under the aegis of the FBI and includes representatives of other federal agencies and state and local law enforcement. 

“We’re the lead agency, and we executed the search warrant,” Celaya said. “We are conducting the investigation into the threatening e-mails.” 

Forensic investigators are examining the computers and storage media, “and if the computers are not stolen and are found not to be percipient to criminal acts, then they can be released” at some point, he said, while anything containing criminal evidence would be kept by the investigators. 

Alan Haber, Long Haul founder and the first president of Students for a Democratic Society (SDS) in 1960, said the raid was the fruit of “a fascist legal system which should be overthrown.” 

Haber, speaking from his home in Michigan, said UC Berkeley Chancellor Robert Birgeneau “should resign because he allowed his police to do blanket searches.” 

As for the Long Haul’s current occupants, which include the Infoshop, East Bay Prisoners Support, Bread Not Bombs, the Needle Exchange, the Slingshot newsletter and Cycles for Change, “I hope they sue [the university’s] pants off, so they can used the money to send lots of kids to school.” 

The Infoshop is one of several nationally, part of an online network of activists, many of the anarchist persuasion, and serves as a focal point for activists focused on a range of issues. 

Among the items seized in last week’s raid was Berkeley Liberation Radio’s hard drive, containing files maintained by the underground radio station, which has been the target of repeated actions by the Federal Communications Commission. 

While the search warrant mentioned only the Infoshop, police seized all computers, discs and data storage media used by all the groups inside the building, which civil liberties attorney James B. Chanin said could raised serious legal problems for the police. 

The largest collection of hardware was located on the loft at the rear of facility, where a collection of computers was freely available for anyone who needed access to the online world. “We get homeless people and people who can’t afford computers,” said Long Haul activist Greg Horton. 

Meanwhile, the Long Haul has issued a call for hardware donations, and are seeking PCs and Macs—the former preferred-less than five years old. Dropoffs are welcome between 6 p.m. and 9 p.m. weekdays and between 3 p.m. and 9 p.m. weekends. 

A notice posted at the Long Haul Tuesday also called for volunteers to gather at 6 p.m. Wednesday to prepare signs for the protest. 

 

 


Berkeley School Board Race Gets Under Way

By Riya Bhattacharjee
Thursday September 04, 2008 - 09:18:00 AM

With two months left to go for the November municipal elections, candidates for the Berkeley Board of Education are pushing for endorsements and mobilizing supporters through fundraisers, campaign kick-offs and campaign websites. 

One incumbent and three newcomers will compete for the two available seats on the five member school board. 

 

John Selawsky 

Born in Brooklyn, two-term incumbent and School Board Chair John Selawsky graduated from the University of Massachusetts Amherst with a B.A. in urban education. 

Selawsky, a writer and editor, works at the downtown Berkeley YMCA and supervises the youth program Childwatch. 

Married to Berkeley Rent Board Commissioner Pam Webster, Selawsky has lived in Berkeley for 21 years and has a son, Peter, who attended the Berkeley public schools and is currently at Occidental College in Los Angeles. 

Selawsky was appointed to the Community Environmental Commission in 1995 by the late councilmember Dona Spring, serving until 2000, and was subsequently elected its chair for two terms. 

He has also served as co-chair of the Planning and Oversight Committee, co-chair of People’s Park Advisory Board and been a member the Audit Committee, the Policy Subcommittee, the 2x2 Committee with the City of Berkeley and the music and arts committees for the Berkeley Unified School District. 

A familiar face at community meetings, Selawsky also defended Berkeley Unified’s student assignment plan in the California Superior Court, pushed for the solarization of Washington Elementary School, co-founded the Safe Routes to Schools Committee in 2003 and worked with the LGBTQ community to include LGBTQ students and their families in Berkeley Unified’s nondiscrimination policy. 

Selawsky also worked with the district’s East Campus neighbors and Berkeley High to find a solution for the contentious Derby Street baseball field plan and was part of the district team that successfully gained International Baccalaureate certification for Berkeley High School. 

During his first term as school board member, Selawsky helped to improve the district’s budget and later went on to guide the Berkeley Adult School’s move to San Pablo Avenue. 

“I’m running for re-election because I have energy and enthusiasm, and I believe I have been an effective boardmember,” Selawsky said. “I bring a lot of experience, skills, and knowledge to the board, and particularly now in tight economic times and the uncertainty of state and other funding my fiscal and operational experience is essential in maintaining financial solvency and systems and operational integrity for the district. I have many accomplishments and much work still to be done.” 

Selawsky, recently endorsed by the Sierra Club, County Superintendent of Schools Sheila Jordan and School Boardmembers Shirley Issel, Nancy Riddle and Joaquin Rivera, said he hopes to focus on improvements and reforms throughout the district, particularly closing the student achievement gap and building safe and secure school campuses. 

He also wants to solarize half the district’s schools over the next five years and strengthen the district’s arts and music programs. 

Selawsky will be sharing his campaign headquarters at 2030 University Ave. with City Council candidate Jesse Arreguin and is in the process of updating his website. 

 

Priscilla Myrick 

An active mother of two, Myrick is a long term Berkeley resident and has worked in the Bay Area biotech industry for four years. 

After graduating in religious studies from UC Berkeley, Myrick obtained her MBA in finance and accounting from Columbia University. 

She is a founding committee member of the Association of Bioscience Financial Officers and has served on the Berkeley High School Governance Council and School Site Council, the Berkeley High School Site Plan Subcommittee and the Superintendent’s Advisory Committee for Small Schools. 

Myrick described herself as the proud parent of two Berkeley High graduates who decided to apply her financial management skills to the nonprofit and education worlds. 

She helped establish a nonprofit that brought a writing coach program to Berkeley secondary school students, and she volunteers as a literacy coach at Berkeley High, King and Longfellow middle schools. 

As a board member and treasurer with Building Opportunities for Self-sufficiency (BOSS) from 1999 to 2003, Myrick helped local homeless families and youth. 

“I first became involved in Berkeley public schools years ago, when I was invited to join the Citizens’ Budget Oversight Committee for the Berkeley Unified School District,” Myrick said. “But volunteering in the classroom taught me more about the needs of students than any finance committee. It’s hard to see teachers pay for pencils out of their own pockets while district resources often aren’t well managed. That experience, coupled with the never-ending budget crunch for public schools across California, has convinced me of the need for someone with fiscal management strength on our school board.” 

If elected, Myrick hopes to make significant gains in closing the achievement gap by supporting and strengthening programs that work to raise literacy and math proficiency levels for all students, constructing adequate classrooms—especially at Berkeley High—and improving school board accountability for spending decisions and fiscal management, among other things. 

Myrick’s list of endorsements include Councilmembers Betty Olds and Gordon Wozniak, former City of Berkeley mayor Shirley Dean, former School Board President Elizabeth Shaughnessy and Susan P. Helmrich, co-president, Berkeley High School Development Group. 

 

Beatrice Leyva-Cutler 

An outspoken parent and community leader, Leyva-Cutler was born and raised in San Francisco and has been the executive director of the Bay Area Hispanic Institute for Advancement (BAHIA) for the past 20 years. 

Leyva-Cutler received her Master of Arts in Human Development from Pacific Oaks College and has lived in West Berkeley for 15 years. 

She has worked at BAHIA, which provides bilingual care to a diverse community of families in Berkeley, for 28 years and has taught child development in Spanish at local community colleges to help more Latinos find jobs in education. 

“I have seen through my involvement with BAHIA, Latinos Unidos de Berkeley and United in Action that the only way we can improve the quality of education for all of Berkeley’s children is to be on the Berkeley School Board,” said Leyva-Cutler, who works primarily with children and families in Berkeley. 

Leyva-Cutler described herself as a proud Latino mother and stepmother of two children and an energetic grandmother. 

“My accomplishments are simple,” she said. “My parents and many generations of my family members never finished elementary school. I am very proud that my daughter is now a second-generation college graduate in our family, and that I have a son who is a senior and looking ahead to college. I am proud of who my children are, considering that I have raised my children as a single mom for most of their lives. I have always put family first—even with my demanding work schedule and community work.” 

According to Leyva-Cutler, her children have always seen her engaged, active, involved and committed to education, children, youth and families. 

“They find me going to demonstrations, late night meetings, mentoring, being part of organizations and grassroots progressive groups that prioritize children and youth,” she said. 

“And they have heard themselves what a difference I have made in the community, what a difference BAHIA has made in the lives of many children now adults, and those who are now parents. I share the pride of many early childhood educators that embrace a child at a young age and never ever forget them—and take special pride, when they come back to their child care center, and want only our teachers to care for their children. This speaks volumes about early memories and the impact quality early care and education makes in the lives of children.” 

Leyva-Cutler wants to see the 2020 Vision, recently adopted by both Berkeley Unified and the City of Berkeley, implemented to address the achievement gap. 

She said she also wants to create open communication between homes and schools, teachers and parents, and to build opportunities for professional and educational advancement for youth, teachers, parents and taxpayers. 

Leyva-Cutlers endorsers include the sole endorsements of the Berkeley Federation of Teachers and United in Action, the John George Democratic Club, Mayor Tom Bates, Assemblywoman Loni Hancock, and Councilmembers Laurie Capitelli, Max Anderson and Linda Maio. 

 

Toya Groves 

The mother of three young children who attend the Berkeley public schools, Groves is a south Berkeley resident and works as a case manager for teens at Berkeley Youth Alternatives, which serves at-risk youth in South and West Berkeley. 

A graduate of UC Berkeley in African American Studies, Groves majored in Women’s Studies at the New College of California. 

Groves studied in Barbados under former School Board Member Pedro Noguera, where she learned about the vast differences in literacy rates among the Caribbean countries and the United States. 

She is the author of the book Don’t give it up! a handbook for students and parents, and owns Cleva Clothes Boutique in Berkeley. 

Groves also taught seventh-grade language arts and social studies to primarily English language learners and at-risk youth from the Latin and African American communities at Lighthouse Community Charter School in Oakland. 

“Being a teacher in Oakland allowed me to see firsthand the plight of students who do not meet the standards set by No Child Left Behind while also forcing me to use clever teaching methods that were always changing to engage students and inspire them to learn,” she said. “I also became familiar with the low teaching wages and the struggle between maintaining a quality family life and pursuing a career that I loved. My experience in community organizing stems from the desire to preserve traditional values and hard working communities often uprooted by gentrification.” 

Groves also formed the Four Corners Association to save Kandy’s Car Wash, a black-owned business in South Berkeley and lent an active voice at Berkeley’s zoning commission meetings to talk about the issue. 

“Using the South Berkeley Area plan empowered our efforts,” she said. “However, we lost and the car wash closed. I am a community advocate who stands for the past, present, and the future. I value tremendously the idealistic and revolutionary ways that Berkeley was built upon by supporting the true meaning of diversity and community upliftment via government and education.” 

Groves said her community work highlighted current problems such as educational retention and deficiency, rising juvenile crime rates, fair treatment of blue collar workers, and affordable housing. 

“The work we do today directly reflects the future,” she said. “I am open to all new and innovative ideas that support our youth to grow into future world contributors.” 


School District Working to Meet Water Reduction Goal

By Riya Bhattacharjee
Thursday September 04, 2008 - 09:18:00 AM

The Berkeley Unified School District has not yet met the 9 percent water reduction goal set by the East Bay Municipal Utilities District in May but is working with the agency to install water-saving devices in the city’s 16 public schools, district officials said. 

The East Bay Municipal Utility District’s Board of Directors issued emergency restrictions on water use more than three months ago and adopted a drought management plan to reduce water use by 15 percent to combat the Sierra Nevada’s languishing reservoirs. 

District Superintendent Bill Huyett said Berkeley Unified had started water audits even before EBMUD asked for mandatory reductions. 

“We go out to each school and do a water inventory,” he said. “We especially look at our water sprinklers and retrofitting. Conserving water is certainly a big concern, along with a lot of other concerns. We are bracing for water reductions and are hoping the audits will give us some answers.” 

Water audits help institutions get a grasp on their water consumption and whether everything is functioning properly without wasting water, the district’s Director of Facilities Lew Jones said, adding that it was too early to provide good data from the audits. 

“We will be sending out customer service representatives to work with the schools,” East Bay MUD spokesperson Brian McCrea said. “They will carry out surveys for any other leaks and water waste and give advice about landscaping and how they can cut back water. Sometimes, if we notice a sudden spike in water usage in certain institutions, we will get in touch with them and follow up. We also have an arrangement in place for schools in which they can claim that they are being unfairly burdened and can choose to do self audits.” 

McCrea said EBMUD, which provides water to over 1.2 million customers in the eastern portion of the San Francisco Bay Area, allocated water to school districts based on their water usage for the past three years. 

A Public Records Act request to East Bay MUD revealed that the 18 school districts in Alameda County had consumed 23,214,180 more gallons of water last year compared to 2005. 

In 2005, water consumption of the school districts in Alameda County was 428,491,052 gallons, which rose slightly in 2006 and then shot up to 451,705,232 gallons in 2007. 

EBMUD officials said the agency did not track water usage by schools during normal business hours. 

“We have a subcategory within our commercial classification category where we include schools and libraries,” said EBMUD spokesperson Jeff Becera. “If we need to, we can look at their history and their accounts.” 

The Planet has yet to receive any information from the EBMUD Office of the Secretary in response to a Public Records Act request made more than a month ago to obtain records of Berkeley Unified’s water usage and that of its specific school sites for the past three years. 

Jones said Berkeley Unified’s water usage has been fairly consistent for the last three years. 

“Overall the pattern is consistent, with some schools using a little more and some using a little less,” he said “There are always variances in the summer, depending on which schools host summer school, city programs, YMCA programs and the Extended Day Care programs.” 

He added that the district had not calculated how much water East Bay MUD had allocated it over the past three years. 

The Berkeley Unified School District did not respond to the Planet’s request for the district’s water bills—which, beginning in August, will include the allocation—for the past three years. 

EBMUD board member Andy Katz said schools should aim to reduce indoor water use by 9 percent and outdoor watering by 30 percent, the amount required of irrigation customers. 

“EBMUD would consider limited exceptions on a case-by-case basis, but schools would have to show why conservation is not possible,” he said. 

“Our schools can conserve a significant amount of water and meet water conservation goals by watering no more than every other day or less, reducing watering time and watering only in the evening.” 

Berkeley Unified is currently working with grounds staff and school sites to educate them about water conservation, Jones said. 

The district saw a record rise in kindergarten enrollment in the new school year, which prompted district officials to add four new classrooms. 

“Our employees have always been instructed to use water efficiently, and will continue to avoid waste, understanding that the fields and other athletic spaces are a part of our students’ overall educational experience and need to be maintained,” district spokesperson Mark Coplan said. “We use drought-tolerant plants in our landscaping wherever possible, and our garden programs have always promoted environmental values through drip irrigation and other efficient methods.” 

Berkeley Unified has 10 permanent groundskeepers and four temporary ones during summer, Jones said. 

Water uses prohibited during drought emergency include watering lawns, gardens, or landscaping in a manner that causes excessive flooding and using East Bay MUD potable water for construction or soil compaction and dust control if feasible alternative sources exist. 

All water for construction will required a permit issued by East Bay MUD. 

“The irrigation technician is making adjustments per East Bay MUD suggestions,” Jones said. “We have also tested a Water Smart irrigation controller at the Berkeley Adult School and that works well. We will begin phasing in Smart Irrigation Controllers at other sites.” 

Smart Irrigation Controllers, EBMUD officials said, are tied to weather stations to make adjustments to irrigation without user intervention. 

Berkeley Unified is also installing the newest level of low-flow aerators on any faucet or fixture that is currently without it. 

“Construction projects routinely install water-saving devices, and sidewalks get addressed in the irrigation part of the audit,” Jones said. “Water usage is often required at construction sites to reduce dust. We cannot require reductions in water use without increasing dust.”


New Athletic Director for Berkeley High

By Riya Bhattacharjee
Thursday September 04, 2008 - 09:19:00 AM

Saeed Olushegun, a former softball coach and math teacher, was named Wednesday as Berkeley High School’s athletic director to succeed Kristin Glencher, who was promoted to vice principal. 

Olushegan was the athletic director at Largo High School in Maryland and has taught in the Prince George’s County Public Schools in Maryland and the District of Columbia Public Schools.  

He has a bachelor’s degree in accounting from Howard University and a master’s degree in education from American University.  

Olushegan, who recently moved to California with his family, will be responsible for inter-scholastic athletics—including 28 varsity sport teams, 60 teams and 1,000 student athletes—over three seasons. 

The Berkeley High athletic director also supervises coaches, oversees the budget—a total of $220,000 from the general fund and $30,000 from outside contributions, primarily the Berkeley Athletic Fund—and schedules games and practices. 

“We are really pleased,” said Glencher. “He’s intelligent, experienced and passionate and will bring his knowledge to our teams.” 

Glencher said the athletic director’s position was equivalent to a teaching position at Berkeley High and offered a payscale of $40,000 to $60,000, depending on experience. 

A panel is responsible for interviewing the candidates and Principal Jim Slemp makes the final decision, she said. 

As vice principal, Glencher herself will be responsible for overseeing the South of Bancroft project at Berkeley High, which includes relocating the warm water pool, demolishing the Old Gym and building new athletic facilities and classrooms and a new stadium. 

“I am going to miss being around the kids, but I view this as a great opportunity,” she said of her new position. 

Olushegan could not be reached for comment before press time. 

 

 

 

 

 


Citizen’s Group Calls Meeting to Discuss Sunshine Ordinance

By Riya Bhattacharjee
Thursday September 04, 2008 - 09:19:00 AM

The citizens’ group working on an alternative version of the Berkeley city attorney’s draft sunshine ordinance—which promises greater access to open government—will hold a public meeting at the Lutheran Church of the Cross Sept. 9 to get community input on their recently released document. 

The group spent the better part of the summer crafting the draft after the Berkeley City Council in April postponed the public hearing on the city attorney’s draft ordinance and granted the group a 90-day extension to complete its work. 

City officials have been working on a local sunshine ordinance since 2001, when at the request of Councilmember Kriss Worthington the City Council asked the city manager’s office to look into improving the city’s sunshine policies, including the adoption of an ordinance.  

“A draft ordinance was drawn up by former City Attorney Manuela Albuquerque but was deemed unsatisfactory by many,” said Dean Metzger, a spokesperson for the group. “So, concerned Berkeley citizens with widespread public support volunteered their help.” 

This informal 10-member group—consisting of neighborhood leaders, political advocates, lawyers, members of the League of Women Voters, commissioners, former city officials and a former Berkeley mayor—worked with dozens of interested citizens to form a 34-page draft Sunshine Ordinance, which was turned over to the City Council for review Tuesday. 

Hundreds of e-mails were exchanged among community members—both political “insiders” and “outsiders”—who signed up through a public process. 

Metzger said the group’s advisers included public interest lawyer Terry Francke from Californians Aware and experienced sunshine advocates from San Francisco, Oakland and San Jose. 

“We are at a point where we need to finish it,” he said. “We are calling it the formal draft and leaving the draft part in there. We want to see if anyone has major problems or major good ideas that we missed and make the final changes before we submit it to council in October.” 

Local sunshine ordinances, members of the citizens group said, strengthen the provisions of California’s Brown Act and Public Records Act to further protect public participation in democracy. 

The draft, Metzger said, attempts to maintain a critical balance between democratic participation and governmental flexibility. 

“Information is power, and the purpose of any sunshine ordinance is to maximize the flow of information in the democracy—downward, from government to citizens, by minimizing secrecy; and upward, from citizens to decision makers, by maximizing public input,” a separate document summarizing the draft said. 

“The challenge is to accomplish these goals in a way that is fair to all participants and does not obstruct legitimate government business. We feel it is important to encourage political participation by maintaining courtesy in public processes. Clear, fair rules, with means of redress, help to do this.” 

The draft points to the lack of enforcement as the Achilles heel of all sunshine ordinances, and emphasizes that one of the goals of a sunshine commission is to head off lawsuits by raising awareness, integrating sunshine into public processes and gradually changing the culture of government. 

The summary states that the “sunshine ordinance must be specific enough that violations are legally clear, which necessarily occurs at the cost of brevity and some flexibility.” 

Members of the group have stressed from the very beginning that unless sunshine laws are enforceable in court they are completely meaningless. 

The draft ordinance facilitates enforcement by placing the burden of judicial redress upon a sunshine commission—which will enforce the ordinance—and the City of Berkeley, but adds that the essence of the ordinance is to be proactive and to help citizens and government work together more constructively. 

 

Meetings 

• Assures that meetings take place when and where people are most able to attend. 

• Keeps decision making in the open, and gives the public the right to know how their representatives voted in closed sessions. 

• Requires frequent enough City Council meetings so that meetings adjourn around 11 p.m. 

• Provides an orderly, predictable, and efficient structure for council meetings, while accommodating public participation protected by the Brown Act. 

• Ensures adequate time for decision makers to hear from the public and study relevant information before voting on an issue. 

• Permits the public to place items on the agendas of the City Council and commissions with 25 signatures. 

• Provides fair but flexible public comment opportunities at all meetings, while generally allowing city commissions to decide their own procedures. 

• Informs citizens about the significant activities of their representatives on regional agencies. 

• Creates a Community Engagement Process that assures public input on projects of citywide impact, such as budgets, area plans, and city-university relations. 

 

Access to information 

• Designates staff and organizes records to assist with public information requests. 

• Guarantees timely access to public information, and minimizes delay and cost of obtaining copies of important documents. 

• Prohibits arbitrary withholding and redaction of city documents requested by the public. 

 

Implementation 

• Establishes an independent, appointed Sunshine Review Commission, with protections against influence by the City Council, city officials, and others. 

• Authorizes the commission to work proactively with staff and decision makers to improve public processes, noticing, and access to information. 

• Requires timely rulings by the commission on alleged sunshine violations, and provides penalties for violations in accord with existing Berkeley and state law. 

• Provides a legal budget for the commission to bring enforcement actions, and minimizes financial risk for individuals seeking to address violations. 

Public meeting 7–9:30 p.m. Tuesday, Sept. 9, at the Lutheran Church of the Cross, 1744 University Ave. For a copy of the Sunshine Ordinance, e-mail Metzger at drm1a2@sbcglobal.net or see www.berkeleydailyplanet.com. 

 


Berkeley Sunshine Ordinance: Summary

Thursday September 04, 2008 - 09:21:00 AM

Berkeley Sunshine Ordinance ---- Draft, September 2008 

viewable at www.berkeleydailyplanet.com 

 

“Power Through Information” 

 

The Process 

 

For many years, Berkeley citizens and City Council members have encouraged the City to develop and adopt a sunshine ordinance. Local sunshine ordinances strengthen the provisions of the state’s Brown Act and Public Records Act, to further protect public participation in democracy. A draft ordinance was drawn up by former City Attorney Manuela Albuquerque, but was deemed unsatisfactory by many. So concerned Berkeley citizens, with widespread public support, volunteered their help. 

 

An informal sunshine ordinance working group of about ten people, with regular input from dozens of interested Berkeleyans, and the support of thousands, has produced a draft Sunshine Ordinance, now in the process of review by citizens and the Council. The working group includes members with widely diverse views, including both political “insiders” and “outsiders.” Among them are neighborhood leaders, political advocates, lawyers, members of the League of Women Voters, experienced commissioners, former City staff, and a former Berkeley mayor. Advisors include public interest lawyer Terry Francke from Californians Aware (www.calaware.org), and experienced participants in sunshine and ethics activities of cities like San Francisco, Oakland, and San Jose. 

 

Major Challenges and Solutions 

 

Information is power, and the purpose of any sunshine ordinance is to maximize the flow of information in the democracy—downward, from government to citizens, by minimizing secrecy; and upward, from citizens to decision makers, by maximizing public input. The challenge is to accomplish these goals in a way that is fair to all participants and does not obstruct legitimate government business. We have attempted to maintain this critical balance between democratic participation and governmental flexibility. In addition, we feel it is important to encourage political participation by maintaining courtesy in public processes. Clear, fair rules, with means of redress, help to do this. 

 

Lack of enforcement is the Achilles’ Heel of all sunshine ordinances. One goal of a sunshine commission is to head off lawsuits by raising awareness, integrating sunshine into public processes, and gradually changing the culture of government, but no commission can overrule a municipal government that violates an ordinance. In the end, sunshine ordinances must be enforceable in court, or they mean nothing. 

 

Therefore, the sunshine ordinance must be specific enough that violations are legally clear, which necessarily occurs at the cost of brevity and some flexibility. In addition, the ordinance must address the fact that the burden of taking legal action is a barrier to enforcement. This ordinance facilitates enforcement by placing the burden of judicial redress upon the Commission and the City. However, the essence of the ordinance is to be proactive and to help citizens and government work together more constructively. 

Sunshine Highlights 

 

Meetings 

 

∑ Assures that meetings take place when and where people are most able to attend. 

∑ Keeps decision making in the open, and gives the public the right to know how their representatives voted in closed sessions. 

∑ Requires enough City Council meetings so that meetings adjourn around 11:00 PM. 

∑ Provides an orderly, predictable, and efficient structure for Council meetings, while accommodating public participation protected by the Brown Act. 

∑ Ensures adequate time for decision makers to hear from the public and study relevant information before voting on an issue. 

∑ Permits the public to place items on the agendas of the City Council and commissions with 25 signatures. 

∑ Provides fair but flexible public comment opportunities at all meetings, while generally allowing City commissions to decide their own procedures. 

∑ Informs citizens about the significant activities of their representatives on regional agencies. 

∑ Creates a Community Engagement Process that assures public input on projects of citywide impact, such as budgets, area plans, and City-University relations. 

Access to Information 

 

∑ Designates staff and organizes records to assist with public information requests. 

∑ Guarantees timely access to public information, and minimizes delays and costs of obtaining copies of important documents. 

∑ Prohibits arbitrary withholding and redaction of City documents requested by the public. 

Implementation 

 

∑ Establishes an independent, appointed Sunshine Review Commission, with protections against influence by the City Council, City officials, and others. 

∑ Authorizes the Commission to work proactively with staff and decision makers to improve public processes, noticing, and access to information. 

∑ Requires timely rulings by the Commission on alleged sunshine violations, and provides penalties for violations in accord with existing Berkeley and state law. 

∑ Provides a legal budget for the Commission to bring enforcement actions, and minimizes financial risk for individuals seeking to address violations. 


FINAL DRAFT: CITY of BERKELEY SUNSHINE ORDINANCE

Thursday September 04, 2008 - 09:20:00 AM

FINAL DRAFT 

CITY of BERKELEY 

SUNSHINE ORDINANCE  

Creating Chapter 1.30, Berkeley Municipal Code 

Establishing Local Standards to Ensure 

Public Access to Public Meetings and 

Public Records 

 

 

 

 

 

 

 

BERKELEY SUNSHINE ORDINANCE CREATING CHAPTER 1.30 ESTABLISHING LOCAL STANDARDS TO ENSURE PUBLIC ACCESS TO PUBLIC MEETINGS AND PUBLIC RECORDS  

 

 

Berkeley Sunshine Ordinance 

Contents 

Page 

1.30.000 Title of Chapter ----------------------------------------------------------------------------- 1 

1.30.001 Findings --------------------------------------------------------------------------------------- 1 

1.30.002 Purpose ---------------------------------------------------------------------------------------- 1  

1.30.003 Applicability --------------------------------------------------------------------------------- 1 

1.30.004 Definitions ------------------------------------------------------------------------------------ 1 

Article 1: Meetings 

1.30.005 Meetings to be Open ------------------------------------------------------------------------ 5 

1.30.006 Time, Place, and Frequency of Meetings ------------------------------------------------ 5 

1.30.007 Submitting Items for the Regular Meeting Agenda ------------------------------------ 6 

1.30.008 Meeting Documents Submitted by Members of the Public --------------------------- 7 

1.30.009 Posting of Draft Agendas for Regular Meetings --------------------------------------- 8 

1.30.010 Posting of Final Agendas for Regular Meetings---------------------------------------- 8 

1.30.011 Distribution of Final Agenda and Agenda Packets for Regular Meetings ---------- 9 

1.30.012 Agenda Content ----------------------------------------------------------------------------- 9 1.30.013 Action Requirements for all Legislative Bodies ---------------------------------------- 10 

1.30.014 City Council Agenda Sequence ----------------------------------------------------------- 10 

1.30.015 Public Comment and Disclosure at Open Meetings ------------------------------------ 11 

1.30.016 Public Comment and Disclosure at Public Hearings ----------------------------------- 11 

1.30.017 Speech Rights of the Public at Meetings ------------------------------------------------ 13 

1.30.018 Breaks During Item Discussions --------------------------------------------------------- 13 

1.30.019 Closed Sessions ----------------------------------------------------------------------------- 14 

1.30.020 Special Meetings ---------------------------------------------------------------------------- 15 1.30.021 Emergency Meetings ----------------------------------------------------------------------- 15 

1.30.022 Reporting Requirements for Meetings of Regional and Other Agencies ----------- 16 

1.30.023 Special Community Engagement Process ----------------------------------------------- 16 

1.30.024 Audio or Video Recording and Broadcasting of Meetings ---------------------------- 17 

1.30.025 Meeting Minutes ---------------------------------------------------------------------------- 18 

 

Article 2: Access to Public Records 

1.30.026 Training and Direction to City Staff ------------------------------------------------------ 18 

1.30.027 Posting of Information ---------------------------------------------------------------------- 19 

1.30.028 Public Review File --------------------------------------------------------------------------- 20 1.30.029 Public Records Index ------------------------------------------------------------------------ 20 

ii 

 

Berkeley Sunshine Ordinance 

Contents (Continued) 

 

1.30.030 Records of Officials; Appointment Calendars; statement of Economic Interest ---- 21 

1.30.031 Contributions to the City -------------------------------------------------------------------- 21 

1.30.032 Reports of Lobbing ------------------------------------------------------------------------- 22 1.30.033 Types of Information Accessible by the Public ----------------------------------------- 22 

1.30.034 Access to Electronic Records -------------------------------------------------------------- 25 

1.30.035 No Public Interest Test or deliberative Process privilege ------------------------------ 26 

1.30.036 Process for Obtaining Records ------------------------------------------------------------- 26 

1.30.037 Request for Waiver of Confidentiality ----------------------------------------------------- 27 

1.30.038 Fees for Records ------------------------------------------------------------------------------ 28 

 

Article 4: Complaints, Violations and Enforcement 

1.30.039 Sunshine Ordinance Review Commission ----------------------------------------------- 28  

1.30.040 Commission Membership ------------------------------------------------------------------ 29 

1.30.031 Vacancy on Commission: Removal for Cause and Filling of Vacancy -------------- 30  

1.30.042 Organizational Period ----------------------------------------------------------------------- 30 

1.30.043 Commission Staffing ------------------------------------------------------------------------ 31 

1.30.044 Commission Legal Council ---------------------------------------------------------------- 31 

1.30.045 Enforcement Committee; Appeals --------------------------------------------------------- 31 

1.30.046 Public Records Access Denials; Administrative Appeals ------------------------------- 31 

1.30.047 Public Meeting and Noticing Violations; Administrative Appeals -------------------- 32 

1.30.048 Judicial Review ------------------------------------------------------------------------------- 33 

1.30.049 Penalties --------------------------------------------------------------------------------------- 33 

1.30.048 Annual Reports; Role of City Attorney --------------------------------------------------- 34 

 

Article 5: SEVERABILITY 

1.30.049 Severability ------------------------------------------------------------------------------------ 34 

 

 

End of Chapter 

 

iii 

 

BE IT ORDAINED by the Council of the City of Berkeley as follows:  

Section 1. Chapter 1.30 is added to the Berkeley Municipal Code to read as follows:  

1.30.000 Title of Chapter. 

This Chapter shall be known as the Berkeley Sunshine Ordinance.  

1.30.001 Findings. 

A. The City of Berkeley is committed to a robust and wide-ranging discussion of public issues and full access to public information.  

B. This commitment is reflected in the wide array of advisory boards and commissions with appointed community members, who provide recommendations to the City Council on a range of public policy issues after seeking and obtaining input from the Berkeley community.  

C. Participatory democracy requires that members of the public have timely access to the same information relating to issues as is available to their elected representatives; that members of the public must have the opportunity to present their opinions and information in the presence of their representatives prior to any decision being made; that representatives should reach their decisions in full view of the community, and that open access to public records shall be provided to the maximum extent possible.  

D. The nature of the City’s sunshine policies and practices are often not publicly known or readily ascertainable, and many are not required by any City Council resolution.  

E. It is advisable to codify existing and new policies to ensure they are followed. 

F. The adoption of this Ordinance expands upon and supplements state law, and also has the salutary effect of providing the public with notice of the City’s public access procedures.  

1.30.002 Purpose.  

The purpose of this Chapter is to set forth the City’s policy regarding public participation in the deliberations of the City’s Legislative Bodies, to ensure public access to public records, and to establish the City’s intent to expand such participation and access beyond that required by other applicable law, including without limitation all other local, state, or federal statutes. 1.30.003 Applicability. 

The provisions of this Sunshine Ordinance supersede other Berkeley laws that address the same issues.  

1.30.004 Definitions. 

A. Agenda: “Agenda” means a list of information about a Meeting, including the identity of the Legislative Body conducting the Meeting, the time and location of the Meeting, a meaningful description of each item of business to be transacted or discussed at the Meeting, the proposed action for each item, and a list of the documents that are to be provided to the Legislative Body in connection with each item. 

B. Agenda Packet: “Agenda Packet” means an Agenda of a Meeting and all supporting documents including contracts, agreements, letters of intent or memoranda of understanding, and reports, including any amendments or modifications to those documents and reports, any reports or memoranda prepared by a member of the Legislative Body, City or Council Staff, any reports of outside consultant(s), advisor(s), or contractor(s), and all communications pertaining to all matters anticipated for discussion or consideration at a public Meeting.  

C. City: “City” means the City of Berkeley, California. 

D. City Council: “City Council” means the Mayor and all Council Members. 

E. City Staff: “City Staff” means the City Manager, department heads, executive directors of Legislative Bodies, employees of all entities in the City Charter, and persons retained as contractors. 

F. Closed Session: “Closed Session” means that portion of a Meeting from which the public is excluded. A Closed Session is always preceded by a public comment period open to the public, and is followed immediately by an open session, during which all actions taken by the members of the Legislative Body are reported. 

G. Community Meeting: “Community Meeting” means a Meeting that meets the definition of a Meeting in Section N below, but which emphasizes interaction between members of the Legislative Body, City Staff, and members of the public by allowing more frequent and longer public comment than is allowed for regular Agenda items and public hearings, and by allowing for informal dialogue between members of the Legislative Body, City Staff, and the public.  

H. Community Newspaper: “Community Newspaper” means a newspaper that is published at least forty-five (45) times per year, distributes at least ten thousand (10,000) copies of each issue in all parts of the City of Berkeley, and devotes at least fifty (50) percent of its news coverage to a wide range of Berkeley issues on a regular basis. If no newspaper that meets this definition exists, the Sunshine Ordinance Review Commission shall determine what constitutes a Community Newspaper. 

I. Council Staff: “Council Staff” means all employees or volunteers directly serving the City Council and the Mayor. 

J. Custodian of Records: “Custodian of Records” means the City Manager, or other person(s) appointed by the City Manager, to be in charge of the records of any entity subject to this Ordinance. 

K. Deadline: “Deadline” means any time or date by which an action, such as a noticing, production of document, or decision, is required under this Ordinance. Unless otherwise specified, days to be counted shall be calendar days, and the Deadline shall be computed as follows: When computing a Deadline backward from a Meeting or other event, the first day counted shall be the day before the event, and if City offices are closed on the last day counted, the preceding work day shall be the Deadline. When computing a Deadline forward from an event, the first day counted shall be the day after the event, and if City offices are closed on the last day counted, the following work day shall be the Deadline.  

L. Legislative Body: “Legislative Body” means any of the following: 

1. A governing body of the City of Berkeley shall include, but not be limited to the City Council, Rent Stabilization Board, Library Board of Trustees, Redevelopment Agency, and Housing Authority. 

2. A commission, committee, board, or other body of the City of Berkeley whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution, formal action, or consensus of a Legislative Body, including advisory committees, subcommittees, and task forces.  

3. A board, commission, committee, or other multimember body of the City of Berkeley that governs a private corporation or entity that either is created by the elected Legislative Body, or the creation of which is facilitated by the City Manager, in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation or entity. 

M. Lobbyist: “Lobbyist” means a person, business, or organization that receives or becomes entitled to receive compensation, in any month, for influencing legislative or administrative action or that compensates its employees or members for their lobbying activities.  

1. “City Lobbyist” means a person or business entity that is designated to represent the City in matters before any local, regional, state, or federal administrative or Legislative Body. 

2. “Special Interest Lobbyist” means a person who is paid by or represents any agency, organization, or business entity to influence City policy. 

N. Meeting: “Meeting” means  

1. A gathering of a quorum of the members of a Legislative Body at a specified time and place, including teleconferencing, to hear, discuss, or deliberate on any matter that is within the jurisdiction of the City. 

2. “Meeting” does not include: 

a. Individual contacts or conversations between a member of a Legislative Body and another person.  

b. The attendance of a majority of the members of a Legislative Body at a regional, state, or national conference, or at a public meeting organized to address a topic of local community concern, and open to the public.  

c. The attendance of a majority of the members of a Legislative Body at a purely social, recreational, or ceremonial occasion. 

d. The attendance of a majority of the members of a Legislative Body at an open and noticed meeting of a committee of the same Legislative Body, provided that the members of the Legislative Body who are not members of the committee attend only as observers or as members of the public and do not have the right to comment. 

e. Notwithstanding the above, any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the Legislative Body to develop a collective concurrence as to action to be taken on an item by the members of the Legislative body, is prohibited. 

O. Minor Correction: “Minor Correction” means a correction that consists only of a change in spelling or grammar with no significant change in meaning. 

P. Public Records: “Public Records” includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. 

Q. Quorum: “Quorum” means a majority of the total authorized membership of a Legislative Body. No ordinance, resolution or motion of a Legislative Body shall be deemed approved without receiving at least the number of affirmative votes equal to that of a quorum for that body except as may be specified by other provisions of this Ordinance.  

R. Writing: “Writing” means any document, handwriting, typewriting, printing, photostating, photographing, photocopying, transmission by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. 

 

Article 1  

Meetings.  

1.30.005 Meetings to be Open 

All Meetings of Legislative Bodies shall be open and public, except as modified below by Section 1.30.019 regarding Closed Sessions. All Meetings of Legislative Bodies shall be governed by the provisions of existing statutes and this Ordinance. In the case of different requirements under existing statutes and this Ordinance, the requirement that would result in greater public access shall apply.  

1.30.006 Time, Place, and Frequency of Meetings. 

A. Each Legislative Body shall establish a time and place for regular Meetings. All Legislative Bodies shall schedule Meetings at times when a significant portion of the public is likely to attend. Meetings shall not be scheduled on holidays 

B. The place and time of Meetings shall be made known to any member of the public upon inquiry, posted on the City's website, and noticed in accordance with Sections 1.30.009 and 1.30.010. 

C. All Legislative Bodies shall conduct all of their Meetings within the City limits of Berkeley, California unless the City Council finds, in advance of a Meeting, that the City’s interests are likely to suffer if the Meeting is held within the City limits.  

D. All Meetings of all Legislative Bodies shall be held in a publicly accessible location which shall include disabled accessibility and shall have adequate amplification so that members of the audience, wherever positioned, can hear the deliberations of the Legislative Body. 

E. Meetings of Legislative Bodies shall be held in locations which have video transmission capability as determined by the City Council.  

F. If a Meeting is likely to be attended by a large number of the public, the Agenda scheduling process for each Legislative Body shall provide for holding the Meeting in a venue large enough to accommodate the numbers anticipated to attend and which meets the requirements of this Section. 

G. If at a Meeting of a Legislative Body, the body determines that the number of members of the public who want to attend the meeting is larger than can be accommodated in the usual Meeting place, the Legislative Body shall, by its own motion, change the location of the Meeting, if such a location is nearby that will better accommodate the number of people and meets the requirements of this Section. Such change of location shall require the posting of prominent notices of the change. If such alternative location is not available, the Meeting shall be canceled and re-scheduled to another date and place that will accommodate the number of people expected to attend.  

H. A sufficient number, but no fewer than forty (40) regular City Council Meetings shall be held throughout the calendar year, to ensure the City's business is completed in a public and timely manner in accordance with the provisions of this Ordinance.  

I. A meal or other gathering of a Legislative Body before, during, or after a Meeting of the Legislative Body is part of that Meeting and shall be conducted only under circumstances that permit the public to hear and observe the discussion. Meal gatherings shall not be conducted in a location where public access requires making a purchase or some other payment. 

1.30.007 Submitting Items for the Regular Meeting Agendas. 

A. Each Legislative Body shall establish a process for placing items on its own regular Meeting Agendas. This process shall include the designation of a contact person responsible for receiving proposed Agenda items and related documents. Information regarding the process for submitting items, including contact information and Deadline dates shall appear on the City’s website and on the printed Agenda for each Meeting of the Legislative Body. 

B. Any procedure for setting the Agenda by a Legislative Body shall provide for public participation with timely notice in compliance with this Ordinance. 

C. All items for the City Council’s regular Meeting Agenda submitted by the Mayor, Members of the City Council, Auditor, City Staff, other Legislative Bodies, and members of the public as specified in Subsection D below, that are submitted in accordance with the Deadlines in Subsection G below, shall be submitted to the established Agenda process. Items for the regular Meeting Agenda of other Legislative Bodies submitted by Members of the relevant Legislative Body, City Staff, and other Legislative Bodies, and members of the public as specified in Subsection D below, that are submitted in accordance with the Deadlines in Subsection G below, shall be submitted to the appropriate established Agenda process.  

D. Any member of the public may place an item on the Agenda of a Legislative Body by collecting twenty-five (25) or more signatures of Berkeley residents and presenting the item, with supporting signatures, to the designated Agenda contact person of the appropriate Legislative Body.  

E. All proposed Agenda items submitted in accordance with Subsections C and D above shall appear on a regular Agenda of the Legislative Body. 

E. Each submitted item shall include the sponsor’s proposed Agenda date. When a submitted item is held for a date that is different from the date proposed by its sponsor(s), the Agenda contact person shall notify the sponsor(s) and explain in writing the reasons the date has been changed. The Agenda contact person shall also provide a date certain that the item shall appear on the Legislative Body’s Agenda. In making the decision to hold an item to a Meeting date that is different from the sponsor’s proposed date, information submitted by proponents of the item regarding timeliness of the item shall be considered. 

F. Any request submitted under Subsection C and D above for a presentation to a Legislative Body shall be submitted in the same manner as other Agenda items, and follow the same deadlines. The request for a presentation shall include general information regarding the purpose and content of the presentation, information on the presenters, contact information, and the length of the presentation. The designated Agenda contact person shall coordinate use of any presentation equipment and receipt of additional written material that is associated with the presentation. 

G. Deadlines for submission of Agenda items for regular Meetings 

1. All items, except for old business, to be considered for placement on the regular Meeting Agenda of a Legislative Body, shall be furnished to the Agenda contact person for that Legislative Body, no later than 12:00 noon, twenty (20) or more calendar days prior to the Legislative Body’s meeting for which the items shall appear on the Agenda.  

2. Information regarding all items submitted for placement on the Agenda of a regular Meeting shall be available to the public no later than 5:00 PM, twenty (20) or more calendar days prior to the Legislative Body’s meeting for which the items shall appear on the Agenda. This information shall be supplied to the public in the form of a list, which includes the sponsor’s name and title for each item submitted. The information shall be posted on the City’s website and in written form in the office of the Agenda contact person, and shall include the date and place of any Meeting, if such Meeting is to be held, at which the draft Agenda will be discussed and final Agenda determined.  

3. The Agenda contact person shall not accept any item or revised item for inclusion on the Agenda of a regular Meeting after the established deadline. 

1.30.008 Meeting Documents Submitted by Members of the Public. 

A. Documents submitted by members of the public that are received at least twelve (12) calendar days before a regular Meeting of a Legislative Body shall be included in the Agenda Packet to be issued eleven (11) calendar days in advance of the Meeting, and shall be posted on the City’s website, and shall be available at the locations described in Section 1.30.010. 

B. Documents submitted by members of the public after the twelfth (12th) day and through the fifth (5th) day prior to a regular Meeting of a Legislative Body shall be distributed to the members of that body in Supplemental Agenda Communications Packet #1, posted on the City’s website, placed in a viewing binder available to the public, and made available at the locations described in Section 1.30.010.  

C. Documents submitted by members of the public, sent to the members of a Legislative Body as a whole either individually or as a whole, or to the secretary of the Legislative Body for distribution, which are received after the fifth (5th) day and prior to 12:00 noon on the day of the Legislative Body’s regular Meeting, shall be included in Supplemental Agenda Communications Packet #2. On the afternoon of the Meeting, Supplemental Agenda Communications Packet #2 shall be posted on the City’s website and available to the public in the City Clerk’s office or appropriate department office. Copies shall be available at the Meeting.  

D. Documents submitted by members of the public that are received after 12:00 noon on the day of the Legislative Body’s regular Meeting, including during the Meeting, shall be included in Supplemental Agenda Communications Packet #3. When a document is submitted by a member of the public at the Meeting, it shall be distributed to members of the Legislative Body immediately upon submission, if thirty (30) copies have been provided: twenty (20 for the Legislative Body and staff, plus ten (10) copies the public. If fewer than thirty (30) copies have been provided, the document shall be placed in Communication Packet #3 and the Clerk shall distribute copies to members of the Legislative Body prior to the Deadline for copies to be distributed to the public. All such documents shall be available for review by members of the public online and in hard copy by 3:00 PM, two (2) business days following the Meeting. 

E. E-mails received from the public shall have the originating e-mail address redacted unless the author requests otherwise.  

1.30.009 Posting of Draft Agendas for Regular Meetings. 

A. On the fourteenth (14) day prior to the regular Meeting of the Legislative Body, the Agenda contact person shall post a draft Agenda and any accompanying items for the subsequent regular Meeting at the place and in the same manner applicable to posting the notice of the final Agenda described in Section 1.30.010.  

B. The draft Agenda for a regular Meeting shall contain a prominent notification that the Agenda is subject to change in accordance with other provisions of this Ordinance.  

C. The Agenda contact person shall file an affidavit indicating the location, date and time of posting of each draft Agenda. 

1.30.010 Posting of Final Agendas for Regular Meetings.  

A. Each Legislative Body shall designate one or more physical locations to post notices and Agendas required by this Ordinance. Designated posting locations shall be freely accessible to members of the public twenty-four (24) hours per day. In addition, notices and Agendas shall be posted on the City’s website.  

B. Any Agenda notice that is mailed, posted, or published by a City department or Legislative Body shall be brief, concise, and written in plain, easily understood language with no use of undefined acronyms.  

C. The final Agenda Packet for a regular Meeting of a Legislative Body shall be posted on the City’s website and at the appropriate designated physical posting locations on the eleventh 

(11th ) day prior to the regular Meeting to which it applies. The City Clerk, or secretary of a Legislative Body, shall file an affidavit indicating the location, date and time of posting each Agenda. 

1.30.011 Distribution of Final Agendas and Agenda Packets for Regular Meetings. 

A. No later than eleven (11) days prior to a regular Meeting, copies of the Agenda shall be mailed by the Agenda contact person to any resident of the City, or member of the press, who so requests in writing. Copies shall also be available free of charge no later than eleven (11) days prior to a regular Meeting in the office of the Agenda contact person and also at the information and reference desks of the main public library, and each branch library, and at other locations deemed appropriate by the Legislative Body. 

B. No later than eleven (11) days prior to a regular Meeting, the Agenda contact person of the appropriate Legislative Body shall distribute the Agenda Packet to each member of the Legislative Body. The Agenda Packet shall also be made available to members of the press upon their request and be available in hard copy in a viewing binder in the office of the Agenda contact person of the appropriate Legislative Body, and also at the information and reference desks of the main public library, and each branch library, and at other locations deemed appropriate by the Legislative Body.  

1.30.012 Agenda Content . 

A. Every Agenda for a regular, special, or Closed Session shall contain a statement explaining wheelchair accessibility and other disability-related accommodations. 

B. Every Agenda for regular, special, or Closed Session shall state that any person may address the Legislative Body on Agenda items, and every Agenda for regular or special Meetings shall state that any person may also address the Legislative Body on Non-Agenda items. This advisory regarding the public’s speech rights during the Meeting shall include all requirements contained in Sections 1.30.014, 1.30.015, 1.30.016, and 1.30.017. 

C. Agenda items shall provide the following minimum information: a description, including the length of time involved, known effect, and fiscal impact, if any; action being recommended; the website on which documents related to the item have been posted; and contact information to obtain further information.  

1.30.013 Action Requirements for All Legislative Bodies.  

A. No discussion or action by the Legislative Body shall be taken on any item not appearing on the Agenda. However, the Legislative Body may refer such a matter to appropriate staff, or request that the matter be placed on the next Meeting Agenda.  

B. No Agenda item shall be considered at the Meeting if it is not included in the packet with all of its supporting documents. After the eleventh (11th ) day Deadline, no change to Agenda items or its supporting documents may be made, except that a Minor Correction, as defined in Section 1.30.004 O, to an item already included in the packet may be considered. 

C. Reports and other material for Agenda items carried over as old business shall be reproduced again if three weeks have passed since the item was last on an Agenda.  

1.30.014 City Council Agenda Sequence.  

The Agenda for regular Meetings of the City Council shall be: 

A. Staff announcements and ceremonial matters: maximum of fifteen (15) minutes. 

B. Preliminary consent calendar: removal of items and additions to the preliminary consent calendar by members of the Council, except appeals shall not be moved to the preliminary consent calendar.  

C. Public comment on each item on the preliminary consent calendar. D. Determination of final consent calendar and approval of final consent calendar. 

E. Public hearings. 

F. Appeals: with public comment on each item. 

G. Items removed from the consent calendar: with public comment on each item.  

H. Action calendar: with public comment on each item. 

1. Priority Items as determined by Council and City Manager  

2. Old business  

3. New business  

I. Public comment on Non-Agenda items. Each speaker to be limited to two (2) minutes. Two (2) speakers may combine time if both speakers are present at the Meeting. 

J. Reports regarding attendance at regional meetings, other Legislative Bodies and other agencies. 

K. Information reports: with public comment on each report. 

L. Communications. 

M. Adjournment. It is the intent of this Section combined with the number of Meetings required in Section 1.30.006 H that all Agenda items and all Non-Agenda public comment be completed prior to 11:00 PM. Meetings shall adjourn at 11:00 PM. At 10:00 PM, the Council shall assess what remains on the Agenda to complete. Members of the public who plan to speak on Non-Agenda items are advised to be present at 10:00 PM so the presiding officer may assess the number of speakers before adjournment. The Council shall not adjourn at 11:00 PM until public comment on Non-Agenda items has been completed. The Meeting beyond the completion of Non-Agenda public comment may be extended by a two-thirds (2/3s) affirmative vote of the Council Members present. Any motion to extend the Meeting shall include a list of Agenda items to be covered, and shall specify the order of the items to be considered.  

1.30.015 Public Comment and Disclosure at open Meetings. 

A. Any person attending an open Meeting of a Legislative Body shall be provided an opportunity to address the body on any item on the Agenda before or during discussion of the item and prior to any action by the Legislative Body, as well as an opportunity to comment on Non-Agenda items. Each person wishing to comment shall be entitled to speak for three (3) minutes on each Agenda item and for two (2) minutes during the public comment period on Non-Agenda items. 

B. Any ex parte contact regarding Agenda items not subject to public hearing shall be disclosed by placing the contact name on a list maintained by the City Clerk as part of the record regarding that particular item.  

1.30.016 Public Comment and Disclosure at Public Hearings.  

A. Prior to the beginning of the public hearing, each member of the Legislative Body is required to disclose and describe in writing all ex parte contacts he or she has had concerning the subject of the hearing. Such reports shall be available for public review in the office of the secretary to the Legislative Body prior to the Meeting, and placed in a file available for public viewing at the Meeting. At the beginning of a public hearing, each member of the Legislative Body shall also orally disclose and describe all ex parte contacts concerning the matter. 

B. For all public hearings, except those described in Subsection C below, following the disclosure required in Subsection A above, City Staff shall introduce the public hearing and present its comments prior to public comment.  

C. For appeals that are set for public hearings, the following shall apply: 

1. It shall be understood that any quasi-judicial act of a Legislative Body other than the Sunshine Ordinance Review Commission may be appealed to the City Council with a Deadline for filing to be no less than fourteen (14) calendar from the date of filing of the Notice of Decision of that act, unless another timeline is noted in the ordinance that applies to the relevant Legislative Body where the decision that is being appealed originated.  

2. Except for zoning appeals, significant new information on any subject heard by the City Council may not be prohibited from consideration and action in future meetings except as expressly prohibited by this Ordinance and State law. There shall be no time restrictions on when significant new information may be heard by a Legislative Body other than those written in this Ordinance and state law. 3. For public hearings regarding appeals on zoning, land use, landmarks and building code matters, following the disclosure required in Substation A above, and the staff’s introduction and comments, the speaking protocol for public hearings on zoning, land use, landmarks, and building code hearings and appeals shall be as follows: 

a. The Applicant, or his/her representative(s) shall be allocated up to five (5) minutes to present the project that is the subject of the public hearing. This shall be followed by equal time for the Appellant or his/her representative(s) to present the appeal.  

b. Members of the public shall then be allowed three (3) minutes each to comment. Groups of up to six (6) speakers shall be allowed to combine their speaking times, provided that all members of the group are present at the Meeting. 

c. After all public comment has been received, the Applicant or Applicant’s representative(s) shall be given no less than five (5) minutes for final argument, followed by equal time for the Appellant or Appellant’s representative(s).  

d. Following final arguments, no more than two (2) persons representing the Applicant and no more than two (2) persons representing the Appellant shall sit with City Staff at the staff table with opportunity to answer questions and respond to comments made by members of the Legislative Body. 

e. After hearing public testimony, the Legislative Body may close the hearing, or continue it to another specified date. Action following the close of a public hearing shall take place at the next Meeting of the Legislative Body to allow members of the Legislative Body time to consider the testimony and any new information received at the hearing. If it is legally required to take action at the same Meeting following the receipt of testimony, the Legislative Body shall state the reason for doing so before acting upon the subject of the public hearing. 

1.30.017 Speech Rights of the Public at Meetings. 

A. At the start of each Meeting, the presiding officer shall inform the public that their rights are posted on the Agenda and at the entrance of the Meeting room and include the following: 

1. At any time up to and including during the Meeting, if a matter is considered to be a violation of this Ordinance, a member of the public may submit a complaint on a Special Sunshine Alert form developed by the Sunshine Ordinance Review Commission. Before a Meeting the City Clerk shall transmit the Alert form to appropriate City Staff. During the Meeting, the City Clerk or secretary of a Legislative Body shall submit any Alert received to the City Attorney or designated staff of other Legislative Bodies. The City Attorney or other appropriate staff member shall announce the substance of the Alert to the Legislative Body at the time the item is before the Body. The presiding officer will decide what action, if any, will be taken at that time. The Alert will be reported to the Sunshine Ordinance Review Commission at the discretion of the member of the public who filed the Alert. If the matter is reviewed by the Commission, a follow-up report will be placed on the Agenda of the Legislative Body at the next regular meeting of the Legislative Body.  

2. The right to criticize without personal attack or support the policies, procedures, programs, or services of the City Staff, the Legislative Body, or its individual members during public comment or by holding signs. 

3. The right to use, when commenting, presentation tools, which shall be provided by the City when requested five (5) business days in advance. 

1.30.018 Breaks During Item Discussions. 

To ensure that business is conducted in the open, Legislative Bodies shall not take breaks during discussion of an Agenda item, except as shall be necessary for the captioner. Every effort shall be made by the presiding officer of the Legislative Body to provide for such breaks before the Legislative Body begins discussion of an item or after it has finished the discussion. When an item is continued to a future meeting, at that subsequent meeting, each member of the body shall disclose orally the general nature of any conversations with other members of the Legislative Body pertaining to the held-over item that took place during the continuance. 

1.30.019 Closed Sessions. 

A. Before any Closed Session, a Legislative Body shall meet in open session for the purpose of taking public comment solely on the item(s) which is (are) the subject of the closed session. 

B. No discussion shall take place in the Closed Session that is not pertinent to item(s) listed on the Agenda.  

C. Description of items on the Agenda shall be clear and written in plain language without the use of undefined acronyms. 

D. For Closed Sessions on litigation matters, the Agenda shall list the parties involved, the actions being considered and court case numbers, if such numbers have been assigned.  

E. For Closed Sessions on real property negotiations, the Agenda shall identify the property at issue by address and parcel number, disclose any development plans for the property, and specify any source(s) of payment for the property. 

F. All Closed Sessions of any Legislative Body shall be audio recorded in their entirety and made a part of a minute book consisting of a record of topics discussed and decisions made at the Meeting.  

G. Immediately following the end of the Closed Session, the Legislative Body shall state the specific action or non-action taken and the Legislative Body shall revote on the resultant action or non-action in full view of the public.  

H. All proposed agreements for the purchase or sale of real estate, all proposed contracts with represented and unrepresented employees, and all agreements with other Legislative Bodies and regional agencies discussed in Closed Session shall not be deemed approved until the vote is taken in a regular open Meeting. All proposed agreements between the City and other entities regarding land use and transportation issues that have been discussed in Closed Session shall not be deemed approved or rejected until a public hearing has been held and a vote is taken following the hearing. Such items shall be placed on the Agenda of a subsequent regular Meeting in the same manner that any new item is placed on the Agenda of the Legislative Body. 

I. The location of these open session reports shall be in a venue that is available to the public and press and which supports video for internet broadcast and video-streaming. The report on Closed Session actions shall be posted, no later than the end of the following business day, to the City’s website and to all other places where the Agenda of the relevant Legislative Body is posted. 

1.30.020 Special Meetings. 

A. A presiding officer, or three (3) members of a Legislative Body, may call a special meeting with five (5) calendar days notice, but only for the purpose of considering a single item about which information has come to light after the last regular Meeting of the Legislative Body, and which requires action prior to the next regular Meeting of the Legislative Body, and which will do irreparable harm to the City if the Legislative Body does not take action before the next regular Meeting. 

B. The reason and timing for the special Meeting shall be printed on the notice and Agenda for the special meeting, and together with supporting materials shall be available free of charge in the office of the Agenda contact person, and also at the information and reference desks of the main public library, and each branch library, and at other locations deemed appropriate by the Legislative Body. 

C. At the beginning of the special meeting, after public comment is received, the Legislative Body shall vote on whether to proceed with the special meeting. The special meeting shall proceed only with an affirmative two-thirds (2/3) vote of the entire Legislative Body whether present or not. Lacking the vote to proceed, the item on the Agenda will be deferred to the next regular Meeting.  

1.30.021 Emergency Meetings. 

State law provides for two (2) levels of emergency meetings: an emergency meeting and a dire emergency meeting. At the beginning of either an emergency or a dire emergency meeting, a majority of attending members of the City Council shall confirm the nature of the emergency or dire emergency and the business which is to be transacted. 

A. An emergency meeting of the City Council may be called to address a work stoppage, crippling activity, or other activity that severely impairs public health or safety No other business may be considered at such a meeting. 

1. The emergency meeting may be called by the Mayor or three (3) members of the City Council by delivering written notice to each member of the Council, and to all members of the press who have requested notice of special meetings in writing.  

2. The notice shall be delivered, received, and posted in a location that is freely accessible to members of the public at least 24-hours before the time of the meeting specified in the notice. The notice shall specify the time and place of the meeting and the business to be transacted or discussed.  

B. A dire emergency meeting may be called in the event of a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity or other action that poses a peril so immediate and significant that requiring the City Council to provide one-hour notice before holding the meeting may endanger the public health, safety, or both.  

1. The 24-hour notice requirement and the 24-hour posting requirement is waived for a dire emergency meeting. Instead, each local newspaper and radio or television station that has requested notice of special meetings shall be notified by the Mayor, or his/her designee, one hour prior to the meeting or at or near the time that the Mayor notified members of the City Council This notice shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, this notice requirement is waived.  

2. As soon as possible after the meeting, the Mayor, or his/her designee, shall notify newspapers, and radio and television stations that the dire emergency meeting was held, the reason for the meeting and any action taken at the meeting.  

1.30.022 Reporting Requirements for Meetings of Regional and Other Agencies. 

When one or more elected official(s) or other persons, acting as a representative of the City of Berkeley or any of its Legislative Bodies, attends a meeting sponsored by another agency or Legislative Bodies, such representative shall, within five (5) business days following the meeting, provide a written report to be placed on the Agenda of the Legislative Body to provide opportunity for comment by other members of the Legislative Body and the public. The report shall state the name of the group, the time, place, and purpose of the meeting, a summary of the discussion of any item that impacts the City of Berkeley, any action taken, and the votes of the Berkeley representative.  

1.30.023 Special Community Engagement Process. 

A. When any City Legislative Body, agency, department, or office is considering an action that would have significant citywide impact or lead to a change in citywide service levels, the Council shall initiate a Community Engagement Process Matters that have significant citywide impact include, but are not limited to, adoption of a General Plan or Area Plan, the annual budget, labor negotiations, citywide fees, measures under consideration for placement on the ballot, and major development and transportation changes. A Community Engagement Process shall include the following provisions. 

1. The City Council shall determine whether the project or proposal will have a significant citywide impact that requires the implementation of the Community  

Engagement Process. 

2. Information regarding the issue shall be sent to a list, maintained by the City Clerk, of those who have chosen to receive such information and posted on the City’s website. E-mail notices shall also be distributed to the Mayor and City Council for distribution through their databases. Information shall also be sent by direct mail to those who subscribe to receive direct mail notice. Flyers shall be posted in community centers and libraries. Notice shall be advertised in at least one community newspaper as defined herein and shall be broadcast on the City television channel. Throughout the process, information shall be continually updated and provided to the public as described in this Ordinance.  

3. The Legislative Body shall hold at least three (3) Meetings, one of which shall be a Community Meeting and at least two (2) which shall be public hearings  

1.30.024 Audio or Video Recording and Broadcast of Meetings. 

A. Meetings of all Legislative Bodies shall record their Meetings with an audio recorder. All recordings of Meetings of all Legislative Bodies shall be retained for five (5) years and be available to the public. 

B. All regular and special Meetings of the City Council, Redevelopment Agency, Rent Stabilization Board, and Zoning Adjustments Board held in the venue regularly used shall be broadcast and video-streamed live and archived for replay on the local government cable channel and the internet. Such web broadcasts shall be captioned, with the captioned text displayed on the cable broadcast and as part of the video-stream. The City shall annually make a good faith effort to add Meetings of the Planning Commission, Board of Library Trustees, Housing Authority, Landmarks Preservation Commission, and Housing Advisory and Appeals Board to those Meetings that are cable broadcast and video-streamed. The requirement to cable broadcast and video-stream meetings shall not apply if necessary equipment breaks down and it is impossible to make repairs or replace equipment in time for a scheduled Meeting, or if a public Meeting usually held in the Council Chambers is changed to a location that does not have the technological capacity to accommodate the cable or web broadcast and captioning. Any permanent venue for City Council Meetings shall have the technological capacity to accommodate cable broadcast and captioning.  

C. Any person attending a Meeting of a Legislative Body may record the proceedings with an audio or video recorder or a still or motion picture camera, or broadcast the proceedings, unless or until the body makes a finding that the recording creates noise, illumination, or obstruction of view that constitutes an unreasonable and persistent disruption of the proceedings. 

1.30.025 Meeting Minutes. 

The secretary of a Legislative Body shall prepare the minutes of each Meeting and Closed Session. The minutes shall state the date and place of the Meeting, the time the Meeting was called to order, the names of the members present at the time the Meeting was called to order, the names and times of arrival or departure of any member of the Legislative Body arriving or leaving the Meeting after the call to order and before adjournment, the names of presenters and staff who provided reports or comments, the names of other persons attending any Closed Session, Closed Session announcements, disclosures of any conflicts of interest and ex parte communications, a list of those members of the public who spoke on each matter, and their names if the speakers identified themselves, a brief summary of each person’s statement during the public comment period for each Agenda item, the vote by name of each member on each matter considered by the body at the Meeting, and the time the Meeting was adjourned. No later than seven (7) business days after a Meeting or Closed Session, the draft minutes of each Meeting or Closed Session shall be posted on the City's website and be available for inspection and copying upon request . The officially adopted minutes of a Meeting or Closed Session shall be available for inspection and copying upon request no later than seven (7) business days after the Meeting at which the minutes are adopted. 

 

Article 2  

Access to Public Records 

Nothing in this Section shall be interpreted to hinder ordinary assistance to the public and informal communication between members of the public, City staff, and members of Legislative Bodies.  

1.30.026 Training and Direction to City Staff.  

A. The Custodian of Records shall designate in each of the City’s departments/offices a Records Coordinator, who shall have custody of the department’s/office’s records and provide information, including oral information, to the public.  

B. The City Manager shall ensure that City Staff are trained and directed to timely and courteously respond to the public regarding their obligations under this Ordinance.  

1.30.027 Posting of Information. 

A. At a minimum, the following shall be posted on the City’s website and provided in written form in the City Clerk’s Office, and at the reference desk of each public library:  

City Charter  

Berkeley Municipal Code 

Building Code 

General Plan and Area Plans 

Zoning Ordinance 

Sunshine Ordinance 

Citizen’s Guide to Public Information 

Records Index 

Records Retention Schedule 

Council Rules of Procedure (when revised to comply with this Ordinance)  

Commissioner’s Manual (when revised to comply with this Ordinance)  

Conflict of Interest Code 

Statements of Economic Interest 

Appointment Calendars 

Agendas and Minutes of the meetings of all legislative bodies  

B. Each Legislative Body is encouraged to make publicly available on its portion of the City’s website as many public records as possible concerning its activities. At a minimum, within six (6) months after enactment of this Ordinance, all current Meeting Agendas and other documents required to be made public shall be posted on the website, and thereafter, reasonable efforts shall be made to post past materials. Notices, Agendas, and minutes of current Meetings shall be posted on the website no later than the time required for public posting by this Ordinance. Each Legislative Body shall make reasonable efforts to ensure that its portion of the City’s website is regularly reviewed for currency and updated on at least a weekly basis. 

C. Notices posted on private property shall be visually prominent and written in a typeface that is readable from the public-right-of-way. 

D. Notices shall: 

1. Be written in easily understood language without undefined abbreviations or acronyms.  

2. Give a full description of the subject including a statement of the most significant information regarding the subject applicable City ordinances and regulations, irrevocable consequences of taking action or non-action, meeting time and place the subject will be considered, timelines for public comment, and sources where further information may be obtained. 

3. The Commission shall regularly review the content, placement and timing of public notices and advise City Staff and the City Council on ensuring that notices conform to the requirements and intent of this Ordinance. 

4. The Commission shall work with City Staff, other Legislative Bodies, and the City Council to improve publicly accessible information databases on matters to ensure consistency, equity, timing, and extent of noticing, for Meetings and other matters of public interest.  

1.30.028 Public Review File. 

Any document relating to City business sent by or received by a member of a Legislative Body shall be part of a public review file, which shall be organized in chronological order. The public review file shall be maintained by a designated person for each Legislative Body and be accessible to any person during normal office hours. The City Clerk shall maintain a central registry of locations where public review files can be accessed. 

1.30.029 Public Records Index . 

A. The City shall maintain a Public Records Index that identifies the types of information and documents maintained by City departments, offices, including offices of elected officials, and Legislative Bodies. The Index shall be available to the general public, and shall be organized to permit a general understanding of the types of information maintained, by which officials and departments, for what purposes, for what periods of retention, and under what manner of organization, e.g. by reference to name, date, project or proceeding, or some other referencing system. The Index shall be sufficient to aid the public in making a focused and knowledgeable inquiry regarding public records. The Index shall be posted on the City’s website and shall be available in written form in the City Clerk’s office and at the reference desk in each of the City’s public libraries. 

B. The Index shall classify each type of record as either: (1) “Open,” meaning accessible to the public without exception and subject to immediate disclosure; or (2) “Potentially Open,” meaning not entirely exempt from disclosure, but possibly containing some exempt content, such that review is required; or (3) “Closed,” meaning that disclosure of the document is prohibited by law. Each classification of a record type as Potentially Open or Closed shall specifically identify with the legal authority relied upon in assigning that classification. 

C. The Custodian of Records shall be responsible for preparing and maintaining the Index. He or she shall report on the progress of developing the Index to the Sunshine Ordinance Review Commission on at least a quarterly basis until it is completed, which shall be no later than twelve (12) months from the enactment of this Ordinance. Each department, office, Legislative Body, and public official shall cooperate with the Custodian of Records regarding identification of the types of records maintained, including those documents created or received by the entity. Each department, office, Legislative Body, and public official is encouraged to solicit and encourage public participation to develop a meaningful Records Index. 

D. A list of any change in the practices or procedures in the Index shall be noted on the City website and posted in the library for a period of three (3) months.  

E. The Index shall be periodically reviewed by appropriate staff and the Sunshine Ordinance Review Commission for accuracy and completeness. Following review, it shall be presented by the Custodian of Records for formal approval to the City Council.  

1.30.030 Records of Officials: Appointment Calendars; Statements of Economic Interests . 

A. All documents prepared, received, or maintained by any elected or appointed City official, while in office, and by every department head connected with City business are the property of the City, and the originals of these documents shall be maintained consistent with the Records Retention Ordinance. These officials shall maintain in a professional and businesslike manner all documents, and shall disclose all such records in accordance with this Ordinance. 

B. A calendar shall be maintained by all elected officials, the City Manager, Library Director and Trustees, Rent Stabilization Program Director, and all department heads, listing by date, place, and time all City-related meetings and telecommunicating or video conferences that they attend. Such calendars shall be public records subject to disclosure hereunder, except for those parts, if any, specifically exempted under applicable law, and shall be posted to the City’s website prior to the close of business each week. 

C. No later than April 15th of each year, the City Clerk shall post Statements of Economic Interest forms on the City’s website. Upon the effective date of this Ordinance, the City Clerk shall also post all prior Statements of Economic Interest forms of sitting elected officials, the City Manager, City Attorney, Rent Stabilization Program Director, Durectir if Planning, Planning Commissioners, members of the Zoning Adjustments Board, and members of the Housing Authority retroactive to the beginning of their service. 

1.30.031 Contributions to the City. 

Any gift of funds, goods or services worth more than one hundred dollars ($100.00) in aggregate which may be accepted or collected by the City, or any of its functionaries, or Legislative Bodies, for the purpose of carrying out or assisting any City function shall be disclosed and approved on the Agenda of a regular Meeting of the City Council.  

 

 

1.30.032 Reports of Lobbying. 

A. Any City Lobbyist shall file a quarterly report with the City Clerk, which shall be a public record. Each quarterly report shall identify all financial expenditures by the Lobbyist, the recipient of each expenditure, the date of the expenditure, and the local, regional, state, or national legislative or administrative action that the Lobbyist supported or opposed in making the expenditure. The failure to file a quarterly report with the required disclosures shall be cause for termination of the contract for representation. 

1. The City Clerk shall post on the City’s website a direct link to the disclosure forms that the City’s Lobbyists file with the appropriate federal and/or state agencies. 

B. Special Interest Lobbyists shall file a report with the City Clerk specifying the general nature of the City-related issues on which they have been engaged: the dates, places, and names of the members of the Legislative Body they have contacted: and the direct and indirect compensation received from their clients for such matters, which shall include but not be limited to fundraising activities conducted on behalf of elected City officials, contributions to persons and organizations, and payments received for services as a consultant to any City Legislative Body. No person who qualifies as a Special Interest Lobbyist shall contact any elected official of the City without first registering with the City Clerk and complying with the disclosure requirements of this Section. The City Council may establish a registration fee. 

1.30. 033 Types of Information Accessible by the Public. 

A. It is the intent of the Sunshine Ordinance to provide for the disclosure, upon request, of all public records to the maximum extent permitted by state law and, wherever permitted, to waive the City’s right under state law to withhold disclosure in certain circumstances. Accordingly, disclosure shall be made in all cases where not specifically forbidden by state law, including but not limited to the following:  

1. Drafts and memoranda:  

Memoranda or written communications between City employees, and/or consultants, and/or elected or appointed officials, or drafts thereof, whether in printed or electronic form, shall be subject to disclosure at the time a final recommendation is delivered. Draft versions of an agreement being negotiated by representatives of the City with third parties need not be disclosed immediately upon creation, but must be preserved and made available for public review beginning ten (10) days prior to the presentation of the agreement for approval by a Legislative Body.  

2. Litigation records and attorney-client communications:  

a. Attorney-client communications and communications regarding the settlement of claims by or against the City shall not be subject to disclosure to the extent that they are protected from disclosure by California law. Other communications relating to the subject matter of such communications, but which are not themselves protected by California law, are public records subject to disclosure under this Ordinance, including without limitation pre-litigation claims against the City, records received or created by a department in the ordinary course of business that were not subject to the attorney-client privilege at the time of their creation, and amounts paid by or to third parties or to attorneys in connection with claims by or against the City. When litigation involving the City is finally adjudicated or otherwise settled, the text and terms of any settlement s


New Pot Club Laws Change Little, Says NORML

By Richard Brenneman
Thursday September 04, 2008 - 09:22:00 AM

California Attorney General Jerry Brown has issued new guidelines for medical marijuana clubs, but Northern California’s leading cannabis advocate says they don’t represent any major changes. 

The new guidelines “could be a healthy development, if they indicate the attorney general wants the state to take over enforcement efforts and keep the DEA out of it,” said Dale Gieringer, state coordinator for California NORML. 

The National Organization for Reform of Marijuana Laws (NORML) has been at the forefront of the effort to decriminalize cannabis, and the California group was a leading proponent of Proposition 215, the 1996 statewide ballot initiative that provided state-level legal protection for patients authorized by a physician to use the drug. 

But protections provided by 215 and SB 420 are preempted under federal law and court case by federal law and the power of the Justice Department’s Drug Enforcement Administration (DEA), which has repeatedly targeted California cannabis clubs of all types. 

The conflicts between the two systems were seen in Berkeley, where after a July 25, 2007, raid by DEA agents and police on an affiliated club in Los Angeles, the agency seized the bank accounts of the Berkeley Patients Group, which has operated from a developer-doomed building at 2747 San Pablo Ave. 

Berkeley has three clubs, Gieringer said, though one now apparently exists without an office. 

“That’s the one that used to operate out of the Long Haul,” he said, referring to the office building for radical groups on Shattuck Avenue near the Oakland border, which was raided last week by campus police in search of the source of threatening e-mails sent to campus researchers. 

The Berkeley Cannabis Club was evicted by the Long Haul board after six years, and Gieringer said members now meet privately to ensure their marijuana supplies. 

Representatives of the Berkeley Patients’ Care Collective at 2590 Telegraph Ave. declined to comment for this story, and the spokesperson for the Berkeley Patients Group was unavailable by Wednesday’s deadline. 

The attorney general’s approach has been to wield both carrot and stick, promising the maximum protection for member-owned dispensaries and raiding those that deal in pot for profit. 

On Aug. 25, the same day his office unveiled the new guidelines for keeping marijuana use within the boundaries prescribed by state law, press officer Christine Gasparac sent out a press release in which Brown announced a raid conducted three days earlier at a Northridge club described as “a front for massive illegal drug sales.” 

But Gieringer said California laws, which currently favor only “hippie-dippie” coops and collectives, should be revised to include for-profit businesses. 

“There’s no reason they shouldn’t be businesses,” he said, adding, “Isn’t it interesting that everyone who makes legal drugs is a multinational corporation that makes tons of money?” 

Of more significance for Berkeley could be two pending pieces of legislation, Gieringer said. 

On a state level, Assembly Bill 2279, drafted by San Francisco legislator Mark Leno, would bar employers of patients who use medically prescribed marijuana from dismissing them for drug use. Leno drafted the bill after the state Supreme Court upheld the right of employers to fire medical marijuana users if they tested positive for cannabinoids. 

The measure is on the desk of Gov. Arnold Schwarzenegger. The bill didn’t receive a single Republican vote in either house of the legislature, Gieringer said. 

The second measure, on the Berkeley ballot in November, is Measure JJ, which would set clear guidelines for siting marijuana clinics in the community. 

Gieringer said he believes existing state legislation could be redrafted to eliminate inconsistencies and make enforcement easier both for the clubs and medical marijuana users and for law enforcement.


Zoning Board, Westside Artists Want Scaled-Down Wareham Project

By Riya Bhattacharjee
Thursday September 04, 2008 - 09:23:00 AM

The Berkeley Zoning Adjustments Board recently asked San Raphael-based Wareham Developers to scale back the size of its 100,000-square-foot project at 740 Heinz St. The applicant proposes demolishing the landmarked Copra Warehouse and building a state-of-the-art biotechnology research center in its place. 

Wareham, which leases the Heinz Street building from Garr Land Resources and Management Company, is scheduled to return to the zoning board with an official application at a later date. 

Board Chair Rick Judd told Chris Barlow, a partner at Wareham, that although the board was not against the project, the proposed height of approximately 89 feet defied the neighborhood’s zoning ordinance. 

Barlow contended that the city should allow Wareham to proceed with the project on the grounds that it would provide a major economic boost to the city and create 300 well-paying jobs. 

He said that economics dictated that a lab be at least 100,000 square feet with 15 feet of space between floors. 

Wareham’s plan to demolish the 1916 unreinforced red masonry building and preserve only its northern facade met with staunch criticism from the Berkeley Landmarks Preservation Commission—which dismissed the design by calling it a “spaceship”—at an earlier meeting, prompting the developers to replace the brick facade with glass. 

Speaking in favor of its demolition, Barlow said that 740 Heinz had been deemed dangerous by structural engineers and the city’s Fire and Public Works departments. 

“I am not saying [rehabilitation] is not physically possible, I am saying it’s not economically feasible,” he said. 

Barlow added that Berkeley lacked high-quality research and development buildings, resulting in the loss of 450 jobs in the last year. 

“Biotechnology companies are relocating to Emeryville,” he said, explaining that 157,000 square feet of tenant space had been lost by Berkeley to Emeryville in the last 12 months. 

“The landmarks commission did not appreciate the facade so we took off that element,” Barlow said. “We have done many things to this building to support a lab-type function. What you have here is an opportunity to create a life sciences building with parking already available, which will attract some of the leading scientists in the world.” 

In response to board members’ concerns about preserving the historical significance of the building, Barlow said Wareham would build a kiosk to inform visitors about the building’s past. 

A group of West Berkeley neighbors, many of them local artists and writers who lease the live-work lofts at 800 Heinz St. from Wareham, said they were disappointed with the developer’s lack of creativity. 

“Big box?” asked John Jay, who has lived there since 1976. “This is a dead blue whale. It’s horrible. Don’t approve the demolition until you know what’s going on. This is treacherous waters.” 

Rick Auerbach of the West Berkeley Artisans and Industrial Companies complained that the size of the building would create a precedent in West Berkeley. “West Berkeley could use a lot more artist and work loft spaces,” he said. 

J Moses Ceasar, a local artist who has lived in the lofts for 16 years, also urged Wareham to turn the space into something that would attract crowds instead of alienating them. 

“Why not instead create more artist housing, a museum, a roller-skating rink, a youth center, or a homeless shelter?” he asked.  

“Really anything that fits into the current plan and brings people into the area in non-work hours ... Over the years, I have asked my landlord, Wareham Properties, for double-pane windows, window screens, and an external antenna, among other things, and have been told that, since it’s a landmark building, no cosmetic changes may be made to it. It seems inconsistent that such reasoning was used with me if the same people have such disregard for landmarks that they would tear one down entirely.” 

Another neighbor, Georgia Shea, said West Berkeley was being treated like a “child’s closet on cleaning day.” 

“Just shove as much stuff in regardless of whether it fits or will inevitably come crashing down,” she said. 

Judd pointed out that current zoning for the project site allowed only two-story development. 

“In terms of the building height, I think whatever we do your project is going to end up getting appealed in the City Council,” he said. “I don’t think we have a zoning district which allows this kind of building height.” 

Some community members complained that the city wasn’t doing enough to stop pushy developers from getting their way. 

“Many developers are asking for very large zoning changes in West Berkeley,” said John Curl, a Berkeley resident. “They think the zoning board will approve anything as long as you give benefits to the city in various other ways. There is a general attitude among developers that certain people in the city are bending over backwards to approve every project.” 

Board member Allen described the design as a “glass box with glued on brick.” 

“A really nicely scaled building could fit into that neighborhood,” he said. “This is a building on steroids.” 

 


New Appeal Filed in Memorial Stadium Lawsuit

By Richard Brenneman
Thursday September 04, 2008 - 09:23:00 AM

The legal battle over UC Berkeley’s building plans at Memorial Stadium is back in the state Court of Appeals for the second time. 

The litigation pits environmentalists and neighbors against a cash-starved university that says it needs the buildings to open the wallets of donors and meet the needs of its athletes. 

The latest round of litigation features the California Oak Foundation, the Panoramic Hill Association and a group of Berkeley citizens against the UC Board of Regents. 

The City of Berkeley, a plaintiff at the trial court level, did not join the appeal after the City Council declined to join with its former co-plaintiffs. 

The first issue before the three-judge panel of the appellate court will be whether or not to bar the university from cutting down trees and starting construction before the judges have had a chance to decide the case, a process that often takes more than a year. 

The trees at the grove have been the scene of a tree-sit that began on Big Game Day 2006. The presence of the protesters led the university to construct fences around the site that remain as the Cal Bears hold their first home game Saturday. 

“Our case is fundamentally sound and we are confident that the Court of Appeals will reverse the lower court’s position,” said Oakland attorney Stephan Volker, who represents the oak advocates. 

“We’re eager to get into the appellate court to get these legal issues resolved,” said Michael Kelly, president of the Panoramic Hill Association. 

Kelly said the case was important because it would resolve critical legal and procedural issues. 

Alameda County Superior Court Judge Barbara J. Miller ruled largely in favor of the university in the final decision handed down late Tuesday. 

But her decision, while clearing the way for construction of a four-level gym and office complex west of Memorial Stadium, also challenges the university’s plans to renovate the stadium itself. 

Miller rejected the university’s contention that it could value the stadium at the price of building a new facility in conformance with current earthquake safety standards, and she sided with the plaintiffs’ position that cited current market value of the existing building as the value. 

What might seem an otherwise arcane semantic point becomes a major real-world concern in light of the Alquist-Priolo Act, which governs construction within 50 feet of active seismic faults. 

While Miller agreed with the university that the gym—formally the Student Athlete High Performance Center—lies outside the zone, the stadium itself sits directly over the Hayward Fault. 

That fault has been deemed by state and federal geologists the most probable source of the region’s next major earthquake. 

Alquist-Priolo limits renovations and repairs to existing buildings within the 50-foot zone to half of the existing structure’s value, and if Miller’s contention is accepted, the university’s extensive plans for the stadium could be severely hampered. 

The new appeal is essentially the same document filed last month, which the appellate court rejected on the grounds that Judge Miller had yet to resolve one issue in the case. 

With Miller’s jurisdiction over the case concluded as of Tuesday’s ruling, the plaintiffs were again free to file their appeal. 

Dan Mogulof, the university’s spokesman on the legal fracas, said that the administration has made a binding commitment not to begin construction until the higher court has ruled on the immediate issues of whether to impose a stay on construction activities and issue a writ of supersedeas assuming jurisdiction over the case. 

“We’re optimistic about the outcome,” he said. “Based on the exhaustive and detailed nature of Judge Miller’s ruling, we’re optimistic that the Court of Appeals will clear the way for construction to begin in short order.” 

Michael Lozeau, attorney for the Panoramic Hill Association, said the appeal filed this week is essentially the same document that had been filed earlier. 

For more information on the previous filing, see http://www.berkeleydailyplanet.com/issue/2008-07-31/article/30708. 

 


Judge Affirms Richmond Council Broke the Law in Casino Accord

By Richard Brenneman
Thursday September 04, 2008 - 09:24:00 AM

Richmond city councilmembers violated state environmental protection law when they approved a $335 million pact to provide road improvements and emergency services for a North Richmond casino. 

The November 2006 council decision approved a 20-year agreement with the developers of the Sugar Bowl, a proposed $200 million casino with 1,940 slot machines and parking for 3,500 cars. 

Contra Costa Superior Court Judge Barbara Zuniga upheld her previously announced ruling against the city when she filed her decision late Tuesday, holding that the council violated the California Environmental Quality Act (CEQA) mandate to review a development project’s potential impacts before voting its authorization. 

Zuniga said the council failed to meet CEQA requirements that called for review of actions by public agencies that have the potential for direct physical changes to the environment “or a reasonably foreseeable indirect physical change in the environment.” 

The judge noted that the agreement with the Scotts Valley Band of Pomos mentions the possibility of future but contractually limited CEQA compliance “if required,” but failed to include the CEQA-mandated consideration of an alternative where no project would be developed. 

The Sugar Bowl casino project is now in the final stages of a separate federal environmental review, but the service agreement as such is not. 

The lawsuit was brought by a coalition that includes Citizens for East Shore Parks, the Sustainability, Parks, Recycling and Wildlife Legal Defense Fund (SPRAWLDEF) and the Parchester Village Neighborhood Council. 

The winning attorney was Richmond resident Stephan Volker, who praised the judge’s decision and said, “The city’s attempt to sidestep CEQA was both disgraceful and disrespectful of the public who would be force to live with the severe consequences of this ill-designed project.” 

Volker is also one of the attorneys who has sued UC Berkeley in an effort to halt construction of a controversial stadium along the western wall of Memorial Stadium. 

Unless the city appeals the decision, Richmond will have to conduct an environmental review before signing a new agreement, an often lengthy process if the city must complete a full environmental impact report. 

For more detail on the casino case, see http://www.berkeleydailyplanet.com/issue/2008-08-28/article/30958.


UC to Brief Landmarks Commission On Design for Historic Cloyne Court

By Riya Bhattacharjee
Thursday September 04, 2008 - 09:24:00 AM

UC Berkeley officials will present their rehabilitation plans for the student co-op Cloyne Court to the Berkeley Landmarks Preservation Commission today (Thursday). 

Owned by the university, Cloyne Court is a national and local landmark designed by John Galen Howard as a residential hotel for campus visitors. 

A three-story brown shingle located in the residential neighborhood north of the UC Berkeley campus at 2600 Ridge Road, Cloyne Court was built in 1904 and its upgrade—part of a lease renewal—falls under the university’s 2020 Long Range Developmental Plan. 

The University Students’ Cooperative Association intends to stabilize the building by seismically improving it and updating access as mandated by the Americans with Disabilities Act, which university officials said would result in minimal changes to its exterior and little change to any historic fabric that remains in the building. 

Upgrades include new wood shear walls that would replace existing interior brick fire walls for seismic safety, removal of two chimneys that would be replaced by new wood flame flues, and broken windows that would be brought up to date with current building code. 

A historic rear deck, which is missing a handrail, would also be reconstructed. Project architects Siegal and Strain are working to retain certain character-defining features, such as stairwell windows that the campus fire marshal has deemed dangerous. 

 

1 Bolivar Drive 

The landmarks commission will also review a use permit application by the city’s Public Works Department to demolish an 11,311-square-foot two-story mid-20th-century commercial building at 1 Bolivar Drive, which was recently purchased by the City of Berkeley as a site to relocate its animal shelter. 

The city’s municipal code requires the Landmarks Commission to review any proposal to demolish a non-residential building that is more than 40 years old. 

Located at the north end of Aquatic Park at the southeast corner of University Avenue and the I-80 pedestrian bridge, the project is scheduled to appear before the city’s Zoning Adjustments Board on Sept. 11. 

Owned by Oakland-based William Petzel, it is occupied by a community mental-health center and a commercial kitchen. 

The cost for the land and a new building is estimated at $9.5 million. 

Originally built as a private club for the Berkeley Firefighter’s Association, the building is not listed as a national or local landmark. 

According to a report by the city’s Planning Department staff, an illegible signature on the building’s original permit application makes it impossible to decipher the name of its architect.


Carrie Sprague 1933-2008

By Nancy Holland
Thursday September 04, 2008 - 09:25:00 AM
Carrie and Stan Sprague in their garden a few years ago.
Sylvia Roland
Carrie and Stan Sprague in their garden a few years ago.

Carrie Sprague grew up in the Midwest and graduated from Oberlin College. She moved west where she met and married Thomas M. King. After having three children together, they divorced. In 1980, she met Stan and she moved into their little old house on Allston Way.  

Carrie was still teaching preschool at the time. When she retired, they rebuilt the house. After battling cancer for two years, Carrie decided to spend her last days at Chaparral House. Surrounded by her daughters, Stan, and other relatives, she passed away early Tuesday. She was cherished by her many friends and neighbors.  

Carrie was involved in many community projects and international groups; she also served on local commissions. Carrie served on the Solid Waste (now called Zero Waste) Commission, and she was a member of the Zoning Adjustments Board. She was also an accomplished quilter, potter, baker and gardener.  

In the 1980s, Carrie and Stan were very involved in peace and solidarity work in Central America. For many years Carrie was a mainstay at the Ohlone Community Garden and Carrie volunteered regularly at Tilden Regional Park for over a decade. Carrie will be remembered by her neighbors for her steadfast efforts to protect the decency and spirit of Central Berkeley.


Police Blotter

By KRISTIN McFARLAND
Thursday September 04, 2008 - 09:25:00 AM

Sacramento Street barbershop shooting 

One person was injured Tuesday in a shooting at Johnson’s House of Style at 2914 Sacramento St. 

At 12:49 p.m., Berkeley police res-ponded to reports of shots fired in the 2900 block of Sacramento. Upon arrival, police found the victim, a 22-year-old man, with apparent gunshot wounds. 

The victim was transported by the Berkeley Fire Department to Highland Hospital. Berkeley Police Public Information Officer Andrew Frankel, could not disclose the victim’s condition. 

According to Frankel, although the police have no one in custody, they are still “working the scene” and investigating the crime. 

 

Strong-arm robberies near campus 

UC police reported a series of four strong-arm robberies early Monday morning on the south side of campus. 

The first occurred at 2:38 a.m. at Blake and Ellsworth streets. The four suspects, reportedly males in their late teens or early 20s, stole a purse and its contents. 

At 3:02 a.m., BPD responded to a robbery involving three suspects at Telegraph Avenue and Parker Street. 

The third robbery, at 4:25 a.m., occurred at Bancroft Way and Telegraph Avenue. 

The final reported robbery occurred at 4:33 a.m. at College and Dwight. The suspects may have fled the scene in a silver four-door vehicle traveling west on Dwight. 

Anyone with information about these crimes can contact the Berkeley Police Department at 981-5900. 

 

Shots fired at crowded party 

Shots were fired Saturday night when the Berkeley Police and Fire departments were called to clear the crowd at a party at Pria Restaurant, 2072 San Pablo Ave. 

Both departments were notified when the party’s crowd exceeded the restaurant’s occupancy permit. As the crowd started to disperse, “someone pulled a pistol and started cranking rounds into the air,” said Officer Frankel. 

There were no injuries, and the police have no one in custody for the disturbance.


Fire Department Log

By RICHARD BRENNEMAN
Thursday September 04, 2008 - 09:26:00 AM

Back-to-back fires 

Berkeley firefighters battled back-to-back blazes that left seven people homeless and caused more than $250,000 in damage Tuesday morning. 

Deputy Fire Chief Gil Dong said the first call came at 5:34 a.m. from an apartment building in the 1300 block of Derby Street. 

“On arrival, firefighters found one apartment unit fully involved,” he said. 

The fire left the apartments’ two residents without a dwelling and killed their cat. Red Cross workers has located temporary quarters for one of the occupants, said the deputy chief. 

It didn’t take long to find the cause. One of the tenants said a bed covering had ignited after it had come too close to an electric heater. “He tried to extinguish before calling 911,” said Deputy Chief Dong. 

The preliminary estimate of damage to the apartment building was placed at $100,000, but the loss to contents hadn’t been finalized by Tuesday afternoon. 

Firefighters returned to their station at 7:25 a.m., only to be summoned to another blaze four minutes later on Ashby Avenue at Martin Luther King Jr. Way. 

“On arrival, they found smoke coming from the side of a two-story duplex,” said the deputy chief. 

Moments later, the heat blew out a side window and flames leapt into the open air, scorching the side of the neighboring duplex and triggering a second alarm. 

“We had 27 firefighters, five engines, two trucks, two paramedic units and three chief officers” fighting the blaze, he said. 

Electrical power to the immediate area was also cut during the blaze to protect the emergency crews, and one of the five occupants displaced by the blaze was also evaluated for additional medical care. 

The cause of the blaze remained under investigation Tuesday afternoon, but damage to the structure was set at $150,000, with damage to contents still to be determined. 

While the dire damage was largely confined to the first-floor unit, the contents of the second-story apartment sustained extensive smoke damage, said Deputy Chief Dong.  

In addition, the exterior of the nearby duplex suffered from paint damage. 

The fire also forced the closure of MLK at one of Berkeley’s busier intersections, and the road remained closed at noon while investigators remained on scene seeking to learn the cause of the fire. 

Five residents of the duplex were displaced by the fire, including one toddler. 

 

Firefighters afield  

Two Berkeley firefighters were waiting in Houston Tuesday morning to see if they’ll be needed in the emergency spawned by Hurricane Gustav. 

Deputy Chief Dong said they had been dispatched to Lafayette, La., with the Oakland Fire Department’s Search and Rescue Team but learned they weren’t needed. They headed back to Houston to wait, in case they are needed elsewhere. 

 

Flames gut popular Berkeley gas station 

Flames gutted one of Berkeley’s busiest gas station early on the morning on Aug. 28, causing more than $700,000 in damage to the independent station U.S. Smog & Gas at 3000 Shattuck Ave. 

The station, run since 1996 by Shahzad Kahn and owned by him since 2003, has consistently undersold most gas stations in the East Bay. 

But the flames that were first reported at 2:54 a.m. were going strong by the time the first Berkeley Fire Department unit arrived moments later, said Deputy Fire Chief Gil Dong. 

By the time the flames were controlled at 3:40 a.m., 16 fire department personnel were on the scene. 

“They also had to protect the buildings nearby by,” said the deputy chief, including a home to the south on Shattuck and an apartment building to the west on Ashby Avenue. 

Some of the damage was inflicted by the firefighters themselves, as they were forced to cut through the station’s expensive roll-up doors that cover its garage bays. 

The official damage estimate is $500,000 in loses to the structure and $200,000 to contents, including expensive electronic gear used in smog-testing. 

“We also had PG&E come out to cut off the power to the building,” said Deputy Chief Dong. “We also notified the city’s Toxic Division to determine what kind of cleanup would be required.” 

Because the flames never reached the gas pumps outside, there was little danger of a gasoline fire, he said. 

Investigators have traced the origin of the blaze to an electrical problem, which may have involved both a heater and a refrigerator condenser. 

The gas station was also the location of a “spite fence” erected by Kahn to prevent the owner of the apartment building at 2076 Ashby Ave. from painting the eastern side of his building. 

Kahn had claimed that Athan Magannas had built the structure a foot over the property line, and demanded a six-figure payment. 

Magannas finally solved the problem by hiring workers to rappel down the side of the two-story structure and cover it with siding in the middle of the night. 

 

BART blaze 

Berkeley firefighters also handled a small Aug. 26 blaze that temporarily halted traffic on the BART near its North Berkeley Station. 

The call came at 6:46 p.m., resulting in the dispatch of a single engine to the tracks at Curtis and Gilman streets. 

On arrival, the firefighters saw smoke coming from the overhead tracks and called a first alarm. When the truck arrived, firefighters extended the ladder and climbed up to the tracks, while BART police shut down power to the third rail that powers the trains. 

A quick investigation determined that a fiberglass covering had fallen onto the third rail, which packs of punch of 1000 volts of DC power. 

After killing the flames with a dry chemical extinguisher, power was restored to the system and the trains rolled again after an hour’s delay.


Statements Stricken from AC Transit Challenger’s Ballot Statement

By J. Douglas Allen-Taylor
Thursday September 04, 2008 - 09:26:00 AM

An Alameda County Superior Court Judge has taken the first vote in the 2008 local general election, ruling that certain portions of AC Transit At Large Board challenger Joyce Roy’s submitted ballot statement were either false or misleading, and ordering them removed. 

Judge Frank Roesch’s ruling last week was in response to a lawsuit filed by Alameda County resident William Rowen. Rowen was represented by Oakland attorney David Stein, while Roy represented herself. 

Roy, a retired Oakland architect and public transportation advocate, is challenging AC Transit Board President Chris Peeples for Peeples’ At-Large board seat. 

Among the statements Roesch ordered omitted from Roy’s ballot statement were that AC Transit’s controversial Van Hool bus purchases are “sending jobs overseas,” that they are being conducted with “no bids,” that the Van Hool buses are “untested,” “cost more than American buses,” and “are hated by most drivers.”  

“We’re obviously pleased that the judge agreed with us and made the proper adjustment under the code,” Stein said by telephone following the verdict. Stein said that one of the reasons for the judge’s decision was that the statements at issue in Roy’s ballot statement “were allegations of a factual nature” rather than “political hyperbole,” and that Stein presented documents that refuted the factual allegations.  

But Roy called the lawsuit “a dirty trick that is probably going to backfire. I think this is going to call more attention to the issues than if they had been included in my ballot statement.” 

Roy has been the most persistent public critic of AC Transit’s growing relationship with Belgian bus manufacturer Van Hool, while Peeples has been Van Hool’s most ardent supporter on the board. In recent years, AC Transit has been turning to Van Hool for purchase of much of its bus fleet, and the transit agency’s relationship with the bus manufacturer will be at the center of the Peeples-Roy election battle.  

While Peeples identified Rowen as “a friend,” he said that the Rowen lawsuit “was not an official activity” of the Peeples campaign. Peeples said he did help provide Rowen with several AC Transit documents submitted with the lawsuit and brought Rowen in contact with a number of AC Transit officials who submitted declarations. 

AC Transit Manager of Media Affairs Clarence Johnson said that AC Transit had “no official involvement” in the Rowen-Roy lawsuit, and that any documents provided to Rowen were given because “an individual from the public asked us to provide him with factual information.” Johnson also said that “any involvement in the lawsuit by AC Transit officials was done on an individual basis, rather than by the district itself.”  

“As a public agency, we’re not allowed to have any involvement in political activity,” Johnson said by telephone shortly before the judge’s verdict was announced. “Whatever happens, we’ll live with the result.”


Haiti Chérie

By Judith Scherr
Thursday September 04, 2008 - 09:27:00 AM
Herode Garry Laurent poses with three children he works with in Cité Soleil in front of a home converted to a clubhouse, affiliated with Pax Christi, to keep children from the impoverished shantytown off the street and to help break up the factionalism among youth that divides those from upper and lower Cité Soleil.
Judith Scherr
Herode Garry Laurent poses with three children he works with in Cité Soleil in front of a home converted to a clubhouse, affiliated with Pax Christi, to keep children from the impoverished shantytown off the street and to help break up the factionalism among youth that divides those from upper and lower Cité Soleil.
A Haitian man walks by shacks in a Port-au-Prince shantytown. Behind the shacks is a housing project, begun by former President Jean Bertrand Aristide, exiled from Haiti by the international community.
Judith Scherr
A Haitian man walks by shacks in a Port-au-Prince shantytown. Behind the shacks is a housing project, begun by former President Jean Bertrand Aristide, exiled from Haiti by the international community.

N’ap bat dlo pou l fé bé (We’re churning water to make it into butter) 

—a Haitian proverb  

Why do I keep going back to Haiti? My son—a more practical person than I—suggested, with perhaps a hint of sarcasm, that if I wanted to write about poor people in a dangerous place, I could take a field trip to Richmond or even to nearby pockets of poverty and violence in Berkeley. 

But, for me, writing about Haiti isn’t just describing an impoverished people, although I do that, since most folks encountered are desperately poor and hungry. 

And it isn’t simply that I want to write about injustice in Haiti, though I do write about political prisoners languishing in jail and an out-of-control “peacekeeping” force. (For my story on a political prisoner jailed for almost four years, please see the Sept. 2 www.counterpunch.org.) 

In Haiti, I find everyday people display a life force or spirit that somehow carries them through hunger, imprisonment and tragedy. It’s this spirit I imagine propelled the people two centuries ago to face Napoleon’s army, throw off the yoke of slavery and win freedom against huge odds.  

It’s that spirit—and some forces that seem to act against it—that I’ll attempt to share with you.  

 

• • • 

Going up to Jeanette’s takes longer than planned. There’s just one way by car up the narrow, steep, dusty street, and that’s blocked by a truck trying unsuccessfully to claw its way up the hill. The driver tries again and again and again, each time lurching slightly forward, but in the end the truck’s wheels spin uselessly in the dust. 

More than a dozen people emerge from the small homes in the neighborhood—it’s a party, people laughing, joking, giving advice—lots of advice. 

The truck backs down to the intersection to let a pickup pass that is going downhill. The street is wide enough for only one vehicle.  

We wait at the crossroads as the driver and his advisers—the number grows as more people come to watch or help—return to the task at hand.  

A running start might get the vehicle to the top. But the truck gets stuck at exactly the same place it had before. Perhaps the answer is placing blocks behind the wheels and gunning the engine. 

Try mounting the hill in a zigzag.  

On one of its many descents the truck backs into the intersection, grazing a parked car. Hoots of laughter and a half-dozen men among the watchers physically move the automobile out of the way. 

The driver tries again. And again. 

We—another American reporter and I—want to get our friend Jeanette home. We have appointments to keep, people to see. It’s hot. Our water supply’s low. We seem to be the only cranky folks on the block. 

We shut off the engine burning the $6-a-gallon gas, having given up the fiction that we would soon be on our way. Jeanette gets out to help advise and disappears into the crowd. 

Now several more cars appear in front of and behind us at the intersection, all intending to mount the hill at some point in time. We’re all blocked by the truck, which has again descended near the spot where we are all waiting.  

Drivers emerge from the vehicles. More laughter. More advice, more opinions. More tries to make it up the hill. 

After more than an hour, with cheers and waves from bystanders and advisers, the driver decides retreat is the best course and backs his truck past the intersection and down the hill.  

Engines fire up among the cars better suited to mount the hill.  

No curses. No obscene gestures. Road rage, apparently, has not struck Haiti. 

 

• • • 

Tropical storm Fay’s torrential rains pound Port-au-Prince. People take advantage of free water by filling buckets and every container at hand. They laugh and sing in the rain.  

When the downpour lightens up on the edge of Cité Soleil, an impoverished shantytown, people wade into putrid water in nearby ditches, some with boots, most with street shoes. The rains have unearthed treasure: plastic bottles, metal scraps, pieces of wood float up to the scavengers who sell the bounty for pennies they hope will add up to a cup of rice or a few bananas. 

It’s rare to see idle people in Port-au-Prince. The bustle begins with the roosters around 4:30 a.m., followed by chatter that echoes through the streets mixing with music from radios. Buying and selling is the most visible occupation. The more goudes you make, the larger bulk you can buy and the closer you get to feeding your family two small meals a day with a little something left over to purchase produce for the next day. If the family has a goat or a couple of chickens to take to the slaughter house, they’ll likely sell them around this time of year for school fees, though many people said that fuel and food were so high they didn’t think they could pay for school this year.  

Some of the busiest people are the motorbike taxi guys who whiz by the tap taps bursting at the seams with passengers. In front of one shop, someone’s at work on a pedal-operated sewing machine and another is selling a few minutes’ time on a cell phone. Street kids wipe car windows. A man will shine your tennis shoes. 

 

• • • 

The United States recently built a massive $75 million embassy, taking some 10 acres of agricultural land out of production.  

Venezuela constructed a spectacular new marketplace with easy-to-clean tile stalls and concrete floors that can be hosed down. Public toilets, under construction, are part of the mix. Venezuela’s also cleaned up a garbage dump, transforming it into sports fields. 

I’d tell you what projects the United States is doing, but the embassy official interviewed made me promise not to quote her on anything she didn’t pre-approve. So, dear readers, I’ll just let you guess.  

In case you were worried, I can assure you the embassy is secure. To get to my appointment, I entered the building, gave the guard my ID, my camera and my recording equipment. My remaining stuff and I went through an airport-type security screening. That earned me a preliminary visitor’s badge. I then proceeded to the second screening area, this one manned by two unsmiling Marines. There I handed over a second ID, went through a second screening and traded my first badge for a second. 

Why do they hate us, anyway? 

 

• • • 

The U.N. has no such process. We told the gatekeeper our appointment was with Sophie Boutaud de la Combe. That was confirmed and we entered without showing IDs. Sophie took us to her office for a briefing on all things MINUSTAH, the United Nations Stabilization Mission in Haiti. That’s the “peacekeeping” force that replaced U.S. Marines in June 2004 after the United States forced President Jean Bertrand Aristide out of the “sovereign” country and into exile in February 2004. 

Among the things we asked was why the U.N. teargassed a market woman we had met in Cité Soleil—Sophie would get back to us on that—and why there had been no compensation paid or apology made to the man whose wife, unborn baby and two young children were killed in a 2005 U.N. incursion into Cité Soleil. 

An ace PIO, Sophie said she hadn’t heard about either incident and asked if the victims had filed complaints. They should have, she said. These two people and other victims of U.N. abuse told us they didn’t know how to make complaints.  

The process is spelled out on the MINUSTAH website, Sophie said. (We’ve been unable to find it.) When we noted that most Haitians have no Internet access, Sophie had an idea. She’d look into making posters to detail the U.N. complaint process and would have them placed in strategic Cité Soleil locations. 

Even after asking lots of questions, quite frankly, I’m still not sure where the $575 million annual budget goes. Some of it, of course, is play money for the 9,000 soldiers. One sees U.N. SUVs parked in the lots of air-conditioned European-style stores, in front of bars and restaurants in the hills and in front of homes the U.N. rents in the gated Bellevue neighborhood or in front of the mansions in upper Pétionville. 

Sophie says the U.N. has cracked down on soldiers paying 12-, 13- and 14-year-old girls for sex. “We have zero tolerance,” she said. 

And I’m sure Sophie would like you to know that the prisons are overcrowded—3,800 at the National Pen. built for 1,200—in part she says, because of MINUSTAH’s work “professionalizing the police,” putting more alleged criminals behind bars. (Many will sit there for years without seeing a judge.) 

 

• • • 

The good life of a U.N. soldier is quite a contrast to life in Cité Soleil. Yet a friend who grew up in the slum, where news reports dwell on stinking sewers and gang violence, says he thinks fondly of his childhood there. He remembers helping his mother, who sold water to put her children through school. 

Even as he is building a concrete block house in a nearby suburb, the friend said he begged his wife for a tiny part of the house to have a tin roof. 

“I want to hear the raindrops falling like I did when I was a child,” he said.


Opinion

Editorials

Sarah Palin Fails Her Most Important Job

By Becky O’Malley
Thursday September 04, 2008 - 09:30:00 AM

What’s a feminist to think? In my youth, people talked about trying to figure out the “standard liberal position” on a controversial issue. Later on, “liberal” got to be a no-no word as the hip left competed to see who could be more radical than thou. “Politically correct” was used without irony for a season or two among those who had an old left background, only to acquire a sarcastic edge among the rest of the left who distrusted the verities of previous eras. The compromise word de jour seems to be “progressive”—it’s a word even Republicans have been known to use. 

The term “feminist” has undergone a similar evolution. Regardless of what it meant in 1972 (and it meant many things to many people in those days) it seems to apply today to anyone who thinks a woman’s life choices should not be limited or defined by her gender. “Feminist” had a pejorative period, but that seems to have passed. Again, today even Republicans might qualify. 

But the selection of Alaska’s Miss Congeniality as John McCain’s running mate is putting a severe strain on any of the many kinds of feminist analysis now available to the au courant political pundit. And the news has been changing so fast that political writers are compelled to disclose not only the day but even the hour at which they reached their current conclusions. So readers should know that they’re now reading my Tuesday morning opinion, but by the Planet’s Thursday print issue it could all be different again. 

Let’s start with the bottom line, and then we can see how we got there. 

There’s no fool like an old fool, we old wives are prone to say, and John McCain has shown himself to be the prototypical, quintessential old fool in this one. What could he have been thinking? Or was he thinking at all? 

His choice of an essentially inexperienced ex-beauty queen to be a heartbeat away from a 72-year-old cancer survivor was bad enough. Worse was his campaign’s Tuesday announcement that they’d known about all Sarah Palin’s excess baggage all along: the pregnant daughter, Troopergate, Sarah’s long-standing support for the Alaska Independence Party (that one’s still building) and more. Exactly who thought that none of this mattered, and why did they think that? 

Barack Obama chivalrously said that families should be off limits, and since he’s the candidate that’s the right decision for him. But for the rest of us the question of how Sarah Palin has been discharging her life responsibilities should not be off limits at all, and in fact it should be central to the discussion of why McCain has demonstrated his complete lack of common sense in this matter by choosing her in the first place. 

Feminist though I am, I’m old-fashioned enough to think that if you decide to have children your most important job until they’re grown is raising them properly. Let’s hear no cant about Palin’s not “choosing” to have her five children. Anyone who understands the mechanics of conjugation between a man and a woman is choosing to have children unless they choose to prevent it. Even if you’re married, abstinence from man-woman sex is a surefire method of not conceiving the children you don’t plan to care for. This applies equally to men and to women. 

And Palin has not had any jobs so far that were anything like as hard as parenting a family of any size. Being the mayor of a little suburb with few administrative powers or responsibilities should have been a piece of cake. There are fewer people in Alaska than, say, Austin, and because of the oil bonanza it shouldn’t be nearly as hard to balance the budget there as it is in real states like California. Anyhow, the story about firing the guy who refused to fire her ex-brother-in-law suggests that Sarah hasn’t been doing a stellar job as governor. 

Does she get any extra points or demerits because she and her daughter are opposed to abortion, and have chosen to bear children in situations where some might have chosen abortion? Of course not—if being pro-choice means anything, it should mean not spending a lot of time dwelling on whether someone else’s choice in this sensitive and emotional decision is right or wrong. 

But being pro-choice does not mean approving any parent’s decision to neglect children once they’re born. Sarah and her husband will soon be responsible for six children altogether, since Bristol is obviously still no more than a child herself, despite her 16 or 17 years of life. Her mother’s cheery prediction that pregnancy “would make her grow up faster than we had ever planned” is not likely to happen. 

Make that seven kids, if the father of the newest baby is inducted into the Palin clan via a shotgun wedding. He said on his My Space page that he didn’t want kids, but now he’s got one, like it or don’t. It’s unlikely that he’s ready to be much of a parent either. 

What Sarah Palin did have a choice about, and still does, is taking care of all the kids she’s got. And don’t suggest that her husband will do it alone, because it’s too much for one person, male or female. For starters, though Down Syndrome kids can be a great joy to their parents, they also need even more hands-on attention than other babies, both when they’re infants and as they grow up. Bristol was pictured clutching little Trig during one press conference, but what’s going to happen when there are two babies who need someone to hold them? 

The middle Palin children are girls 13 and 7, just about the ages of my three granddaughters, who among them have four excellent fully functioning parents (not to mention grandparents and a great-grandmother) who have their hands full taking good care of their kids while also working at jobs. Just the needs of these two little girls alone should have been enough to cause Sarah and Todd Palin to question whether this is the year for her to undertake a demanding new career move—and they have five more to take care of. 

The oldest Palin child, a boy of 18, has gone into the army right out of high school. That’s usually the career choice of young people who don’t have many other opportunities available. 

Young Track Palin (even more unfortunately named than his sisters) would be better advised to continue his education (with ROTC if his patriotism demands it) instead of signing up for the Bridge to Nowhere that the invasion of Iraq has become. The fact that he decided to join the army instead would be taken as evidence of parental failure in many circles 

The final sentence in Palin’s announcement of her daughter’s condition was particularly unfortunate: “Bristol and the young man she will marry are going to realize very quickly the difficulties of raising a child, which is why they will have the love and support of our entire family. We ask the media to respect our daughter and Levi’s privacy….” 

Being president, or even vice-president, requires much more than the usual amount of focus and dedication, and leaves officeholders much less time to devote to their families. If the Palins, especially Sarah, really want to support these pregnant children, they would put their own professional ambitions on hold until both babies were in school and the young mother and father were able to support themselves and their child. If Sarah respected the privacy of the daughter and the boyfriend, she would not have thrust herself—and them—into the spotlight at this particular difficult moment. 

There’s no feminist ideology that mandates exploiting and neglecting your kids in order to get ahead. Nancy Pelosi, another mother of five, did it right, and Palin could too if she had an ounce of compassion or a grain of sense. 

The race for the U.S. presidency is not just one more beauty contest. That neither Sarah Palin nor John McCain seems to know this ultimately reflects on their judgment. It is clear and convincing evidence that neither is even remotely qualified to be president. And if a majority of Americans allow themselves to be hornswoggled by these two fools, the rest of us are going to have to consider moving to Canada.  

 


Cartoons

GOP Hiding Behind Skirts with VP Choice

By Justin DeFreitas
Thursday September 04, 2008 - 12:26:00 PM


Storming the New Camelot

By Justin DeFreitas
Thursday September 04, 2008 - 12:26:00 PM


Public Comment

Letters to the Editor

Monday September 08, 2008 - 12:59:00 PM

OAK GROVE 

Editors, Daily Planet: 

I have but one word for you, your reporters, Ayr, Dumpster Muffin, Doug Buckwald and all the other crazies who have tormented my alma mater for the past year and a half: TIMBERRRRRRRRRRR! 

Jeff Ogar 

 

• 

DESTRUCTION OF THE GROVE 

Editors, Daily Planet: 

Chancellor Birgeneau brings shame upon himself and the University of California at Berkeley by supporting the decision to destroy the Memorial Stadium oak grove in order to build an athletic building in the wrong place. To order the destruction of these magnificent trees when our planet needs more trees, not fewer, is unconscionable. And Chancellor Birgeneau makes himself responsible for the harm that will come to students and staff when the predicted earthquake breaks the surface on the Hayward Fault beneath Memorial Stadium and the new athletic facility. 

It is terrible to see this once-great state institution of higher learning subverted to serve athletics and business and technology and profits instead of the education and intellectual growth of young Californians. 

Charlene M. Woodcock 

 

• 

VENUS FLY TRAP 

Editors, Daily Planet: 

The university seldom permits science to get in the way when the opportunity to make big money beckons.  

Several decades ago, against the advice of Dr. John Gofman and others, it conducted extraordinarily reckless radiological experiments that have bequeathed to us all cancers. Regents, scientists, and engineers got rich on literally trillions of dollars squandered on the nuclear arms race, and the rest of us were left holding the oncological bomb they made. 

Now the university is compounding the original sin of building a stadium in one of the most dangerous places in California against the advice of eminent geologists such as Dr. Garniss Curtis. I presume that the Regents and administrators have limited liability so that when the inevitable catastrophe occurs, it will be us—the people of California—who will have to pay for their folly.  

I, for one, will never step into that Venus flytrap of a stadium. 

Gray Brechin 

 

• 

BIASED ORDER AGAINST ROY 

Editors, Daily Planet: 

Alameda County Superior Court Judge Frank Roesch should have recused himself from hearing the ridiculous case against the ballot statement of AC Transit Board challenger Joyce Roy. At the hearing he admitted that he is also a friend of incumbent Chris Peeples and the so-called independent resident (William Rowan) who brought the complaint against Roy for calling spades what they are. If purchasing buses from a Belgian company—instead of buying them from U.S. bus manufacturers—does not effectively send jobs overseas, I don't know what does. AC Transit requested bids in such a way that only one manufacturer fit the specs—effectively a no-bid process. Since the Van Hools went online, I've met only one AC Transit driver who said he likes them. (I usually ask, because I'd like them to vanish.) I don't think Roy's statements were out of line, and this lawsuit sounds like a cabal to me. (And an act of desperation.) Peeples can't seem to get it through his head that many AC Transit riders loathe these buses, and that as a board member he should be looking out for the agency's financial health and the health of its riders. The Van Hool buses are detrimental to both. 

Joan Lichterman 

Oakland 

 

• 

CELL PHONE ANTENNAS 

Editors, Daily Planet: 

As we have been witnessing, people from different parts of Berkeley have been opposing the installation of cell-phone antennas in their neighborhoods. In the early 2000s, it was around Solano Avenue; in 2002-2004, it was around 1600 Shattuck Ave.; in the past two years, it has been around UC Storage on the southside. 

Currently Verizon plans to install 10 antennas and the corresponding equipments at the French Hotel at 1540 Shattuck Ave. In the vicinity of this hotel, there are three antennas at 1600 Shattuck and four more at 2095 Rose (at Shattuck). 

In order to push its application, Verizon had a meeting with the neighbors of the French Hotel on Sept. 3. Five people attended this meeting and all opposed Verizon's plan. In this meeting, one of the Verizon agents revealed that the new Telecommunication Ordinance has not been ratified. That is, there is no working ordinance available at this point. Thus, the question are: Why is the city Planning Department having a Zoning Adjustments Board public hearing on Sept. 11 to decide on use 

permit for the French Hotel antennas? If there is no ordinance, based on what will ZAB decide? This is a kind of lawlessness. What happened to the rule of law? 

Is ZAB going to rubber stamp yet another application? 

Besides, District 4 does not have a councilmember. Neighbors of the French Hotel plan to fight Verizon's plan and need the guidance and support of their councilmember (who will be elected in the November elections.) 

Therefore, we the neighbors of the French Hotel would like to ask you and the Planning Department to postpone the ZAB public hearing on Verizon's application until there is an approved Telecommunications Ordinance and until there will be a councilmember for District 4. The public hearing should be postponed. 

Shahram Shahruz 

 

• 

RICHMOND CASINO ACCORD 

Editors, Daily Planet: 

Our sincerest gratitude to your newspaper, and to the excellent reporter Richard Brenneman, for the continued quality coverage of the lawlessness in Richmond. 

Citizens for East Shore Parks successfully sued the City of Richmond for the second time in the past couple of years because Richmond continues to break the rules. The public has a basic right to know the impacts of a project before signing off on it. The majority on the Richmond Council has trampled that right the last two times gambling money has been promised. 

Congratulations also to Contra Costa Superior Court Judge Barbara Zuniga, who saw through the self-serving arguments of the casino proponents and ruled that the city had to do an environmental impact study before considering the casino project. 

Our environmental protections are essential for the 12 species along our East Bay Shoreline whose existence is threatened and who rely on the bay for survival; and for the residents of the East Bay who rely on the bay for recreation, sustenance and renewal. The continued loss of species and habitat on our small planet ought to be reason enough to protect the environment. Failing that, cities should at least abide by the law. 

Robert C. Cheasty 

President, Citizens for East Shore Parks 

 

• 

SUNSHINE ORDINANCE 

Editors, Daily Planet: 

The only candidate who is running for mayor who has pushed for an extremely strong version of the Sunshine Ordinance is Zachary Running Wolf. 

Before you write off Wolf as a radical or extremist, note that he has the strongest platform of any mayoral candidate and is by far the most green as he does not own a car and bikes everywhere. 

Do you want more people that are just tools of the university? 

Or do you want a man who will stand up for the needs of the people?! 

John Samos 

 

• 

BUS RAPID TRANSIT MAKES NO SENSE 

Editors, Daily Planet: 

If I were in downtown Berkeley and wanted to travel to San Leandro, I could take a normal bus, which takes about 90 minutes or the faster 1R, arriving in about 75 minutes. I could hop on BART and be there in 32 minutes. I could also drive, arriving in 25-35 minutes depending on traffic. BRT wants us to pay another couple hundred million to be able to arrive by bus in 60 minutes. I fail to see the huge advantage in this. Yes, when I ride the bus, I prefer to go faster. But lopping off 20 minutes from an 80-minute commute is not worth $450 million, especially when I can carpool, drive or take BART and get there in half that time. None of the other BRT positives (surface connectedness, decreased emissions) and negatives (Telegraph lanes) really matter because these numbers are so abysmal. It’s laughable that this proposal is even considered for funding—we must be quite wealthy. 

Furthermore, I am offended when planners/supporters mention as their BRT goal "forcing drivers out of their cars" as has been said numerous times in this paper. The goal ought to be congestion reduction and transportation improvement, not behavioral modification. If people need to drive, let them make their own choices as to whether it's best for them rather than assessing their situation from a distance and determining that they shouldn't be driving. Doing so is elitist and condescending—no one likes other people's beliefs imposed upon them, even if in the name of environmentalism. 

Damian Bickett 

 

• 

SARAH PALIN AND CENSORSHIP 

Editors, Daily Planet: 

Regrettably, we hear very little in the media about vice presidential candidate Sarah Palin's attempt at censorship when she was mayor of Wasilla, Alaska. Why? Maybe the public doesn't want to be confused or embarrassed by unsavory facts in light of Palin's speech at the Republican Convention. To me, her attempt at censorship is alarming, especially for a vice presidential candidate. Censorship violates the First Amendment, a fundamental principle of a democracy. Just what happened? 

Back in 1996, when she first became mayor of Wasilla, Sarah Palin asked Mary Ellen Emmons, the city librarian, three times—one time in an open City Council meeting—about possibly removing objectionable books from the library if the need arose. Emmons flatly refused to consider any kind of censorship. Emmons then got a letter from Palin asking for her resignation. She refused. Palin later said the letter was just a test of loyalty. Palin fired Emmons, but was forced to rescind her action after Wasilla residents made a strong show of support. 

This incident was widely reported in the Alaska press at the time. Therefore, John McCain or his staff knew or should have known about the incident. Yet, McCain still selected her as his running mate. I, therefore, conclude that he approves of Palin's attempts at censorship or more likely, decided for political reasons to ignore the incident. He needed Palin to solidify support of the Republican's right wing base.  

We already have an administration that has been accused of suppressing or censoring information that goes against their political and religious leanings. I for one do not want another leader of questionable character leading our nation. This is not "change;" this is more of the same. 

Ralph E. Stone 

San Francisco 

 

• 

PALIN EDITORIAL 

Editors, Daily Planet: 

I take issue with Becky O'Malley's editorial about feminists and Sarah Palin. While I disagree with Palin's positions on just about all the critical issues, and I feel McCain's choice of her as a vice presidential candidate shows his poor judgment, I don't think feminists can properly criticize Palin for not staying home to raise her young children.  

The basic tenet of feminism, as I see it, is that women and men should have equal opportunities. Parents of either gender are responsible to make sure that their children are well cared for, but that doesn't necessarily mean that the mother must stay at home to do the job. Fathers, aunts, uncles, grandparents, other relatives, friends, and professional child care workers can, and often do, fulfill the bulk of child rearing responsibilities in many families to the benefit of the children they care for. Some women are particularly good at childcare; so are some men; and some of both genders are less suited to this role by temperament, experience, age, and other factors. In my own family, I was more ambitious about my career and received more satisfaction from it than my husband did from his, and before we had children we often bantered that he'd be a better father than I would a mother. In the late 1960s, when our children were 1 and 3 years old, through a series of circumstances we decided to make the switch, unusual at that time: I would be the primary breadwinner and he the primary child raiser. My children benefited enormously from having a stay-at-home dad.  

Now many more families choose that way of life, and it pleases me greatly to see wider acceptance of fathers and male caregivers at playgrounds, preschools, and parent-participation events at elementary schools. 

Let's not take a step backward from the feminist impetus to give greater choice of family roles to both genders just because we dislike a particular female politician who has chosen to have others handle the bulk of care for her children while she pursues her career. Unless we demand the same from men, chiding Sarah Palin on this issue is an anti-feminist stance. 

Zipporah Colllins 

 

• 

S/MOTHERING 

Editors, Daily Planet: 

I was surprised to hear Becky O'Malley sounding so old-world conventional. So much has been put onto parents they've become largely insufferable. They've certainly been irritating their children beyond measure, to the point the children have been behaving crazed. They don't have time unsupervised except in rare cases—you know, time to just be on their own meandering in the neighborhoods and to places where friends gather and figure out games to play and places to explore. 

I realize our living has become more threatening these last 50-60 years than when I was so new. But parents and teachers need to back off. Parents being able to be part of the community working outside the home is a good thing—if the job is good, which it too often isn't—but that's another issue. 

Meanwhile, the endless list of how unbelievably abhorrent are our candidates wrongly calls her to mother her children. It'll get done—too much. 

Norma J F Harrison 

 

• 

TO WOMEN DEMOCRATS 

Editors, Daily Planet: 

Please stand up to the Republican attempt to define feminism in the discussion of vice presidential candidate Sarah Palin. She is anti-abortion, anti-gay, anti-gun control, anti-environmental protection, and anti-science. In addition her ethics are dubious, despite her self-characterization as a reformer. Those positions aren’t part of any feminism I recognize. Feminist values are inclusive, egalitarian, serious about social welfare and environmental stewardship, rational, fair, and never demeaning of others. 

Sarah Palin is a brilliant political weapon: discriminatory, regressive policies in a palatable, mediagenic package, with a demonstrated ability to get off a zinger with the best of them. Not only do cultural conservatives love her, she appears to be seducing moderate undecided voters. 

On the first Wednesday in September, the Republicans sent out a phalanx of women to loudly decry the sexism of attacks on Palin. The extent to which Palin’s family life is a prism for her policy positions and therefore is fair game for scrutiny is debatable, but the crying of sexist foul was aimed at seizing the discourse, stifling debate, and throwing up a smokescreen to divert attention from what Palin has done in office and would do as vice president. It was a calculated tactic used by the Republican leadership, and they won’t hesitate to use that weapon again. 

Shrill, righteous indignation isn’t the style of liberal Democrats, but please quickly, forcefully, and publicly counter these attacks. Don’t let them redefine feminism. We need a strike force of women Democratic leaders to fight the smears and misinformation. Please show the country at this critical moment what true experience and leadership in office—and true feminism—look like. 

Rebecca Freed 

 

• 

RIGHTWING NIGHTMARE 

Editors, Daily Planet: 

Well, by the lord livin' Jesus, hasn't Sen. McCain picked a sure-nuff winner. Good God almighty, just listen to her talkin' 'bout not killin' babys, and not raisin' taxes for folks who made their money the hard way, and keepin' America safe by havin' a firearm in every home, and supportin' our heroic troops in eyerak, and makin' good, clean fun of that colored fellow who seems to have hyponotised us by his fancy speechifying, etc. etc. She is for everythang that God bless America stands for! And when McCain has his heart attack and she takes over, watch out America; those of half of us who didn't vote will finally get what we deserve. Ms Palin is the rightwing nightmare of our budding century. 

Robert Blau 

 

• 

GOP DIVERSITY 

Editors, Daily Planet: 

As Jon Stewart noted, Minnesota was the only place the Republican Party could hold its convention that was whiter than the Republican Party itself. Of the 2,380 GOP delegates, only 36 were African American. So much for diversity. 

Alaska is the only state that does not collect state sales tax or levy an individual income tax. To finance state operations, they depend primarily on petroleum revenues. "Drill Here, Drill Now!" indeed. Only last month, Alaska's state legislature approved a $1,200 rebate to every resident, thanks to levies on oil profits. No wonder Gov. Palin is so popular back home. Let's keep her there. 

And then there's this from comedian D.L. Hughley: "When white girls get pregnant, they get a movie. When black girls get pregnant, they get a visit from a social worker and a box of condoms." 

Eric Mills 

Oakland 

 

• 

PITBULLS AND LIPSTICK 

Editors, Daily Planet: 

Repeatedly, consistently the media now defines Sarah Palin as a “self-described hockey mom.” No one needs an MD degree to recognize the description as an emblematic media deceit. But in her next sentence Palin defined “hockey mom” as a “pit bull with lipstick.” The media avoids repeating the harsher descriptive innuendo. How many soccer and hockey moms across the United States think of themselves as pit bulls—outside of the political clique that Palin represents? The cross over in her logic from “genteel to aggressive” is demagoguery. How many soccer/hockey moms across the United States would have the temerity and arrogance to walk away from a mayor’s job in a very small town they had put $20 million in debt to run up the ladder of political power? Or to try and fire a town librarian for refusing the mayor’s request to remove certain books, or the head of the state police for refusing to fire someone singled out by the governor? Most soccer/hockey moms would care more about the welfare of their community than to behave like that. The media—lazy and cost-driven—can choose to let Palin succeed or fail by her own words but if so how can they avoid including “pit bull” as part of “hockey mom” without becoming a mouthpiece for McCain-Palin?  

Marc Sapir 

 

• 

O'MALLEY VS. PALIN 

Editors, Daily Planet: 

It is easy to understand why progressive feminists are in a tizzy over the presence of Sarah Palin on the political scene. On many levels and for many reasons that are probably best left unexpressed, these women are seriously challenged, not by Palin herself, but by the light her presence casts on their choices, values, and viewpoints. Under the circumstances, a loss of objectivity might be expected and that statements made by some of these women will be indefensible and purely reactionary. But this is America, everyone is free to say just about whatever they want to and it's of the utmost importance that they do so. 

Mrs. O'Malley is an American who is fortunate enough to have a newspaper with her own editorial page. Do you think that makes her more or less free to say just about whatever she wants to on that page? In her recent scathing review of Palin, O'Malley aptly demonstrates the kind of thinking that is typical of her faction and serves only to drive independent and undecided voters away from the Democratic Party. For example, she suggests that because of Alaska's oil wealth and small population, it should be easier to balance the budget there, than in a real state like California. What!? Alaska isn't a real state? Her central idea may be correct but the statement of that idea is simply irrational and a person need not be from Alaska to take exception to it. She then continues with inappropriate attacks on Palin's innocent children, making fun of their unusual names and personal choices. But perhaps her most grievous error in judgment comes with her closing statement wherein she suggests that if McCain and Palin are elected, she and her ilk might have to consider moving to Canada! 

Becky, what makes you think you'd be any happier or better-adjusted living in Canada? Go south old woman; you might find Venezuela more to your liking. Please take the Berkeley Daily Planet with you and rename it the Bolivar Daily Planet. Godspeed, there's no need to wait until Sarah Palin becomes your next VP. 

Brian Gabel 

Oakland 

 

• 

WIN GOES TO PALIN 

Editors, Daily Planet: 

There are at least two distressing observations to be made regarding the recent conventions. First of all, we should realize that by using most of his standard-issue acceptance speech to demonize McCain and by presenting a lackluster biographical film that seemed anxious to stress his affection for elderly white ladies, Obama has withdrawn from contention the history-making, charismatic, race-transcending visionary who promoted himself as the vehicle of our faith and hopes. He reduced himself to simply being the guy we have to vote for in order to stop the out-of-touch John McCain. The second painful observation is that in meeting Obama’s low-experience, high-personality, history-making challenge, the Republicans have radically re-shaped the election race and tossed out traditional political reality. The contest is now effectively between Barack Obama and Sarah Palin, who has given all sorts of voters something to vote for. She’ll deliver many more votes than previous Vice Presidential candidates. If I had to guess the winner, I’d have to say that barring any catastrophic revelations about the Palins, the election is effectively over. The winner? Sarah Palin and the other person with her on the ticket. When did this win take place? A few seconds after Sarah Palin started talking in front of the RNC television cameras that presented her to 40 million spectators. 

Richard Pruitt 

Oakland 

 

• 

REVERSE DISCRIMINATION MUST END 

Editors, Daily Planet: 

We have never seen such hatred of white women in a position of power. Hillary is a white woman the same color as Nicole Brown, who was murdered by her ex-husband and we all know that reverse racism was involved in O.J. Simpson being declared innocent. 

One day perhaps white bashing will end. Obama is half-white and was raised by his white mother who loved him dearly and made sure that he ended up living a life of privilege.  

White folks don’t have to continue to kiss up to the brothers because of the color of their skin. Perhaps it is time for whites and blacks to end their sense of superiority over each other. As a half-Mexican, half-Arab person I understand the anger and mistrust on both sides.  

When my sister and I went to junior high school in San Francisco we used to walk past Lowell and the white boys would shout, “You dirty Mexicans!” We lived in an 80 percent black neighborhood and were treated very well by our black neighbors. 

It has taken my sister and me a long time to forgive this form of abuse. Many of my white friends helped me get beyond these experiences by restoring my faith in humanity. Indeed, we live for the day when all people will accept each other. 

Diane Arsanis-Villanueva 

 

• 

AN INVALID ARGUMENT WIELDS A VALID CONCLUSION 

Editors, Daily Planet: 

The Republican National Convention took four days to establish this invalid syllogism: 

Republicans want McCain. 

Republicans want change. 

Therefore, McCain wants change. 

From the vast distance in space and mind that separates me from the RNC, the argument carries this quite valid corollary: 

Americans must make McCain the 44th president so that 

He can clean up the mess he helped the 43rd president make. 

Marvin Chachere 

San Pablo 

 

• 

McCAIN'S CONFUSED IDEOLOGY 

Editors, Daily Planet: 

A shocking new video shows that in 2003, in front of the Council on Foreign Relations, Sen. John McCain said he was more concerned with the war in Iraq, and that we could "muddle through in Afghanistan" without a large number of forces. Sen. McCain showed poor judgment and forethought, which is disturbing given that he says this area is his strong suit. He is so out of touch and misguided, he should not and cannot be elected president. God save our nation. 

Richard Berryman 

 

 


Letters to the Editor

Thursday September 04, 2008 - 09:30:00 AM

RECKLESS 

Editors, Daily Planet: 

If ever a politician could be found guilty of reckless endangerment, John McCain is the one when the 72-year-old candidate selected the totally unqualified Sarah Palin as his running mate. This act calls into question McCain’s judgment and is an omen for the kind of “maverick” judgment he would exercise if ever he were to occupy the White House. He has endangered the country and the world by selecting someone so absolutely unprepared to lead the most powerful nation on earth. McCain has disrespected Hillary Clinton and her supporters and insulted the intelligence of the American people by playing the most cynical kind of gender politics when he chose a female running mate so ill-qualified to be commander-in-chief. Hillary Clinton was and is truly qualified to exercise that leadership; Sarah Palin is not. Americans will see through this ploy. If you see John McCain limping in days to come, it is because he has shot himself in the foot. 

Robert Blomberg 

 

• 

AC TRANSIT  

CAN’T BE TRUSTED 

Editors, Daily Planet: 

True believer Alan Tobey, in his most recent fallacy-filled letter about Bus Rapid Transit (Aug. 28), says “AC Transit has committed to mitigating any potential increase in neighborhood traffic that would result from its project.” But the question is, how? 

This reminds me of when I asked an AC Transit representative where the “promised” replacement parking would be—to make up for the loss of most of the street parking on Telegraph Avenue. He launched into a long, obfuscatory and theoretical reply, containing no reference whatsoever to an actual location, because (of course) you can’t “replace” parking when there’s nowhere to put it. 

Gale Garcia 

 

• 

A PRETTY FACE 

Editors, Daily Planet: 

It looks like Senator Experience just used his good judgment to select the prettiest girl to be his running, er, mate. No more long, lonely hours on the, ahem, Straight Talk Express! The old codger still has a few tricks! Whadda guy. 

Doncha just love the way Republican pundits are spinning her “executive experience!” 

Clearly, the Republican candidate and his party have put political game-playing way above concern for governance, and yet their slogan is “Country First.” Go figure. 

As for her family situation, how can I say this in a politically correct manner? A four-month baby needs a lot of time in the arms of its mother. Most mothers feel a similar need to be close to their baby. And a Down syndrome baby needs even more maternal attention! So what kind of family values is Palin exhibiting by going off on the campaign trail for the next 60 days? Oh, and maybe her pregnant 17-year-old daughter might need some maternal attention as well. 

If she was half as promising a politician as Republicans would like to pretend, she would have sat this election out, developed even more “experience” as governor (of a state whose population is less than many California counties), and then, perhaps, she’d could become a formidable candidate in four or eight years. But youth’s inexperience is to jump at opportunities, even when not ready for them. And age’s desperation blinds McCain on her pretty face. 

Bruce Joffe 

Piedmont 

 

• 

BRISTOL AND HER MOM 

Editors, Daily Planet: 

On the evening news I learned Sarah Palin, the fundamentalist Christian governor of Alaska and John McCain’s choice to be his backup president, opposed comprehensive sex education in public schools and supported abstinence-only instruction. I also learned her 17-year-old unmarried daughter, Bristol, is five months pregnant. 

Bristol was instructed in her mother’s religious worldview from the get-go. Fundamental to this worldview is the belief God sees and knows everything. The implication of this belief for Bristol’s behavior is that she believed God was present while she and her boyfriend were having sexual intercourse. The question is: Why didn’t this belief in God’s omnipresence inhibit her from doing what her mother and father (and God) disapproved of? 

The answer to this question was supplied by John McCain during the news report of Bristol’s pregnancy. He said of Sarah—while enumerating her many excellent qualifications to be the president of the United States in the event of his untimely death—that she puts her country first; which means she puts governing—wielding political power—before her children. 

Sarah has five children, the youngest of which is four months old. Bristol is five months pregnant, which means that after she learned her mother was pregnant she got herself pregnant. 

What do children do when one or both parents put them second or third or fourth in their priorities? They get revenge. 

We know Sarah puts governing first in her priorities; and it is very likely she puts God (Whose will she imposes on her children) second; so her children are at least third in her priorities. 

Sarah said she unconditionally loves Bristol and supports her decision to not have an abortion. Would she have supported her daughter if she had wanted an abortion? If not then Sarah unconditionally loves Bristol only if she does what she wants her to do.  

Gregory Konakis 

Daly City 

 

• 

FIRE AND BRIMSTONE 

Editors, Daily Planet: 

Does John McCain believe in the end of the world like once evangelical spiritual mentor John Hagee? Does McCain believe like Hagee that supporting Israel will bring about the final battle of Armageddon, with satanic armies descending on earth? 

Fire and brimstone Pastor Hagee is best known for denouncing Catholicism as a “godless theology of hate.” Hagee called Hurricane Katrina “the judgment of God” to punish gays in New Orleans. And John McCain declared himself “very proud” to have Hagee’s endorsement. 

Does John McCain’s VP pick, evangelical Sarah Palin, who would be only a heartbeat away from the presidency, think the same way? 

Ron Lowe 

Nevada City 

 

• 

SINGLE-PAYER BILL  

IS ON GOVERNOR’S DESK 

Editors, Daily Planet: 

Sheila Kuehl’s single-payer healthcare bill, SB 840, passed the California Legislature (for the second time) and now sits on the governor’s desk. There will be an important rally in Sacramento on Monday, Sept. 8 followed by a march to his office to pressure the governor to sign this health care for all bill (SB 840) into law. There are buses coming from a number of cities. However, the media blackout (or brownout) must be overcome if this is to be a major event. Please do consider the importance of gaining more attention and putting more pressure on Arnold around this vital issue right now. To reserve a seat on the bus leaving from Ashby BART at 9 a.m., call the California Alliance of Seniors at 663-4086. Now is a key moment for the public to be visible on guaranteeing healthcare for all. 

Marc Sapir 

 

• 

STOP REPAVING! 

Editors, Daily Planet: 

Please stop repaving our streets! 

Ever since Channing Way between Sacramento and San Pablo has been scraped for resurfacing, our neighborhood as become much more safe and peaceful. Cars now drive at or below the speed limit and bikes and cars slow down when reaching intersections. Cars that have loud stereos thumping as they drive by now take alternate routes. No one is doing donuts in our intersection any more. 

If you can just get the construction equipment to move along, all the dust and noise will settle down, and we can enjoy our neighborhood again. 

Jeff Troutman 

 

• 

VIRTUES OF TELEVISION 

Editors, Daily Planet: 

Becky O’Malley’s Aug. 28 editorial gives me a chance, always a welcome one, to comment on the foolishness of TV-hatred. Of all our educational or entertainment venues, O’Malley and many others seem to curiously feel that TV has an edge on “dreck”? Freedom of expression, visual or auditory, will unfortunately include its share of rubbish, including, at times, our wonderful Berkeley Daily Planet. 

Being 81 and disabled, my TV is a miracle to me. I can watch Berkeley leaders at the City Council! Our U.S. Congress on C-SPAN; university lectures; “Democracy Now”; concerts; design; history; health; and at times, we even need to seriously laugh at the comedians.  

As O’Malley described, watching Caroline Kennedy and her uncle Teddy, was an emotional visual gift. This reminded me of the drastic change that television has made in our political education. The old exciting political-conventions acknowledged, we know these candidates a lot better...but, most importantly, seeing “the WAR on TV,” seeing previously mysterious cultures and world attitudes, the face of world communication and cooperation will never be the same. 

Gerta Farber 

 

• 

LONG HAUL STORY CORRECTION 

Editors, Daily Planet: 

I am writing concerning your Aug. 28 article which concerned the Long Haul and referenced me. 

The article stated that I used the Long Haul Office at 3124 Shattuck Ave. as a law office and that I was an ACLU lawyer. 

My office is at 3050 Shattuck (almost exactly across the street from the Daily Planet). It has been there for 23 years. My office has never been at the Long Haul. I am also not an ACLU lawyer although I have done several cases with the ACLU including the litigation that overturned Measure O (the Panhandling law) in the 1990s and the case against the Oakland Police Department when numerous demonstrators were shot with “less than lethal weapons” in April, 2003. However, I am not an employee of the ACLU which does employ staff attorneys. 

Please issue a correction to set forth the true facts concerning me and my office. 

Jim Chanin 

 

EDITOR’S NOTE: As requested, we have printed a clarification on Page Two stating that Chanin is not an ACLU attorney. Neither of the two articles on the Long Haul, however, stated that Chanin’s office was in the same building. One story stated that it was in the same area of Shattuck Avenue in South Berkeley; the other stated that it was in the block north of the Long Haul building. 

 

• 

PROTESTING THE  

LONG HAUL RAID 

Editors, Daily Planet: 

The Partisan Defense Committee vehemently protests the Aug. 27 raid by UC Berkeley cops, plainclothes FBI agents and an Alameda County sheriff on the Long Haul community center, a Berkeley meeting place for several radical and leftist activist organizations. With guns drawn, this squad of cops and government agents broke into the center and seized more than a dozen computers, including those of the anarchist newspaper Slingshot and the computer hard drive of Berkeley Liberation Radio. Under the pretext of a search for purported “threatening e-mails,” the cops were supplied with a search warrant that allowed them to go on an all-out fishing expedition for all written, typed or electronically stored documents in the offices at Long Haul. 

This outrageous and chilling police raid comes in the context of the so-called “war on terror,” which has been brought home in a bipartisan assault on democratic rights aimed at any potential political dissent. We stand in solidarity with Long Haul against this assault on the most elementary rights of freedom of speech and association. 

Karen Allen 

for the Partisan Defense Committee 

 

• 

LONG HAUL HISTORY 

Editors, Daily Planet: 

Thanks for your coverage of the UC/FBI raid on the Long Haul collective, a fixture of the Berkeley community. Local and federal police had no justifiable right to search, let alone seize, the property inside the community center. 

However, your description of the Long Haul’s history is flawed in at least one respect. Not only had the Cannabis Buyers Club of Berkeley (CBCB) operated at the Long Haul without incident for more than 10 years, the CBCB was never “evicted,” as described in your article. Last December, the Long Haul and the CBCB entered into an amicable agreement, which included the Long Haul’s support for the CBCB’s relocation effort. While the CBCB attempts to relocate, it continues to meet at, and has maintained good relations with, the Long Haul. In addition, the CBCB continues to deliver medicine to a select group of low-income patients in Berkeley. 

Before the Daily Planet pegs the CBCB as a “money-maker,” your readers should know that it has operated for its entire 10-year-plus existence as a non-profit. In fact, the CBCB is registered as a Mutual Benefit (non-profit) Corporation with the State of California. Once the CBCB has relocated, which is imminent, it will provide affordable medical cannabis along with an array of community services to hundreds of Berkeley patients. 

Kris Hermes 

Member, CBCB 

 

• 

ONE MORE TENANT 

Editors, Daily Planet: 

Thanks for the very interesting history on the Long Haul. However, writer Al Winslow left out an important tenant after the massage parlor and before the Long Haul. Though not an anarchist organization, from the late eighties until the mid-nineties the storefront was home first to the East Bay Green Alliance, then the Green Party Organizing Committee and then after that historic January day in 1992 when the party was qualified for the ballot, the Alameda County Green Party. 

Green-thinking people across the state ran a tremendous campaign and convinced 120,000 voters to write the word “green” on a California voter registration card. The Alameda County and San Francisco Greens did their part from the storefront on Shattuck next to the Northern California Land Trust and from a storage closet at the New School Building on Valencia Street in the City. Maybe after the police go away, we could erect a plaque. 

Hank Chapot 

 

• 

STEALING LIBRARY  

COMPUTERS? 

Editors, Daily Planet: 

It’s absurd the University of California has stolen the computers from the Long Haul. The Infoshop, Library, and public computer room are an active and obvious free speech and education resource. The premise for the police raid is that threatening e-mails may have been sent from this location. Can the University of California Police seize all the computers at the Berkeley Public Library if someone allegedly mails a threatening e-mail from there? And then can they take all the other administrative computers in the Library building as well? How about if a threatening e-mail is sent from a Cal computer lab? Will all the computers in the lab be confiscated for evidence? This is an outrage. Demand the return of the computers immediately! 

Doug Foster 

• 

PALIN’S QUALITIES 

Editors, Daily Planet: 

I can’t disagree with your editorial on Sarah Palin. But you have to love her charming Annie Oakley qualities, as well as the positive proof that Republicans have sex. 

Carol Denney 

 

• 

PUEBLO 

Editors, Daily Planet: 

In an interview with the Berkeley Daily Planet, Ms. Rashidah Grinage, director of People United for a Better Oakland (PUEBLO) said, “PUEBLO can’t take positions on ballot initiatives.” 

In 2002 PUEBLO issued a flyer, “PUEBLO says Measure FF NO!” At the time PUEBLO was using money granted by the City of Oakland, so both as a tax-exempt nonprofit and as a recipient of public funds, PUEBLO violated the law. (See the flyer, a similar letter, and a phone banking script at www.orpn.org/PUEBLO1.htm) 

Ms. Grinage has been with PUEBLO for many years. She has never so much as issued a public apology for this violation. Perhaps she muttered under her breath so that the interviewer did not catch it, “PUEBLO can’t take positions on ballot initiatives—except when we think we can get away with it.” 

Charles Pine 

Oakland Residents for  

Peaceful Neighborhoods 

Oakland 

 

• 

APHID TREES 

Editors, Daily Planet: 

This excessive concern for the trees along University and Addison streets which cause a sticky residue that is tracked into homes, drips on cars and buildings while keeping the casual pedestrian stuck to the sidewalk indefinitely comes obviously from those who live elsewhere. Not every tree is a majestic oak or an ancient redwood; some are weeds mistakenly believed to be appropriate street trees. These trees are pests (or at least harbor pests) and need to be replaced with an appropriate tree that will enhance the neighborhood. I am sure there are remedies to mitigate the problem but they are never used no matter how many times the city is requested to do something. I have bought ladybugs and encouraged birds to no avail. I doubt that anyone would be willing to sit in these nasty trees should the chain saws be called. I for one would welcome that day. I love trees and certainly believe more need to be planted throughout the city but someone with some knowledge of trees should make the decisions about what tree and where it should be planted. The wrong tree in the wrong place is not a solution it is a problem. 

Constance Wiggins 

 

• 

TRAFFIC CIRCLES ARE NOT DIVERTERS 

Editors, Daily Planet: 

Alan Tobey’s letter in the Aug. 28 Daily Planet stated that “the Willard neighborhood voted down the installation of diverters.” 

I’ve only lived in the Willard for seven years, so Tobey may be referring to some ancient history, but during my time, the only traffic-calming devices rejected in the Willard were traffic circles. 

Traffic circles are not diverters! At best, they slow traffic. The Willard neighborhood hasn’t been allowed to have a vote on any diverters due to the city’s moratorium against additional diverters, conveniently adopted after all surrounding neighborhoods had diverters installed. 

The Willard’s only diverter, at Russell just west of College, does little to stop north-south cut-through traffic between the university and the Oakland city limit. 

Scott Mace 

 

• 

SUPPORT EAST BAY AIDSWALK 

Editors, Daily Planet: 

This is a note to ask Berkeley Daily Planet readers to support the East Bay AIDS Walk which takes place at 10 a.m. Saturday, Sept. 6 at Lake Merritt. 

One hundred percent of donations pledged go directly back to East Bay AIDS organizations. Did you know that East Bay residents, groups. churches, and corporations provide 30-40 percent of the revenues for the San Francisco Walk, but less than 5 percent is returned? This is why the South Bay organized its own walk 15 years ago and why the East Bay did the same three years ago. 

The East Bay AIDS Walk is community oriented and real. No big name stars, no bells, no whistles—we are the stars and our reward is a BBQ. 

Go to www.eastbayaidswalk.org to sponsor me, John Iversen, or the participant of your choice. Allow me to plug my team, Friends of Ugandan Orphans. Google John Iversen, Uganda, AIDS for a Daily Planet article on the group. All donations are tax deductible. 

John Iversen 

Co-founder, ACT UP East Bay and Berkeley Needle Exchange 

 

• 

MORALLY TWO-FACED HATE 

Editors, Daily Planet: 

In your Labor-Day weekend issue, Rizwan Rahmani starts with the stupid lie that Sen. Joseph Lieberman “agreed totally with” President Bush, and then moves on to the grammatically illiterate, meaningless gasbaggery of “Lieberman....doesn’t seem to have any altruistic allegiances to United States.” 

I’ll bet anything that Rahmani doesn’t have “any altruistic allegiances” either, but that’s not my major point. What really appears to get Rahmani’s goat is that Sen. Lieberman has been a “staunch supporter” of the country that has not only been the number one ally of the United States in United Nations voting, but also is the country which, for 60 years, has had the best record in its region concerning: 

• Environmental awareness. 

• Free speech. 

• Freedom of religion. 

• Rights of gays, lesbians, and transgender people. 

• Free medical aid to Africa’s poor. 

• Medical research and innovation. 

• Rights of women to vote, choose their own clothes, own property, be elected to government leadership, not be murdered after being raped, prosecute others for domestic violence. 

Yes, I refer to Israel which, like the United States and unlike the homeland of Rahmani’s ancestors, has such confidence and moral courage concerning its basic principles that it affords even a Rahmani the freedom to foment factless, factionalist, filth. 

And, in journals that believe in freedom for all opinions, allows me a two-word F-phrase for Rahmani: Foul fool. 

David Altschul 

 

• 

A CYNICAL CHOICE 

Editors, Daily Planet: 

Bill Maher has recently commented that, “Americans are too stupid to be governed.” With John McCain’s choice for VP, perhaps “cynical” should be added to the list. 

Alaskan’s Gov. Sarah Palin (who?) was chosen not simply for being a woman, but with a calculation that she could deliver the neo-con and fundamentalist wing of the Republican party. No Clinton supporter will be fooled by this ruse. Haven’t the last grotesque eight years of Republican rule proved them incapable of running the country? Enough! 

As VP, Gov. Palin would be a heartbeat away from the White House. In these dire times, we cannot afford someone with zero foreign policy experience sitting down with leaders in the Middle East, or anywhere else. The mind boggles.  

Voters should be aware that Gov. Palin is a staunch “pro-lifer;” a lifetime member of the NRA, an avid hunter and fisher. Worse, unlike the majority of Alaskans, she supports drilling in the Arctic National Wildlife Refuge; endorses the killing of wolves from airplanes (presumably to protect her mooseburger addiction); opposes protection for endangered polar bears; supports the brutal Iditarod dog sled race and is in denial about the realities of global warming. She was also an early supporter of recently-indicted Alaska Senator Ted Stevens’ infamous “Bridge to Nowhere.” Certainly doesn’t sound like any women I know.  

Here’s hoping Palin’s a better shot than Dick Cheney. 

Eric Mills 

Action for Animals 

Oakland 

 

• 

SMOKERS AND NONSMOKERS 

Editors, Daily Planet: 

I am wondering why people say that Albany and Berkelely are encouraging smokers to let nonsmokers live a healthy life. Everyday I see smokers sitting on the benches at bus stops, smoking cigarettes and drinking beer. After they consume the contents, they stub their cigarettes on the benches and toss their bottles on the ground. They walk away from the mess as if they have a birthright to litter their neighborhoods as they wish. 

I want to request city officials to find a way to protect nonsmokers. Do any of your readers have suggestions about what can be done? 

Romila Khanna 

Albany 

• 

ZONING BOARD AND ANTENNAS 

Editors, Daily Planet: 

Neighbors of the French Hotel have received notices of a Zoning Adjustments Board public hearing, where the application of Verizon to install 10 antennas on this hotel will be considered. I have attended many ZAB meetings when applications for wireless facilities were considered. The whole thing is undemocratic and oxymoronic. This is what usually happens. The wireless applicant group that consists of four or five people presents its case. This presentation usually takes 10-15 minutes. Then, members of the public get a chance to talk. Each person gets two or three minutes. Then, the applicant gets a chance to respond. They respond for as long as they wish. Also, in this process, the ZAB members have a dialog with the applicant. However, the public never gets a chance to rebut. So, all in all, the applicant gets 30-45 minutes, whereas the public gets at the most up to 10 minutes. Finally, the ZAB members make their charade and put the case for vote and approve the application in no time. The whole process is like a Stalinist kangaroo court. 

Also, the ZAB keeps telling the public that they cannot deny a permit to the applicant. Here is where the whole thing is oxymoronic. If the ZAB cannot deny a permit, then why do they call for a public hearing? They can approve all wireless applications without the public participation. 

Such undemocratic processes are brought to us by Mayor Tom Bates. The guy was caught stealing and dumping newspapers. In the upcoming election, we should vote him out as well as some other councilmembers who side with corporations. We should bring back the power to the people of Berkeley. 

For your information, the Public Hearing for the Verizon antennas is on Sept. 11 at 7 p.m. at the Old City Hall on MLK. Please come to support the neighbors of the French Hotel. 

Afrida Freeman 

 

• 

AN ANAGRAM TO JOHN McCAIN 

Editors, Daily Planet: 

Sarah Palin = A “plan,” sir? Ha! 

Ove Ofteness 

 

• 

HATRED 

Editors, Daily Planet: 

We have never seen such hatred of white women in a position of power. Hillary is a white woman the same color as Nicole Brown, who was murdered by her ex-husband and we all know that reverse racism was involved in O.J. Simpson being declared innocent. 

One day perhaps white bashing will end. Obama is half white and was raised by his white mother who loved him dearly and made sure that he ended up living a life of privilege.  

White folks don’t have to continue to kiss up to the brothers because of the color of their skin. Perhaps it is time for whites and blacks to end their sense of superiority over each other. As a half Mexican half Arab person I understand the anger and mistrust on both sides.  

When my sister and I went to junior high school in San Francisco we used to walk past Lowell and the white boys would shout, “You dirty Mexicans!” We lived in an 80 percent black neighborhood and were treated very well by our black neighbors. 

It has taken my sister and me a long time to forgive this form of abuse. Many of my white friends helped me get beyond these experiences by restoring my faith in humanity. Indeed, we live for the day when all people will accept each other. 

Diane Arsanis-Villanueva 


What I Learned in Denver

By Randy Shaw
Thursday September 04, 2008 - 09:31:00 AM

The last day of the Democratic Convention at Mile High Stadium was an extraordinary occasion that transcended politics and became almost spiritual. I have never been part of such a public event—political or not—and doubt whether an equivalent happening has ever occurred in the United States or will soon be repeated. The crowd at Mile High mirrored the nation: It was overwhelmingly working and middle-class, racially diverse, and appeared to comprise those viscerally impacted by the convention’s focus on restoring the American Dream. In the days prior to Mile High I forswore the talked-about parties and spent 10 hours each day talking to hundreds of delegates, supporters and activists. I saw how artists were engaged with the Obama campaign, gained a deeper understanding of the Democratic Party’s New West revival, got a reality check on the alleged Clinton-Obama rift, and was told why Mitt Romney’s anticipated selection as running mate would really help McCain. Most of all, my experience strengthened my feeling that something very special is occurring in 2008 that will have significance far beyond November. 

I had two goals upon arriving in Denver: to talk to as many people as possible about the November election and my soon-to-be-available book, Beyond the Fields: Cesar Chavez, the UFW and the Struggle for Justice in the 21st Century. Barack Obama’s adoption of the UFW’s “Si Se Puede” (“Yes We Can”) rallying cry led me to hand out bookmarks picturing Chavez and the Democratic nominee, and gave me a hook for talking to hundreds of people about our current political situation. 

 

The big picture 

If those who came to Denver are representative, Barack Obama’s campaign is more deeply based in the working and middle-class than any progressive presidential campaign since Franklin Roosevelt. When you add Obama’s overwhelming support among African-Americans (95 percent), Latinos (70 percent), and young people (66 percent), and the fact that the Mile High crowd was at least 60 percent female, we are talking about the largest progressive base for a presidential candidate since Roosevelt’s last victory in 1944. 

That was over 60 years ago. And it has been quite a long wait. 

For many I spoke with, the crisis of declining future prospects was not simply campaign rhetoric. It was personal. Postal workers told me how they just hoped to survive another four months under Bush, and others described how they had barely gotten any raises over the past five years. 

People were angry, and fed up. I got the sense that many were not career activists, but that things had finally got so bad that they felt they had to get involved. 

The Mile High crowd was not the usual political suspects. While the Pepsi Center had a corporate, political insider flavor, more representative crowds attended Convention Center events, the evening big screen “watch parties” at that venue, and the final day’s extravaganza. 

The democratic aspect of the Mile High event also applied to exiting the event—while delegates relying on buses were stuck for as long as two hours (which was the case for the California delegation), the bulk of the crowd leaving on foot had ready access to free light rail and were back downtown in a little over an hour. 

 

Artists back the movement 

Barack Obama’s campaign is as close to a national progressive movement than anything since the New Deal. And just as grassroots artists lent their support to FDR, so have counter-cultural figures like Shepard Fairey (of Obey Giant fame) and artists in the Manifest Hope Gallery used their talents to highlight the themes of Obama’s campaign, which they identify as Hope, Change, Progress, Unity and Patriotism. 

While attending the Manifest Hope Gallery show, I spoke to two young men from Los Angeles who filmed a party at the venue the previous night. Both were from CauseCast.Org and had never before been so excited by a presidential nominee. They were representative of many in the arts community whose willingness to work for a major candidate began with Barack Obama. 

will.i.am of the Black Eyed Peas is another of the unusual suspects from the creative world willing to put his faith in Barack Obama. If you have been moved by the YouTube video of his singing “Yes We Can,” imagine how it felt at Mile High when 84,000 others joined him. 

 

Democratic upsurge in New West 

I have previously written about the major campaigns planned by environmental, labor and immigrant rights groups in Colorado, but I was surprised to learn in Denver that voters are passionate about alternative energy—specifically wind and solar power. 

Whenever a speaker highlighted Obama’s commitment to invest in wind and solar power, the crowd immediately rose and cheered. Coloradoans and other New West voters see alternative energy as the key to the region’s economic growth, and indirectly to their own future living standards and those of their families. 

John McCain and the Republican Party have repeatedly voted against funding alternative energy. Obama has already put New Mexico almost out of McCain’s reach, and the alternative energy issue should ensure a Democratic victory in Colorado as well. 

 

Hillary Clinton loyalists 

Hillary loyalists were out in force on Tuesday morning, and delegates I spoke with from Texas, Massachusetts and Pennsylvania said that the situation in their states was rather dicey. But Hillary’s speech that night made such a difference that I was told that one of her biggest supporters in Texas passed out buttons Wednesday morning saying “Texas United.” This media narrative finally appears over. 

 

Romney vs. Palin 

Delegates were convinced that Mitt Romney’s selection as running mate would make Arizona safely Republican, potentially shift Nevada to McCain, and make Michigan competitive (there are many Mormons in the first two states, and Romney’s father was governor of the latter). In contrast, Sarah Palin’s selection does nothing to help McCain in these three states but might ensure Alaska—with its three electoral votes—stays red. 

As for Palin’s alleged influence with female Hillary delegates: I saw all these delegates as they lined up to meet with Clinton, and, based on their buttons, most certainly looked like feminists; if anything, Hillary’s backers might be the constituency least likely to be attracted by the right-wing, anti-abortion, anti-stem-cell, pro-Creationist Palin. 

 

Post-November 

People do not want this push for change to end on Election Day. There is a hunger to enlist in a broader cause for social justice, and, for many, the Obama campaign has become the vehicle. 

When a political campaign takes on the aura of a movement, the challenge is to sustain people’s engagement and harness it to implementing a progressive agenda. It is a goal that many campaigns aspire to, but few fulfill. 

Will Obama be different? There is no way to tell, but early indications are certainly good. 

The Obama campaign includes some of the nation’s most effective organizers, who themselves have been trained by such movement strategists as ex-UFW Organizing Director Marshall Ganz. The campaign’s approach has been to avoid the “marketing” approach to voters in favor of establishing deeper and more lasting commitments. 

This organizing approach paid dividends in mobilizing voters to attend primaries and caucuses, and will prove critical to Obama winning in November. It also means that the Obama campaign is well positioned to transform its electoral base into a multi-million strong support group for progressive policies come 2009. 

 

 

Randy Shaw is editor of beyondchron.org. 


A Call to Bring Sunshine to Berkeley

By Terry Francke and Shirley Dean
Thursday September 04, 2008 - 09:31:00 AM

We all want and expect to know what is going on in our government, yet history shows that we rarely achieve this goal. Whether it’s in City Hall, Sacramento or Washington, we are angry when we find out that action was taken on the flimsiest of information and decisions were made behind closed doors that profoundly affect our lives, and we have had no chance to know about it, let alone add our two cents. That’s the very opposite of democracy and our system of representative government no matter where it occurs or when it happens. It cannot be denied that no one can represent the people when the people don’t know what their representative is doing and the representative doesn’t know how the people feel. 

When we come up against the closed doors and drawn shades of government we protest and after awhile it all seems to die down until the next problem comes up. That has got to change because the next problem always lands on our doorstep. Thinking about it locally, it’s not just about secret agreements with the university, it’s also about the many times that staff reports aren’t delivered to the City Council until the council is poised to vote on something and because the report was late, neither the council nor the public has had a chance to think about the matter, let alone read the report. It’s about too many people jammed into the Council Chambers so that people can’t even get into the room to speak. It’s about meetings being adjourned before public comment has been completed and creating an atmosphere of frustration where civil and deliberate discourse dies an early death. It’s about denying the public the right to know how their representatives voted in a closed session even when a motion failed and no action was taken. It’s about being told you would have two minutes to speak to the council only to find out at the last minute you will have only one minute. It’s about trying to find out something and being told that certain documents won’t be released because of “executive privilege.” 

We could go on, but you get the point. Some of you might not care because you work long and hard and just don’t think that it involves you. Consider this: There always comes a time when you suddenly understand that information is crucial, whether it’s when casting your vote on a confusing ballot measure after being bombarded with opposite claims by supporters and opponents, or commenting on your neighbor’s plan to put another story on his house that cuts off your view or lose sunlight in your garden. You need accurate information to make informed and effective choices. An informed citizenry is the cornerstone of our democracy. We citizens are the ultimate check and balance to every bureaucrat and politician at the local, state and federal level, particularly now that we live in a time of professional politicians, spin doctors and diminishing newsprint.  

Essential to your role as an effective decision maker is a strong sunshine law, and now that’s exactly what we are trying to bring you in Berkeley. About two years ago, the city came up with a sunshine ordinance that was so full of holes it resembled a large sieve. A group of citizens were so alarmed about the council adopting a sieve rather than a real ordinance that they came together to try and get something better. Over the last two years, around eight to ten residents with a much larger group of people that constituted an advisory group have met regularly and worked to create that real ordinance that Berkeley so desperately needs. We analyzed the sunshine ordinances that other cities had enacted, learned about their problems, and slowly began the daunting process of creating comma-by-comma, word-for-word, sentence-by-sentence a strong Berkeley Sunshine Ordinance that could be enforced. Our goal: an ordinance that would provide residents with the same information available to our elected representatives and that would ensure public comment before action was taken. 

This was not an easy task to say the least. We’ve had lively discussions along the way, but we’ve actually produced a Berkeley Sunshine Ordinance. Now, we want you to see it and comment on it so that when we take it to the City Council, your voices will have been heard and considered.  

The Daily Planet has agreed to post our ordinance on its website (www.berkeleydailyplanet.com) so that you can read every word. The Sunshine Ordinance Group will host a public meeting on Tuesday, Sept. 9, at the Church of the Cross, 1744 University Ave., on the second floor (elevator is available), from 7-9:30 p.m. to explain the Ordinance and to hear your thoughts about it. This is your chance to weigh in on the fundamental issue facing Berkeley today—government by the people and for the people.  

Residents have never had such an important chance to mold their future and the direction of this city. Please come.  

 

Terry Francke is a member of Californians Aware. Shirley Dean is a former mayor of Berkeley.


A Few Examples of the Success of Advisories

By Karen Hemphill
Thursday September 04, 2008 - 09:32:00 AM

I want to start by correcting an inaccurate statement made in Peter Kuhn’s letter to the editor. The School Board did not vote against implementing an advisory program at Berkeley High School (BHS). The School Board did not take any action. The presentation on advisories that Mr. Kuhn is referring to was given to the board for comment so that BHS staff would have a framework to develop an advisory proposal that would represent the best approach to address the needs for all BHS students. At that meeting, Board members, including myself, stressed the need for the high school to develop an advisory proposal that included specific expectations, detailed curriculum and activities, and methods for accountability/evaluation. Only with this information, can the School Board competently vote on whether to approve advisories at Berkeley High. While I personally believe that some type of advisory program is needed throughout BHS to provide a more personal and consistent connection between students, teachers, and parents, I will not support advisories without having such a detailed understanding of the purpose, content, and expected outcomes of advisories. I understand and share concerns that good intentions do not necessarily result in good deeds. But, it greatly disturbs me to read that some people are taking public positions against advisories without even having seen an actual completed proposal. 

So, just what is the board’s purpose in considering advisories for all students? In short, the goal is to help raise academic achievement through establishing consistent, personal, and supportive connections between teachers, students, and parents. This has been shown to be the highest predictor of success not only in academics, but in life. 

I will use the Community Partnership (CP) Academy as an example of how such consistent and supportive connections can make a difference. (My elder son graduated from that small school in June 2008 and is now attending a prestigious four year college with a full academic scholarship). In CP Academy, the advisory program serves many purposes—including providing opportunities for at-risk students to receive additional academic support, providing all students with guidance in fulfilling college requirements and assistance in applying to college, furthering a sense of community, and connecting students with positive role models and adult advisors that uphold and extend family values and expectations. 

And the result? Contrary to Mr. Kuhn’s assertions, CP Academy—one of the longest established small schools at Berkeley High—has had amazing success that I believe is due to the relationships that have been built between teachers and students (as well as between teachers and parents – it is much easier to sit down with one “gatekeeper” teacher than try and track down five or six teachers, even in a small school). 

• As of Spring 2008, 86 percent of CP Academy juniors were on track to complete the math requirement for four-year college admission even though 66 percent entered into ninth grade below the proficient mark according to standardized tests. 

• From 2005-2007, 98 percent of CP Academy students have gone on to college. 

• 100 percent of CP Academy juniors and seniors take Advanced Placement English-based curriculum (with those wishing to test for AP credit taking a zero period supplement). 

• 95 percent of students since the adoption of universal AP-based English curriculum have received at least a C in College Freshman English and 100 percent received an A or B in College Freshman English if they took the class for AP credit. 

• In 2007, 16 percent of CP Academy students were accepted to the University of California and in 2008; 22 percent of students were accepted. 

• Finally, during the past four years, three out of the four students that received the UC Berkeley Incentive Award (four-year full academic scholarship) graduated from CP Academy. 

By any standards, this is a success story and one that has not occurred in Berkeley High as a whole, especially for students of color and/or students that have persistently tested below proficient on standardized tests. 

In addition to promoting academic success, CP Academy staff also identified and diffused situations between students that could have easily have ended badly, identified students at risk for personal and/or social issues, encouraged troubled and needy students to turn to family and/or referred them to professional help/social services, and were there for students that just needed someone to listen to them or help them talk through life issues and decisions (the serious as well as the not-so-serious). 

All of this success happened because CP Academy promotes community and personal connections—between students and teachers, students and students, and parents and teachers. That’s what school-wide advisories are supposed to accomplish and all students, whether high achieving, average or struggling; whether in a small school or in one of the comprehensive school programs, could use such personal connections to help them achieve academic, social, and personal success. 

 

Karen Hemphill is director of the Berkeley Board of Education.


Stem Cells in California — How Have They Fared Over the Past Four Years?

By Raymond Barglow
Thursday September 04, 2008 - 09:32:00 AM

Science begins in human wonder before the immensity and complexity of the natural world, but then becomes appropriated by social interests that apply its discoveries in humane as well as inhumane ways. So we are right to pay attention to the ethics that underly the development of new technologies. One of the most promising, but also one of the most controversial scientific applications today is the use of stem cells to help us understand and remedy terrible illnesses. 

In 2004 California voters overwhelmingly approved Proposition 71, the “Stem Cell Research and Cures Initiative.” This measure authorized the state of California to invest $3 billion in stem cell research, with the aim of healing diseases and injuries such as Parkinson’s, Alzheimer’s, juvenile diabetes, MS, ALS, spinal cord injury, and some forms of cancer and heart disease. Prop. 71 established a new Institute, the “California Institute for Regenerative Medicine” (CIRM) to conduct the state’s publicly funded research, and grants responsibility for administering the Institute to a 29-person “Independent Citizens Oversight Committee” whose members are appointed by state officials. 

Immediately following this victory at the ballot box, it looked as though the path forward for government-funded stem cell research, including embryonic research, in California would be sunny and unobstructed. But while research advocates here in California were breathing many sighs of relief, the opposition—consisting mainly of religious fundamentalists who believe that a five-day old embryo possesses a “right to life”—was gearing up to challenge the initiative in court. Their law suit, claiming that the initiative violated the California Constitution, was successful in preventing the public funding of stem cell research from getting underway. 

A year and a half later, in May 2007, the legal challenges to the initiative finally came to an end, when the California Supreme Court allowed lower court pro-research decisions to stand. Again, advocates of the research thought that now, at last, the California Institute for Regenerative Medicine would begin to carry out its voter-approved mission without interference. 

 

Sacramento decides to intervene 

No such luck. The California Legislature decided that it should have a hand in administering implementation of the research initiative, although the pro-research initiative passed by the voters explicitly places administration in the hands of the “Independent Citizens Oversight Committee.” Currently leading the Legislature’s effort is Sen. Sheila Kuehl, who for many years has also been trying to enact single payer healthcare here in California.  

In support of low-income Californians, Kuehl’s Senate Bill 1565 specifies that new therapies developed by CIRM-funded research must be made affordable to those who have no health insurance. The intent behind this provision is admirable—no human being should be deprived of effective medical treatment. Yet Kuehl’s accessibility provision is flawed. First of all, CIRM has already put into place reasonable guidelines governing the pricing of new therapies. Second, the way to assure everyone’s access to medical treatment is not to single out specific therapies as Bill 1565 does, but to obtain single-payer health care for all Californians. (That is the aim of Kuehl’s single-payer legislation, which certainly deserves our full support.) Most CIRM-funded research will take place in universities and non-profit institutes. But some grants will also go to private companies, especially for the purpose of bringing stem cell-based therapies to the marketplace. If CIRM-funded biotech companies lose too much control over pricing, they will have no incentive to develop these therapies, since they cannot count on economic compensation for their work. 

We should remember too that, in many cases, stem-cell based therapies will be quite cost effective, and therefore accessible to people with limited economic means. Consider heart disease for example. Whereas a heart transplant costs hundreds of thousands of dollars, and encounters immune system resistance (which is expensive to treat), a transplant of heart stem cells would be much less expensive and—if the cells were derived from the patient’s own tissue—would generate no immune system resistance at all. 

There’s an additional problem with the stem cell legislation that Sen. Kuehl is proposing. It diminishes the priority that Proposition 71 gives to funding embryonic stem cell research specifically. That isn’t surprising, since Kuehl’s bill is co-sponsored by Sen. George Runner, a conservative, anti-choice Republican. Although progress has recently been made in using adult stem cells in place of embryonic ones, nearly all of the scientists doing work in this domain agree that embryonic stem cell research remains essential to advancing this new science. Since the federal government hardly funds embryonic stem cell research at all, Prop. 71 specifies that this research approach will be our focus here in California. 

 

Stem cells make strange political  

bedfellows 

Receiving bipartisan support, Senate Bill 1565 was passed by the state legislature in late August. The only possibility of halting this bill now lies in the hands of Gov. Schwarzenegger. He’s been supportive of California’s stem cell research program in the past, and advocates of the stem cell search for cures—many of whom are Democrats—are hoping that this Republican will intervene once again and veto this bill. 

Over the past several years, we’ve come to realize that stem cell science is interwoven with complicated political and ethical issues. But this research effort is too important to the lives of millions of people, here in California and elsewhere, to become a political football tossed about in Sacramento. Since the passage of Proposition 71 in 2004, we patient advocates have been paying close attention to the establishment of the California Institute for Regenerative Medicine and are impressed with the diligence of Institute personnel, including their dedication to following sound ethical standards. Even in the brief time that the Institute has been funding projects, the scientific results of CIRM-funded research have been extraordinary—over 56 papers have been published in scientific journals. 

When modern scientific inquiry was getting underway in Europe in the 17th century, it was allied with a set of cultural values—freedom of inquiry, compassion for those who suffer, and a desire to better the human condition. Notoriously, that alliance hasn’t always held up. But it’s well represented by the California Institute for Regenerative Medicine. Most California legislators, including Sheila Kuehl, are on board with this effort too. On behalf of all those whose lives may well depend on the progress of stem cell research, let’s hope that Sacramento permits this new science to go forward and fulfill its humanitarian promise. 

 

Raymond Barglow is a Berkeley  

resident.


White, Black / Neither, Both

By Marvin Chachere
Thursday September 04, 2008 - 09:33:00 AM

Nothing distinguishes America from other nations as markedly as the place held by involuntary immigrants from Africa and their descendants.  

It took a Civil War to end slavery and what followed was a long parade of shifts and turns: in the former slave states the Black Codes restored many slave conditions; the one-drop rule was re-framed and euphemized by social scientists as a “Negro question,” a “Negro problem,” and an “American dilemma.” Then prolonged legal contentions joined the parade: separate but equal, discrimination, integration, assimilation, equal opportunity, affirmative action, and a scattering of gaps in achievement, education, wealth, etc. And on the sidelines the arts bore witness and produced insights with music, dance, drama, literature, painting, etc. 

We’re now entering an era that features a half African, half American man with a serious chance of becoming president and pundits think we’re near the end of the parade or close to erasing those shameful race-based conditions forever.  

In the dominant media the current situation is dealt with in a variety of ways one of which discusses the question of America’s readiness for a black president. 

I am among a minority who believe that questioning America’s readiness is stupid. 

The stupidity lies in accepting without question the existence of America’s readiness and ignoring the obvious fact that America never knows if it’s ready until it happens. JFK had to get enough votes before we knew that America was ready for a Catholic president. FDR had to die before we knew if Truman was ready, which suggests that the hidden purpose of questioning America’s readiness may be, perversely, to question Obama’s readiness. 

I am among the majority who are sick to death of racial considerations, barnacles on the ship of state, persisting inordinately to dominate public discourse thereby distracting the nation from more general concerns.  

To deal with race as a “wild” playing card doesn’t win anything; it merely extends and exposes the unreal aspects of the game. Race is oil on a fire that destroys rational discussion. Sad to say, from now until November 4th we can expect repeated flair ups fanned vigorously by denizens of the dominant media.  

It takes subtlety and invention to keep the fire burning.  

For instance, it infuriates me to read on the front page of the New York Times, “Poll Finds Obama Isn’t Closing Divide on Race” (report by Adam Nagourney and Megan Thee, July 16). The title itself implies a certain weakness on the part of the presumptive Democratic nominee; there is a divide Obama can’t close, something hurtful he can’t assuage. (In my minority view there is no racial divide but that you, Adam, Megan and NYT editors, make it so.)  

As I read the article my fury grew.  

The poll sought to measure the difference between responses made by whites and those made by blacks to a number of questions. For instance, 55 percent of whites said race relations are generally good and 34 percent said race relations are generally bad, while the percentages for blacks on this question were reversed, 29 percent good, 59 percent bad.  

The poll was conducted by telephone which suggests that the responders were required to declare themselves on one side or the other of this foggy white/black divide. This potentially invalidates the poll; what’s to prevent responders from misidentifying themselves, knowingly or unknowingly? After all, the categories white and black sometimes overlap; there are people like me (and Obama) with a leg on each side of this hazy divide.  

After I finished the article and calmed down somewhat I reflected on the notion of human divides. A young/old divide is fuzzy, a European/Asian divide is less fuzzy. Then I thought about a poll reporting what foreigners thought about race relations in America. How would our English, French, German, Italian cousins, say, view race relations in America; what percent would think good, what percent bad? What do American Latinos think about race relations? Before long I decided that none of this mattered. There are all kinds of ways to divide a cake but none of them affects its taste.  

Many pundits declare and politicians agree that America must confront its racial past; this time around, they say, America will get the candid discussion it has avoided for two centuries; any form of discrimination based on race must at last go the way of the dodo.  

Maybe. We’ll see. 

Finally, I am hit with excruciating pain, like fingernails on a blackboard, every time I encounter the word “racism.” My memory immediately flashes back to 1952 when I moved to Boston because I could not legally marry a white woman in New Orleans.  

Personal feelings aside, racism, if it means anything at all, should be used sparingly or not at all because ism is an insidious suffix; it besmirches the clear concepts to which it is attached—terrorism, extremism, conservatism—or renders abstract that which is basically concrete—sexism, globalism, consumerism. Furthermore, racism is at best a subjective, vaguely defined concept; race has no clear referent outside the minds of individuals using it. And anyway, “racism” carries explosive pejorative force so emotionally powerful that it obliterates the calm base required for meaningful discourse. Allow racism to enter a conversation and emotion overpowers reason. 

But, in truth, unavoidable cynicism tells me that race is not the elephant in the political parlor; rather it is the mouse in the kitchen. Our political and social leaders use it to frighten and control us, which leads me to wonder what they’ll come up with if Obama wins in November. 

 

Marvin Chachere is a San Pablo resident.


Green Goals Toward the American Dream

By Willi Paul
Thursday September 04, 2008 - 09:33:00 AM

The American Dream is fracturing and defragmenting: corporate consolidations, privatization and capricious war making are creating a new rich class and killing citizen soldiers daily. Fifty percent of marriages in America end in divorce. Congress is a ship of fools. Our bridges are falling down. 

Yet oil companies are making insane profits while Americans lotto-scratch and blackjack their savings into nightmares, victims of reservations and the greed that backs them. 

Traditionally, Americans have sought to realize the American Dream of success, fame and wealth through thrift and hard work. Historian and writer James Truslow Adams coined the phrase “American Dream” in his 1931 book The Epic of America: 

“The American Dream is that dream of a land in which life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement… It is not a dream of motor cars and high wages merely, but a dream of social order in which each man and each woman shall be able to attain to the fullest stature of which they are innately capable, and be recognized by others for what they are, regardless of the fortuitous circumstances of birth or position.” 

American Musical Chairs begins. Only there are many less available chairs in the circle and most are reserved! 

A new reality for Americans and the planet at-large is coming down the pike: food scarcity, resource squabbles, dry water wells, hot gas for sale from your local mafia. The time is coming: A gated, segregated and prohibitive society where a few very mega-rich individuals own the rights to oil, agriculture goods and what is left of the banks as we know them. 

Mad Max, Water World, Viva Las Vegas, Apocalypse Now. Ready? 

How do we turn this dark dive around? 

 

The New American Dream:  

seven green goals 

• Localization: Growing food and supporting jobs in the local economy first. 

• Sustainable Profit: Profit making that creates Enrons and the housing crisis need to go. Sustainable profit factors in the actual costs of industry and agriculture, cradle to grave. 

• Conservation / Recycling First: The landfill mentality must go. Products must be designed for 100 percent recycling. 

• Pedestrian-Scale Neighborhoods and Cities: Unweaving and reconnecting ourselves to our neighborhoods with a high priority on integrated mass transit, walkable shopping opportunities and park space. 

• Universal Health Care: It’s overtime to pull the “profit-only priority plug” out of staying well. 

• A Peace Corps Experience for All Undergraduates: A semester abroad working with the world.  

• Ending War: War is the knife in the back of our passing American Dream. We must end our hatred, economic-fueled killing in the name of “God and Country.” 

 

William Paul is an Oakland resident and environmental activist. 


City Website’s Landmarks Map Laden with Inaccuracies

By John English
Thursday September 04, 2008 - 09:34:00 AM

During frequent visits to the Planning Palace on Milvia I’ve enjoyed glimpsing, just a block away from it, our very historic Old City Hall (also known as the Maudelle Shirek Building). But very recently while casually Internet surfing, I got a rude shock when I opened the “City of Berkeley Designated Landmarks” map that’s proudly on display in the “map room” part of the Planning and Development Department’s website. According to that map and its legend, Old City Hall is a landmark that’s been “demolished”!  

As I gazed at the map I found an appalling number of other mistakes. To name just four of them: The map omits Julia Morgan’s wonderful Hearst Gym. It mislabels the high school’s Shop and Science Buildings as “Old Gym and Pool” and doesn’t indicate any landmarking at the Old Gym’s real location. It confusingly depicts the landmarked College Women’s Club as including the adjacent Caffe Strada, which isn’t landmarked. It shows the California Memorial Stadium landmarking as consisting of just the structure itself, even though the landmarking in fact also included the grounds’ oak grove. I could go on and on. 

Over the last decade or so, I’ve found many other planning-related maps to be comparably sloppy. The Planning and Development Department has many talented staff members whom I know and seriously respect. So why does the department often seem to be cartographically challenged?  

The very process of computerized mapping may have much to do with it. While such mapping can of course be enormously valuable, there’s a danger that humans may rely too much on the software at the expense of conscious thought. To be fair to the specialized GIS persons who actually do the computerized mapping, it seems they often are perforce unfamiliar with particular maps’ subject matter (be it landmarks or whatever). But then why aren’t maps, before public issuance, seriously checked for accuracy by staff members who do know the subject matter? 

 

John English is a Berkeley resident. 

 


Columns

The Public Eye: The View from One Bus Driver’s Seat

By Zelda Bronstein
Thursday September 04, 2008 - 09:28:00 AM

Anthony Rodgers has been an AC Transit bus driver for 18 years. I met Rodgers a few weeks ago when I boarded his westbound No. 18 bus in downtown Berkeley.  

Our initial exchange was not promising: He wouldn’t accept the stub of the BART to Bus/Bus to BART transfer that I’d plucked out of the machine at the downtown Berkeley BART station earlier in the day. I’d used the other half to board an eastbound No. 18 for $1.50 (25 cents under the regular bus fare). I told Rodgers that the eastbound driver had assured me that I could use the stub to transfer to another bus. Not so, he said. You have to pay the full fare of $1.75. You should have skipped the BART to Bus ticket, paid the full fare on the first bus and asked for an AC transfer to use on the second.  

This news was disconcerting—I’d just returned from Vancouver, British Columbia, where a single TransLink ticket allows you to go from the bus to the Skytrain to the Seabus. But I paid the full fare, sat down near the front and struck up a conversation with Rodgers about the sometimes baffling ways of public transit in our part of the world. By the time I got off on Solano Avenue, he’d agreed to an off-the-bus interview. 

“What my passengers want,” he told me, when I’d reached him on the phone, “is an uneventful ride. The greatest compliment I can have is when someone who isn’t drunk falls asleep on my bus.” For that to happen, riders have to feel confident that a bus driver is going to get them to their destinations on time. “The bottom line is that passengers want schedule adherence.” 

Certainly that’s my top priority. When I’ve timed a walk to the bus-stop after consulting the official AC Transit schedule, it’s annoying and, depending on where I’m headed, even anxiety-making, to find myself waiting (and waiting) for a bus that’s late. Before talking to Rodgers, I couldn’t see much farther than the vacant bus lane. Now my perspective has broadened to include the view from the driver’s seat. 

Punctuality, Rogers said, has a lot to do with a driver’s relationship to the particular bus line he’s driving. One source of delay is a poorly laid-out route. Take the 51 bus, which “carries more people than any other on the property.” It has a very long run: It begins at Broadway and Blanding in Alameda, goes up Broadway in Oakland to Rockridge BART, traverses College to Bancroft, goes down Bancroft to downtown Berkeley BART and then down University to San Pablo and ends up at Third and University. The line is both long and varied, heavily patronized on congested College Avenue but used by fewer passengers in other areas.  

The unevenness creates challenges for bus operators. Driving on the 51, “you sometimes find yourself ahead of schedule,” but in the heavily trafficked parts of the route, “you have to put your foot on it: You have to drive as fast as is commensurate with safety.” Rodgers would like to see the 51 line divided in half, split at Rockridge BART, since the passenger load considerably lightens going toward Alameda. 

A driver’s performance is also affected by his familiarity with a line. “There’s a certain groove you get into driving a bus,” said Rodgers. When you’re driving a familiar route, “you know when to slow down, when to speed up. It’s the same when you’re driving your own car. As a bus driver, you also know where you’re likely to get a lot of passengers, and where you’re likely to get less.” That sort of local knowledge helps a driver to stick to the schedule.  

Rodgers thinks that kind of familiarity can be hard for an AC Transit bus operator to achieve, because assignments are likely to change. Every three months, drivers sign up for routes. The more seniority you have, the greater your options. There’s no guarantee you’re going to get the same assignment you got in the past. “In the ’70s the lines didn’t change very much.” In those days, an operator would drive the same line for 10 or 15 years. “That person would know how to keep the line on time.”  

Besides facilitating an intimate aquaintance with a route, the consistent assignments fostered a sense of community between drivers and their passengers. Rodgers recalled a colleague who drove the O line from Alameda to San Franciso every morning. “If he called in sick for more than one day, his passengers would call AC Transit to find out if he was okay. There was a community that doesn’t exist anymore. I’d like to build that up again.” One way to do so, he said, is “to freeze the schedules,” so that operators can drive the same route longer than three months at a time. 

I wonder if AC Transit shares Rodgers’ interest in promoting camaraderie between bus drivers and riders, given the lively grassroots campaigns now being waged against the agency’s Van Hool buses, as well as its plans for a $400,000 Bus Rapid Transit [BRT] line with two bus-only lanes going down Telegraph Avenue. This fall the Berkeley electorate will weigh in on a citizens’ initiative requiring BRT to be subject to a popular vote. Also on the November ballot is the AC Transit Board election, featuring a reform slate consisting of at-large challenger Joyce Roy and Ward 2 incumbent Greg Harper, that seeks greater agency accountability toward both bus operators and passengers. 

“My passengers aren’t asking for Bus Rapid Transit,” Rodgers told me. Nor are they fans of the Van Hool buses. His older passengers find the raised seats hard to negotiate. And with their lack of air conditioning and “tons of glass,” the Van Hools are unpleasant for everyone on hot days. They’re particularly onerous for bus operators, who are forbidden by AC Transit management to drink water while they’re driving, even at a stop sign.  

Rodgers belongs to the Transit Workers Action Caucus, which is working on heat-related stress on buses. “We do need to be able to drink water out there on the line,” he says. He noted that AC Transit is appealing the citation it’s received from the California Divison of Occupational Safety and Health (Cal-OSHA) for inadequately protecting drivers from heat-related illness. 

But for Rodgers, the buck doesn’t stop with the transit agency. “The problems of AC Transit are in the final analysis our problems. Mencken said Americans get the government they deserve. There are a lot of people who are not paying attention to AC Transit. They don’t like what they see, but they’re not working for solutions. I urge people to get out and vote. Pay attention to the AC Transit Board of Directors and who voted for what.” “Joyce Roy,” he added, “is one of the solutions.” 

I was already planning to vote for Roy and the BRT initiative; talking with Rodgers reconfirmed those choices. I can’t vote for Harper, because I don’t live in his ward. Anyone who does should support both of these candidates. Their victories plus the passage of the BRT measure would greatly improve the likelihood that we—meaning bus riders and operators—will get the accountability from AC Transit that we really do deserve. 

 

Note: According to the Metropolitan Transportation Commission website,TransLink is currently accepted by AC Transit and Golden Gate Transit and Ferry. BART, Muni and Caltrain will start accepting TransLink in 2008, followed by SamTrans and VTA in 2009.  

 

 

 

 


Undercurrents: Police Sweeps Give Impression of City Under Siege

By J. Douglas Allen-Taylor
Thursday September 04, 2008 - 09:29:00 AM

In some ways, East Oakland this weekend appeared to be a city under siege, and I am not talking about the continued rash of shootings, which is another issue altogether. I’m talking about one of the attempts by the Oakland Police Department to quell the violence. 

On Sunday, the East Bay Dragons (African-American) Motorcycle Club held its annual Labor Day Weekend block party in front of its 88th Avenue clubhouse. I’ve written about this before, following the club’s 2005 event. The Dragons typically section off a one-block stretch west of International and attract hundreds of local residents and members from other bike clubs for several hours of music, food, and entertainment. Much of the entertainment is geared toward the youth crowd, including allowing young people to take the stage in front of their parents and peers to show off their talents. Despite the fact that this event annually takes place in one of Oakland’s roughest sections—almost the epicenter of the city’s killing ground—I have not known of any problems at the events in the last two decades. And there were none on Sunday. 

But that wouldn’t have been your impression if you had come into the neighborhood at 6 p.m., just as the Dragon block party was breaking up. 

In one of the largest police presences I’ve seen in East Oakland since the Raider riots and the height of the sideshows, OPD officers cordoned off a seven-block stretch of International with police cars on both sides of the Dragon clubhouse, keeping any traffic from going through while the crowd dispersed. Noone was allowed to remain on International in the immediate vicinity of the clubhouse except club members. Instead, they were figuratively told “we don’t care if you go home … you just can’t stay here.” OPD Tactical Squad officers—the ones in boots and black jumpsuits—stationed themselves on foot on International, stopping people from walking toward the clubhouse, even those people who lived in the neighborhood and were trying to walk home, or go to one of the nearby grocery stores. With International shut down to cars, traffic had to be shunted off into normally quiet residential side streets, resulting in a sudden traffic jam interspersed with police cruisers that hurried back and forth, looking for trouble. A police helicopter circled low overhead, buzzing the scene.  

I wrote about an almost identical police sweep following the 2005 Dragon block party, though police at that time were far less polite. 

Taken from the police point of view, the operation was a complete success. There was no violence, and within an hour of the end of the block party, the police presence had dispersed. 

One can certainly sympathize with the police on this issue. With murders and shootings peppering the city—a number of them occurring in East Oakland neighborhoods adjacent to where the Dragons held their party—OPD desperately wanted to prevent violence in the large, compact, African-American crowd that the Dragons attracted. And to their credit—at least from what I was able to observe—police handled their duties at the Dragon closeout with patience and respect for members of the crowd and neighborhood residents. Clearly, someone at OPD has gotten the message, and at least in the instance of the Dragon block party, the word has been passed down that it’s the block party participants and the community whom the police are supposed to be protecting. That attitude is sometimes lacking in OPD action in African-American crowds in Oakland’s flatlands, something that has, in the past, helped contribute to some of the resultant crowd violence. We hope that this new development in police-community relations is a trend that continues. 

But police politeness—as welcome as it is in the East Oakland flats—does not cover up the larger city transgression that occurred surrounding the East Bay Dragon block party. 

The East Bay Dragons do not sponsor violent events, and the crowd they attracted on Sunday—as is the usual case—was not belligerent or acting in a dangerous way. There was no immediate or imminent danger to the participants leaving the event. Sunday was a warm night, and many of the participants may have wanted to stand around on International for a few moments after the block party broke up, talking with friends. OPD’s actions in clearing the streets forcibly prevented that.  

Could somebody—progressive, conservative, or Constitutional scholar—explain to me how this is not a violation of the U.S. Constitution’s First Amendment clause prohibiting “the right of the people peaceably to assemble”? 

Can you imagine the outcry from the public, politicians, and the media if, say, OPD officers went up to tailgaters immediately following a Raiders game and told them they had to pack up their campers and leave the vicinity? Or cleared 14th Street following the Art & Soul Festival, stopping people from congregating in front of the shops and restaurants? Or did a police sweep of International in the Fruitvale following Dia de Los Muertos or Cinco de Mayo, or Chinatown following the annual street festival? 

But 88th and International is Deep East Oakland, our brand of apartheid, where different laws apply, and where the U.S. Constitution is not always honored by public officials. 

Will Oakland police or other city officials defend OPD’s Dragon block party actions by saying they were doing so only to protect the participants from harm? If so, they would be at odds with longstanding United States court precedent from the civil rights era, which held that cities could not ban civil rights gatherings on the basis of preventive action because some anti-civil-rights group had threatened to come in and commit violence on the demonstrations. In addition, OPD’s Dragon block party actions seem oddly at cross-purposes with official Oakland policy on citizens “taking back the streets” from violent criminals. Only a few weeks ago, the City of Oakland and its Police Department were actively encouraging peaceful Oakland residents to sponsor block parties during the National Night Out event, some of them ranging far later in the night than the Dragon block party, some of them in the same neighborhood where the Dragon block party took place. 

So why is it okay for residents of the Deep East Oakland flatlands to congregate late in the night to take back their neighborhoods on National Night Out, but not okay to do so on other nights? 

Meanwhile, what seems implicit in such actions as the police sweeps at the East Bay Dragon event closings—fear of a young Black gathering, to paraphrase the famous Public Enemy song—is inherent by omission in other city policies. 

This Labor Day weekend, while the East Bay Dragons were holding their East Oakland event, thousands of people jammed Oakland’s annual downtown street festival, Art & Soul. Advertisement for the event boasts more than 60 entertainment acts on seven stages, but a close inspection of those entertainers shows something significant that was missing. While hip hop currently drives American entertainment and advertising and has done so for years, the genre was conspicuous by its absence from the Art & Soul lineup. There were entertainment stages devoted separately to jazz, alternative, Latin, blues, alternative, culture jam (not sure what that is but they had it), world dance, and r&b. Hip hop was relegated to background music for dance performances by Carla Service’s Dance-a-Vision Entertainment.  

Why is this so? 

One possible—even probable—reason is that hip hop artists and rappers—whether they were national figures or local talents—would attract large crowds of African-American and Latino youth, and official Oakland is clearly deeply worried that crowds of such youth might also attract violence. Oakland’s Art & Soul Festival did not prevent African-American and Latino youth from attending. Event organizers simply gave them no special reason to. This is no aberration. Venues focusing on hip hop music are actively discouraged by the City of Oakland, and it is hard to imagine any official city entertainment event that includes hip hop or rapping in its lineup. We run to hip hop artists when we need them to reach African-American or Latino youth—such as inviting Oakland’s Too Short to participate in this year’s “Silence the Violence Event” at the Oakland Coliseum—but they are otherwise pointedly excluded from the city’s official family. 

While that may hold off violence in the short run, what are the long-term consequences of such an exclusionary policy? 

Most important, such a policy fails to recognize that African-American and Latino youth are the primary victims of Oakland’s violence, the ones most likely to get shot or stabbed. It fails to acknowledge that only a tiny, tiny percentage of those youth are actually perpetrating the violence. And so, rather than working to find solutions to violence at youth events, Oakland’s policy is simply to discourage youth events wherever possible, either actively or by failure to include them in our plans. In fact, it is a policy that tells these youth that we have no solution for the problem of violence against youth, and that our only answer is for them to either leave Oakland, or to grow old enough that they no longer become targets. Regardless of how many Kids First ballot measures we pass, my friends, that is a major portion of the Oakland reality for our youth. 

Suppressing hip hop or police sweeps of the streets following Deep East Oakland events may serve to keep the city’s violence statistics down, temporarily. But it punishes the major victims of that violence. And in the long term, it provides no solution at all.


Wild Neighbors: Wine, Songbirds, and Leftover Salmon

By Joe Eaton
Thursday September 04, 2008 - 09:42:00 AM

Roughly 60 years ago, the pioneering conservationist Aldo Leopold wrote a short piece called “Odyssey,” collected in his Sand County Almanac. The odyssey in question is that of a nitrogen atom. Leopold imagined its travels from a starting point in a limestone ledge through a multiplicity of prairie food webs, and finally to the sea.  

There was as much poetry as science in “Odyssey.” No one at that time was able to track an atom from rock to root to flower to grazer to predator. These days, thanks to a technique called stable isotope analysis, scientists can at least identify way stations on such journeys. 

Stable isotopes—variant forms of hydrogen, carbon, and nitrogen—have become an indispensable part of the biologist’s tool kit. Ratios of deuterium to hydrogen in a warbler’s feathers indicate how far north it was when it grew those feathers before heading south for the winter. Carbon isotopes show where a road-killed mountain lion ate its last deer. And nitrogen isotopes help measure what riparian ecosystems owe to salmon. 

That last area has seen a florescence of studies in the last decade. It’s now recognized that the salmon that swim up their natal streams, spawn, and die represent a huge pulse of nutrients. The corpses of spent salmon nourish the streambed, supporting microorganisms and benthic invertebrates. Alaskan brown bears eat salmon, then go and fertilize the woods. For each scavenger, there’s a pathway. 

A recent study by Katie Christie and Thomas Reimchen of the University of Victoria underscores the importance of the salmon subsidy. Christie and Reimchen compared songbird diversity on a sample of rivers in coastal British Columbia. Some of the rivers had salmon-friendly gradients; others had waterfalls near their mouths that barred the passage of the fish, or falls farther upstream with salmon-free reaches beyond them. The biologists did point-counts of common riparian birds like winter wrens, Swainson’s and varied thrushes, and Pacific-slope flycatchers, and analyzed the birds’ abundance in terms of the presence or absence of salmon, distance from the stream, and vegetation structure. 

Christie and Reimchen found salmon to be an important predictor of songbird abundance, with sharp differences above and below salmon-blocking waterfalls. They speculated that the linkage involved aquatic insects like chironomid midges that feed on salmon carcasses as larvae and emerge as flying adults, prey for the wrens and flycatchers. Christie, in separate research, found salmon-derived isotopes in the bodies of winter wrens. Nutrients from the salmon may also benefit the huckleberries and salmonberries whose fruit the thrushes feed on. 

Closer to home, UC Davis fish biologist Peter Moyle and EBMUD scientist Joseph Merz used nitrogen isotopes to compare salmon contributions to two California rivers: the Mokelumne, which still has a consistent chinook run, and the Calaveras, which has pretty much lost its salmon. Nitrogen comes in two forms, the heavier of which is more abundant in seawater. Higher ratios of the heavier isotope to the lighter create a marine signature. 

Moyle and Merz calculated salmon biomass in the Mokelumne by counting migrant fish at the Woodbridge Dam, then multiplying by average weight to get an annual input of nearly 180,000 pounds. They surveyed salmon carcass distribution by scavengers, and sampled the leaves of native riparian vegetation and riverside vineyards to determine nitrogen ratios. 

They found that the leaves of wine grapes, Fremont cottonwoods, and sandbar willows near salmon spawning sites on the Mokelumne had significantly higher levels of the marine form of nitrogen than other sample sites on the river, or any sites on the Calaveras, consistent with receiving 18 to 25 percent of their nitrogen from a marine source. Vultures and other scavengers appeared to be transporting salmon remnants into the vineyards. (Fourteen bird and mammals species were detected feeding on salmon carcasses, including blacktail deer and western gray squirrels.) Since the Mokelumne seldom floods during the spawning season, direct river transport of salmon nutrients was considered a less likely pathway than scavenger distribution. 

Extrapolating from the Mokelumne, Moyle and Mertz figured that salmon runs, diminished though they may be, contribute 6,000 metric tons of biomass, 1,800 metric tons of carbon, and 337 metric tons of nitrogen to the Central Valley every year. The nitrogen alone would be an important input. Nitrogen feeds the yeasts that ferment wine, increasing sugar and ethanol formation, and nitrogen levels can directly affect wine quality. The salmon subsidy could also reduce the need for fertilizer in riparian restoration projects. 

The more we learn about the workings of the natural world, the more support there is for John Muir’s dictum about everything being hitched together. It’s fascinating to consider the nutrient flows from sea to river to forest and vineyard. With salmon populations crashing, it’s also sobering to think of the connections that have been broken. 


East Bay: Then and Now—Zimri Brewer Heywood: Separating Fact From Myth

By Daniella Thompson
Thursday September 04, 2008 - 09:40:00 AM
1808 Fifth St., an elegant Italianate Victorian built in 1878 for Zimri Heywood’s son Charles.
Daniella Thompson
1808 Fifth St., an elegant Italianate Victorian built in 1878 for Zimri Heywood’s son Charles.
The West Berkeley Lumber Company in the 1890s
BAHA archives
The West Berkeley Lumber Company in the 1890s
Zimri Brewer Heywood, aged 72.
Heywood family collection
Zimri Brewer Heywood, aged 72.
Captain James H. Jacobs’ lumber pier, c. 1867.
Louis L. Stein collection
Captain James H. Jacobs’ lumber pier, c. 1867.

As Planet Berkeley hurtles away from its past, the figures who dominated its early days, having accumulated a comet-like tail of stories and quasi-histories, take on the burnish of legend. Enshrined in books and articles, these stories have been repeated long enough to be taken for fact. 

But what are we to believe when the stories carry conflicting dates, names, and locations? 

Most people who are interested in Berkeley’s history will have heard the name of Zimri Brewer Heywood. He is best known as the owner of the town’s earliest lumber yard, partner of Captain James H. Jacobs in Berkeley’s first wharf, and the father of thirteen children, including two mayors and a California Assembly member. 

When did Zimri Heywood come to Berkeley? When was his business established here? Where did the Heywoods live in their first years out west? The answers to these questions are many and varied, depending on the source you choose to read. A great many of the accounts were published in the 20th century, relying on word of mouth or on other 20th-century sources. But what picture emerges when the Heywoods’ odyssey is reconstructed exclusively from 19th-century records and documents? 

Zimri Brewer Heywood was born on May 24, 1803 in Winslow, Maine. Prior to his arrival in California, he lived at times in Calais, ME, at others in St. Stephen or St. James, New Brunswick. His frequent cross-border moves had nothing to do with globetrotting. It happens that Calais and St. Stephen are practically one community, bisected by the St. Croix River, while St. James lies a mere ten miles north of St. Stephen. 

While living between Maine and New Brunswick, Zimri Heywood married four women within a span of 22 years, the first three wives dying at the age of 30, 29, and 26, in that order. The U.S. census of 1840 found Zimri in Calais, heading a large household that included two males under five (sons Franklin and Albert); three males aged 5 to 10 (sons William B., Charles, and Samuel); one female aged 15 to 20; one male aged 20 to 30; two females aged 20 to 30 (one of them his second wife, Jane Scott); three males aged 30 to 40 (including himself); and one female aged 30 to 40; 13 persons in all. 

During the 1840s, Zimri was involved in at least three lawsuits—either as plaintiff or defendant—involving property rights or debt. On July 24, 1850, the Heywood household, now reduced to nine persons, was still residing in Calais and included the fourth wife, Ann Bullock, and seven children from all four marriages. Zimri’s occupation was recorded as “millman,” his estate was worth $5,000, and his sons Charles, 18, and Samuel, 16, worked for him as laborers. 

If you’ve read any of the accounts relating how the Heywoods set out for California in September 1849, sailing around Cape Horn and arriving in San Francisco in early April 1850, you might be wondering how they accomplished this feat only to return home less than four months later. One possible answer is that Zimri went on a scouting expedition ahead of the family, in which case he couldn’t have stayed long and had to hightail it on the way back. 

It’s been claimed in several books that Zimri Heywood established his West Berkeley lumber yard in 1856. If this is the case, no record has been found to substantiate the date. The Heywoods did arrive in California some time in the 1850s, for several records exist that place them in the Bay Area by 1860. One of these is the San Francisco municipal register of 1859, listing the firm of Haywood [sic] & Harmon, California St., among the city’s lumber dealers. Zimri’s partner was Samuel H. Harmon (1826-1907), another Maine native. 

The 1860 U.S. census recorded Zimri and Ann Heywood in San Francisco with three young children and the 22-year-old Franklin. Zimri was listed as a lumber merchant with $3,000-worth of real estate, and Franklin was a clerk, presumably at Heywood & Harmon. 

Also in 1860, Zimri’s oldest living son, William Brewer Heywood (b. 1830), was a brick mason living in San Francisco with his bride of two years, Salome. Of his two full brothers, Charles Warren (b. 1831) and Samuel (b. 1833), there is no record that year. According to Past and Present of Alameda County California, Vol. II, published in 1914, Charles “engaged in the sheep business in the Napa valley for many years, driving his sheep to market from Napa to Oakland.” (The 1870 census listed Charles as a dairyman in Oakland.) Samuel reportedly made his home in the Gold Rush town of Camptonville. 

By 1863, both William and Franklin were working as clerks at Heywood & Harmon, then located at 43 Steuart St., on Pier 4. In 1866, Franklin registered to vote as a lumber dealer and William as a bookkeeper. Both lived at Polk St. between Sacramento and California Street, while their father resided at 1121 Kearny St. Two years later, William lost his wife in the Oakland Ferry Disaster of July 4, 1868. Salome was one of the holiday makers about to return to San Francisco on the ferry El Capitan after a day of festivities in Oakland. While transferring from the train to the ferry, the gangplank connecting ship to shore gave way, hurtling at least ten passengers to their death. William was left with two small sons to raise. 

Already in 1860, and perhaps earlier, before any Heywood lived in Berkeley, Zimri Heywood thought it wise to invest here. He acquired a tract of 2,900 acres in the Berkeley Hills, east of La Loma Park and about a mile north of the proposed campus of the College of California, and occupied (although did not reside in) a part of it known as the Ramsey Ranch. On September 4, 1860, Zimri executed a deed to the College president and board of trustees, granting them in perpetuity the exclusive right to collect water from the springs on his land, the amount of water not to exceed the capacity of a round pipe of three-inch bore, the balance of the water being reserved for the use of the ranch. A synopsis of the deed was duly recorded in the Journal of the California Senate and Assembly. 

In 1875, the land was partitioned among several tenants in common. Inevitably, one of these, Laura Pfeiffer, was not pleased when the institution--now the University of California--continued diverting large volumes of water from her land, and filed suit. The matter progressed through appeals all the way to the California Supreme Court, where it was found that “for three years and ten months immediately preceding the trial, the defendant so diverted and used 10,000 gallons per day, in addition to water sold by it to others, for which it received $4,804.”  

In November 1887, the Court found for Pfeiffer, holding that “the defendants, as tenants in common, could not by reservation in their deed create an easement or servitude on the common land as against their co-tenant.” It was a rare instance in which a citizen prevailed against UC. 

By 1868, Zimri Heywood had entered into his celebrated partnership with Captain James H. Jacobs (1825-1896), the Danish master mariner who operated Jacob’s Landing in Ocean View. As shown in an Alameda County map dated 1874, the two acquired ten acres of land amounting to roughly three city blocks, extending diagonally from the bay shore to midway between 4th and 5th Streets between Bristol (now Hearst) and Delaware.  

Their lumber yard and warehouses were located on the waterfront, current location of the Eastshore Freeway. 

On March 3, 1868, the California Senate and Assembly passed an Act to authorize Z.B. Heywood and J.H. Jacobs to construct a “wharf in front of their property at Jacobs’ or Ocean View Landing […] for the term of twenty years, commencing at high water mark and running into the Bay of San Francisco to deep water, provided said wharf shall in no manner interfere with the navigation of said bay, and that it shall be completed within one year from the passage of this Act; and said wharf shall not exceed in width one hundred feet.” Heywood and Jacobs were authorized, if they saw fit, to “collect such rates of toll and wharfage as may be fixed upon by the Board of Supervisors of Alameda County.” 

While Zimri remained in San Francisco, his son Samuel was the one Heywood who moved to Berkeley to run the lumber business with Jacobs. Sam lived in the Jacobs family house, where he was listed in the 1870 census. The West Berkeley Lumber Yard supplied the construction material for the first building on the University of California campus. 

But this business appears to have been a small affair compared to Zimri’s other lumber concerns. Possibly around 1872, he acquired an interest in a small sawmill in Gualala, Mendocino County. His son William was dispatched there to run it.  

Heywood, Harmon, and Captain Charles L. Dingley—the latter another Maine-born lumber magnate—incorporated the Gualala Mill Company in 1876 and built a modern, high-production mill at Mill Bend on the Gualala River. William B. Heywood managed it for several decades, and his brother Franklin eventually served as president.  

The mill employed 150 men, and the Heywoods built Gualala’s first schoolhouse, allowing local children to live in town instead of boarding elsewhere. In 1891, the company built the Gualala River Railway, which operated a 12-mile track from Bowen’s Landing to Logging Camp. The equipment comprised four freight locomotives and 32 logging cars. 

In 1873, along with four other San Francisco lumber dealers, Heywood & Harmon commissioned Isaac Hall to build a 107-ton, two-masted schooner for transporting lumber to their yards. Launched in April of that year, the vessel was named the Z.B. Heywood. Its namesake lived another six years, spending his final year in West Berkeley. 

 

This is the first in a series of articles on the Heywood family. The author is indebted to Jerry Sulliger and Jean Darnall for their many valuable contributions. 

 

Daniella Thompson publishes berkeleyheritage.com for the Berkeley Architectural Heritage Association (BAHA).


About the House: Walking on a Roof

By Matt Cantor
Thursday September 04, 2008 - 09:41:00 AM

Now, straight off, I want to say that climbing ladders and walking on roofs is not for everyone. In fact, it’s not for me. I have to do it for my job and, frankly, I hate it. Well, not all the time, but there are days when I dread it and I’ll tell you some stories of occasions that either validated my dread or exacerbated it. 

Truth be told, I’ve always been a scaredy-cat. I don’t ride a motorcycle, I’ve never jumped out of a plane and I don’t like driving on mountain roads. So much for my virility; I’m a sensitive male. Notwithstanding, I do have to do a few things in my job that make me seem pretty macho. Nobody likes crawling through crawlspaces but for me it’s no problem. 

ºApparently, I’m not particularly claustrophobic (and the wildlife is grossly overly dramatized). I have to handle wiring and open live electrical panels but, again, not a problem. I understand the danger and know how to keep myself safe. But when it comes to heights, things are not good and they’ve gotten worse with time (again, I’ll tell you more about that later). Nonetheless, I’ve been climbing ladders for many years and I continue to do so with decreasing comfort. 

Some years ago, I had an experience that, for better or worse, may have caused some increased wariness on my part. My ladder just barely reached the edge of a particular roof edge and I could not gauge the incline from the ground. I launched up the ladder, snaked myself off onto the roof and crawled up toward the ridge. Then it happened. I looked back. My heart began to pound and I was overtaken by dread. What had I done? I was now on a slightly slippery surface at a steep incline and the ladder was far behind me only just barely peeking over the edge. I was mortified and it took some time to calm myself down enough to work my way backward, which I did very slowly and with elephantine trepidation. Eventually, I worked my way back to the ladder and somehow slithered, one toe at a time, back onto the ladder. 

Ultimately, I got down, but the experience was hard to put behind me. I still feel it from time to time when the situation is similar. Vexingly, this has happened to somewhat lesser degrees in subsequent years but I have learned a few things that have decreased the effect. First, I’m getting older and my body is telling me that I don’t have the balance that I once had and should curtail some of the acrobatics I once considered de rigueur in the performance of my duties. Secondly, I’ve stopped expecting myself to do with my ladder what should rightly be performed with a longer ladder. Here’s the rule one should follow if you are foolhardy enough to climb on roofs: One should have three rungs of the ladder above the roof (some say three feet). This allows one enough grasp to be well connected to the ladder prior to placing any part of the body over the edge. 

Next, be sure to place the ladder at the proper incline. One way of gauging this is to look at the rungs. Many ladders have a flat-top rung that shows what angle the ladder should be set at. Ladders should be placed about a 75-degree angle. You should be able to place your toes at the base of the ladder and reach outward and grasp the ladder with arms fully extended. Many ladders also have an image on the edge showing the proper incline. I find that more people fail in the direction of having too much angle than not enough. Ladders are more likely to slide out at the base than to topple from above although it is clearly a bad idea to be too close to fully upright in the event that you lean or fall backward.  

If this all sounds frightening, that’s good. According to the Bureau of Labor Statistics, 11 percent of workplace injuries are due to falls (think of all the various kinds of injuries that can occur and you’ll realize what a large number that is) and one-fifth of those were through or off of roofs (falls off of ladders or scaffoldings are responsible for about one-seventh). The BLM says that in 1997 falls accounted for over 700 deaths and nearly one-third of a million injuries and, remember, these are only work-related. Total figures are surely much higher. 

Be sure that your ladder is in good shape. Keeping a bad ladder is a lousy way to save money, medical bills being what they are. If your husband keeps getting on a bad ladder, find the hacksaw (or handsaw if it’s wood) and cut it in half while he’s off playing street hockey. Just say it was an accident and you’re terribly sorry when he finds out. Be sure to smile and make him a big sandwich. 

Ladders should always be planted on a firm, level surface. I’ve often spent some serious time looking for the right place to mount a roof. Also, I usually look for the shortest ascent. If you’re house is on an incline, one side will usually have a significantly shorter climb to the roof.  

Consider the surface where you might fall. I usually opt for soil over concrete and will prefer to climb a bit higher if I can place myself over a lawn rather than a driveway. Ladders can easily slide sideways if you’re leaning left or right, so be sure to find or create a stable flat plane for the ladder to rest upon. A small block or rock may fall out in mid-ascent or, worse, when you’re getting back on the ladder from the roof (the most dangerous time in my experience).  

If you can afford leg-levelers, these are quite nice. I’ve done nicely without one but again, I spend a lot of time making sure I find a level place and I’m not afraid to “just say no” when it does not seem safe, which is, ultimately, the upside of my having scared myself half to death. 

I’d also like to say a bit about being on roofs and strategies that have worked for me over the years. First, stay away from the edge. This may sound self-evident but I’ve had more than a few folks with me on roofs who were pretty cavalier about approaching the edge of a roof. When I do need to see something really close to the edge, I get down on my butt and ease myself over to what I need to see. In short, I act as if I could fall or lose my balance at any time and try to place myself so that the worst fate I’d be likely to experience is falling ON to the roof. Don’t be macho. There is nothing to prove and ending up in a wheelchair isn’t worth trying to look brave. 

When I’m on a roof, I also try to use various fascias and pipes to hold onto. Don’t be afraid to use a gutter for balance but remember that it probably won’t hold your weight if you’re falling. I also like to place my ladder where I can use a pipe or flue to grasp if I’m unsteady. Be sure not to use an electrical mast in this way. There are often bare wires, that can shock, extending from these and it’s best to play it safe. 

Another thing I’ve learned is that a little dew is a very dangerous thing. Save the roof for the afternoon after the dew is well dried; also look out for moss and algae. Take time to test the friction of the surface and be sure to wear good rubber-soled shoes (and tie those laces!) 

I was recently on a new wooden shake roof out in Contra Costa County early in the AM and suddenly found myself skating across the surface of the roof (downhill, of course). I let my knees go and went splat onto the roof as flat as I could. I was fine but was blessed with the realization that even when a roof appears to be free of moss and rough of surface, it can hold enough surface moisture to become a “slip-and-slide.” Had I not had the presence of mind to drop, I might easily have skated off the edge, SO, if you are on a roof and you do start to slide, just let yourself fall in place. This is one more good reason to stay well away from the edge. If you need to clear gutters, stay on the ladder. 

My friend, the estimable Martin Kramer (a former JFK speech writer and frequent Peetnik) posited that my increasing skittishness on ascending ladders might be less a function of not listening to my inner voice and more a function of hearing (or my inner ear!). 

Turns out that this is a common problem. America’s Agony Aunt, Dear Abbey had a case last year of a construction worker in Vallejo, CA who was experiencing increasing anxiety with heights and at least two respondents suggested that he get his inner ear checked.  

Although little is know about the causes of most balance disorders, we do know that several exist including Benign Paroxysmal Positional Vertigo (BPPV), Labyrinthitis and Ménière’s disease. An inner ear infection can cause loss of balance and, in some cases, a course of streptomycin can clear it up. 

So to all of you who experience the willies when climbing a ladder I offer Mr. Dickens’ words offered to one man’s haunt: 

“You may be an undigested bit of beef, a blot of mustard, a crumb of cheese, a fragment of underdone potato. There’s more of gravy than of grave about you, whatever you are!” 

To my haunt, I say, There may be more infection than introspection about you! (or perhaps “more inner-ear than inner-fear”) 

Let me end by saying with no small emphasis that ladders and the conquest of roofs is not pedestrian stuff. It is best left to those who know it well and well worth the dollars to avoid. If you must do it, get yourself a good ladder, tie your shoes and take your time. I wish you good sense AND good luck. 

(*Note to self. Call Kaiser. Have cochlea checked.) 


Arts & Events

Arts Calendar

Thursday September 04, 2008 - 09:37:00 AM

THURSDAY, SEPT. 4 

READINGS AND LECTURES 

Samuel Lucas, in conversation with Aarti Shah on “Theorizing Discrimination in an Era of Contested Prejudice” at 5:30 p.m. at University Press Books, 2430 Bancroft Way. 548-0585. www.universitypressbooks.com 

Raj Patel discusses his book “Stuffed and Starved: The Hidden Battle for the World Food System” at 7 p.m. at Revolution Books 2425 Channing Way. 848-1196. 

Hannah Stein and Susan Kelly-DeWitt, poets, read at 7 p.m. at the Albany Library, 1247 Marin Ave. 526-3720. 

MUSIC AND DANCE 

Afrissippi at 9 p.m. at Ashkenaz. Workshop at 8 p.m. Cost is $10-$15. 525-5054. www.ashkenaz.com 

Rick Udler at 8 p.m. at Freight and Salvage. Cost is $18.50-$19.50. 548-1761. www.freightandsalvage.org 

Fiveplay at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $10. 841-JAZZ. www.AnnasJazzIsland.com 

Víctor Martínez, singer-songwriter from Oaxaca, at 8 p.m. at La Peña. Cost is $8-$10. 849-2568. www.lapena.org 

The Jacob Fred Jazz Odyssey at 9 p.m. at The Starry Plough. Cost is $12. 841-2082. www.starryploughpub.com 

The Dave G Collective at 10 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790. www.beckettsirishpub.com 

Karen Sudjian-Lampkin at 7 p.m. at Caffe Trieste, 2500 San Pablo Ave. 548-5198.  

Jane Monheit at 8 and 10 p.m., through Sun. at Yoshi’s at Jack London Square. Cost is $18-$24. 238-9200. www.yoshis.com 

FRIDAY, SEPT. 5 

THEATER 

“A Noir Musical” and “Staged Reading” Thurs.-Fri. at 8 p.m., Sat. at 2 and 8 p.m., at Live Oak Theater, 1301 Shattuck Ave. Tickets are $16. 800-838-3006. 

Aurora Theatre “The Best Man” Wed.-Sat. at 8 p.m., Sun. at 2 and 7 p.m. at 2081 Addison St. through Sept. 28. Tickets are $40-$42. 843-4822. www.auroratheatre.org 

Berkeley Rep “Yellowjackets” by Itamar Moses, a Berkeley resident, set at Berkeley High School, Tues.-Sun. at the Thrust Stage, 2025 Addison St., through Oct. 12. Tickets are $27-$71. 647-2949. berkeleyrep.org 

Impact Theatre “Ching Chong Chinaman” Thurs.-Sun. at 8 p.m. at La Val’s Subterranean, through Oct. 11. Tickets are $10-$17. 464-4468. impacttheatre.com 

Masquers Playhouse “The Petrified Forest” Fri. and Sat. at 8 p.m., Sun. at 2:30 p.m. at 105 Park Place, Point Richmond, through Sept. 27. Tickets are $18. 232-4031. www.masquers.org 

Oakland Public Theater, “Before the Dream: The mysterious death (and life) of Richard Wright” Thurs.-Sat. at 8 p.m., Sun. at 5 p.m. at the Noodle Factory Performince Arts Center, 1255 26th St., corner of Union, Oakland, through Oct. 5. Tickets are $9-$20. 534-9529. www.brownpapertickets.com 

Rough and Tumble “Candide” Thurs.-Sat. at 8 p.m., Sun at 7 p.m. at Berkeley City Club, 2315 Durant Ave. through Sept. 21. Tickets are $16-$22. 499-0356. www.randt.org 

Shotgun Players “Ubu for President” An adaptation of the plays of Alfred Jarry, Sat. and Sun. at 4 p.m. at John Hinkel Park, Southampton Ave., off the Arlington, through Sept. 14. Free, donations accepted. 841-6500. www.shotgunplayers.org 

Woodminster Summer Musicals “The Pirates of Penzance” Fri.-Sun. at 8 p.m., at Woodminster Amphitheater in Joaquin Miller Park, 3300 Joaquin Miller Rd., Oakland. through Sept. 15. Tickets are $23-$38. 531-9597. www.woodminster.com 

EXHIBITIONS 

Doug Minkler “Banned and Recovered: Artist Responds to Censorship” Opening reception at 6:30 p.m. at the African American Museum and Library, 659 14th St., Oakland. Through Dec. 31. 637-0200. 

“Enduring Fashion: Tribal Costumes from Southwest China” Opening reception at 5 p.m. at Ethnic Arts, 1314 10th St. 415-812-0015. www.redgingko.com 

“The Reading Chair” A story by Vicki Gunter, read in performance. Ceramic sculpture illustrate the story. At 7 p.m. at Oakopolis, 447 25th St., Oakland. 663-6920. 

Botanical Photographs by Bruce Schneider at Christensen Heller Gallery, 5829 College Ave., Oakland, through Nov. 2. Gallery hours are Wed.-Sat. 11 a.m. to 6 p.m., Sun. noon to 5 p.m. 655-5952. 

“Double Vision” Works by David Best, Donald Farnsworth, Era Farnsworth, Robert Hudson, Raymond Saunders, Richard Shaw and William Wiley. Reception at 7 p.m. at Front Gallery, 35 Grand Ave., Oakland. 444-1900. 

Joesam “New Works: Paintings” Opening reception at 5:30 p.m. at Joyce Gordon Gallery, 406 14th St., Oakland. www.joycegordongallery.com 

“Kwatro-Kantos” Works by the Filipino Collective. Artists’ reception at 6 p.m. at 21 Grand, 416 25th St., at Broadway, Oakland. 444-7263. www.kwatro-kantos.com 

“Chosen Terrain” Pastel drawings by Jamie Morgan, photographs by Mary Curtis Ratcliff. Opening reception at 6 p.m. at Mercury 20 Gallery, 25 Grand Ave., Oakland. Exhibition runs through Sept. 27. 701-4620. www.mercurytwenty.com 

Eth6 Magazine Issue 3: Contributing Artist Exhibition Reception at 7 p.m. at blankspace, 6608 San Pablo Ave., Oakland. 547-6608. 

“heavy fierce brightness” a sculpture and sound installation by Colin Stinson. Opening reception at 6 p.m. at Chandra Cerrito Contamporary, 25 Grand Ave., upper level, Oakland. Exhibit runs through Sept. 27. 415-577-7537. 

“Bob’s Wondrous Women” Works by Robert Wahrhaftig. Opening reception at 7 p.m. at Frank Bette Center for the Arts, 1601 Paru St., Alameda. info@frankbettecenter.org 

FILM 

ITVS Community Cinema “Runners High” A documentary by Justine Jacob and Alex da Silva on teenagers from a tough East Oakland neighborhood training for a marathon at 6:30 p.m., followed by discussion, at Oakland Museum of California, 1000 Oak St., Oakland. Part of the Port Huron Project 5. 238-2200. www.museumca.org 

“Urban Landscapes” Film and video shown at 8 p.m., outdoors on The Great Wall of Oakland, Grand Ave just west of Broadway. www.oaklandculturalarts.org 

READINGS AND LECTURES 

Studio One Reading Series with William Moor and Daphne Gottlieb at 7:30 p.m. at Studio One, 365 45th St. at Broadway, Oakland. Suggested donation $3-$15. 597-5027. 

MUSIC AND DANCE 

Right Rights for all People A benefit for Berkeley Organizing Congregations for Action at 7 p.m. at St. John’s Presbyterian Church, 2727 College Ave. Suggested donation $15. 665-5821. 

Bernard Anderson and Old School Flavor at 5 p.m. at Oakland Museum of California, 10th and Oak Sts. Cost is $5-$8. 238-2200. www.museumca.org 

“The Best Kept Secret” at 8 p.m. at the Jazzschool. Cost is $10-$20. 845-5373. www.jazzschool.com 

Rhonda Benin & Her Trio at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $12. 841-JAZZ.  

Stompy Jones at 9:30 p.m. at Ashkenaz. Dance lesson at 8 p.m. Cost is $10-$13. 525-5054.  

Rosebud Blue at 1 p.m. at Down Home Music, 10341 San Pablo Avenue, El Cerrito, free and at 8 p.m. at Freight and Salvage. Cost is $18.50-$19.50. 548-1761.  

“Un Viernes Flamenco” at 8 p.m. at La Peña Cultural Center. Cost is $15-$18. 849-2568.  

The Original Crooked Jades, The Stripmall Ballads at 9 p.m. at The Starry Plough. Cost is $9. 841-2082.  

Born/Dead, Dead Section, Fix My Head at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $7. 525-9926. 

Arc Angel, Black Lung, Pop Ices at 9 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $5-$7. 548-1159.  

Socket at 8 p.m. at Jupiter. 843-8277. 

Kit Smith & Tanya Livingstone at 8 p.m. at Caffe Trieste, 2500 San Pablo Ave. 548-5198.  

Jane Monheit at 8 and 10 p.m., through Sun. at Yoshi’s at Jack London Square. Cost is $18-$24. 238-9200.  

SATURDAY, SEPT. 6 

CHILDREN  

“Harvest at the Lake” Native American stories at 12:30 and 3:30 p.m. at Children’s Fairyland, 699 Bellevue Ave., Oakland. Cost is $6. 452-2259. www.fairyland.org 

EXHIBITIONS 

“Reconfigured Figurines” Works by Susan Sanford. Opening reception at 2 p.m. at Alta Galleria, 2890 College Ave., Suite 4. 414-4485. www.altagalleria.com 

“Pastelium” Color pigment photographsby Joseph Finkleman. Opening reception at 6 p.m. at Photolab Gallery, 2235 Fifth St. 644-1400. 

THEATER 

Stone Soup Improv at 8 p.m. at Temescal Arts Center, 511 48th St. at Telegraph, Oakland. Tickets are $6-$9. www.stonesoupimprov.com 

READINGS AND LECTURES 

Bay Area Poets Coalition open reading from 3 to 5 p.m. at Strawberry Creek Lodge, 1320 Addison St. Park on the street, not in Lodge parking lot. 527-9905. poetalk@aol.com 

“Jim Copp, Will You Tell Me A Story?” publication party at 7:30 p.m. at Mrs. Dalloways, 2904 College Ave. 704-8222. 

MUSIC AND DANCE 

Blumenstock & Johnson, violin and harpsichord, perform Bach and Telemann at 8 p.m. at Trinity Chapel, 2320 Dana St. Cost is $10-$15. 549-3864. www.trinitychamberconcerts.com 

Angela Gheorghiu, soprano with the San Francisco Opera Orchestra at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $35-$100. 642-9988. www.calperformances.net 

Macy Blackman & the Mighty Fines at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $14. 841-JAZZ. www.AnnasJazzIsland.com 

Pellejo Seco at 9:30 p.m. at Ashkenaz. Cuban salsa lesson at 8:30 p.m. Cost is $15. 525-5054. www.ashkenaz.com  

Antoinette Adwoa Kudoto, Ghana’s female master drummer at 8 p.m. at La Peña. Cost is $8-$10. 849-2568. www.lapena.org 

Gateswingers Jazz Band at 8 p.m. at 33 Revolutions Record Shop and Cafe, 10086 San Pablo Ave., El Cerrito. 898-1836.  

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

George Kuo, Martin Pahinui and Aaron Mahi at 8 p.m. at Freight and Salvage. Cost is $19.50-$20.50. 548-1761. www.freightandsalvage.org 

Allison Miller’s Boom Tic Boom at 8 p.m. at the Jazzschool. Cost is $18. 845-5373. www.jazzschool.com 

Burlesque ‘n’ Brass, featuring Hot Pink Feathers and Blue Bone at 9 p.m. at Café Van Kleef, 1621 Telegraph Ave., Oakland. Cost is $10. 763-7711. 

Dogwood Speaks, Brod Rob, The Knosckout Brothers at 9 p.m. at The Starry Plough. Cost is $8. 841-2082. www.starryploughpub.com 

La Plebe, Disaster Strikes, Armistice at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $5. 525-9926. 

SUNDAY, SEPT. 7 

EXHIBITIONS 

“At Play” Paintings by Angie Cha, Julie Lee Gochman and Jamie Treacy, and mixed media figurative sculpture by Marsha Balian. Artists’ reception at 3 p.m. at Community Art Gallery, Alta Bates Summit Medical Center, 2450 Ashby Ave. Exhibition runs through Nov. 13. 204-1667.  

“Remembering Chile & the Journeys of Migration” Works by Lydia Nakashims Degarrod, Shy Hamilton and Megan Vrolijik, at La Peña. 849-2568. www.lapena.org 

MUSIC AND DANCE 

Americana Unplugged at 5 p.m. at Jupiter. 843-8277. 

Larry Vann Group at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $12. 841-JAZZ. www.AnnasJazzIsland.com 

Sheppard’s Krook, Ed’s in Therapy, Jenna & The Big Weenies, Resucitations, in a benefit for Children’s Hospital, at 4 p.m. at Ashkenaz. Cost is $8. 525-5054. www.ashkenaz.com 

Linda Tillery & the Cultural Heritage Choir at 6:30 and 8:30 p.m. at La Peña. Cost is $22-$25. 849-2568. www.lapena.org 

MONDAY, SEPT. 8 

READINGS AND LECTURES 

Rose Fox, author of “Memories of Love and Laughter” reads at 7 p.m. at Kensington Library, 61 Arlington Ave. 524-3043. 

El Cerrito Art Association with Dmitry Grudsky, guest artist, at 7:30 p.m. in the Garden Room, City Council Chambers, El Cerrito Community Center, 7007 Moeser Lane at Ashbury Ave. 234-5028. 

Tom Pickard reads from his poetry and prose at 7:30 p.m. at Moe’s Books, 2476 Telegraph Ave. 849-2087. 

Poetry Express with Lucky 7 at 7 p.m. at Priya Restaurant, 2072 San Pablo Ave. 644-3977. 

MUSIC AND DANCE 

Parlor Tango at 7 p.m. at Caffe Trieste, 2500 San Pablo Ave., at Dwight. 548-5198.  

Richard Julian, Bhi Bhiman at 8 p.m. at Freight and Salvage Coffee House. Cost is $14.50-$15.50. 548-1761 www.freightandsalvage.org 

Downtown Jam Session with Glen Pearson at 7 p.m. at Ed Kelly Hall, Oakland Public Conservatory of Music, 1616 Franklin St., Oakland. Cost is $5. www.opcmucsic.org 

Mo’Fone at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $14. 238-9200. www.yoshis.com 

TUESDAY, SEPT. 9 

THEATER 

San Francisco Mime Troupe “Red State” at 7 p.m. at Laney College, Oakland. Free, donations accepted. 415-285-1717. www.sfmt.org 

EXHIBITIONS 

“Creative Expressions” by East Bay Women Artists, at Royal Ground Gallery, 2058 Mountain Blvd., Oakland. Exhibition runs to Nov. 1. 841-0441. 

“Art for Humanity: United Nations Goals” Group show at Giorgi Gallery, 2911 CLaremont Ave., through Sept. 28. 848-1228. 

READINGS AND LECTURES 

John Brandi & Michael McClure read their poetry at 7:30 p.m. at Moe’s Books, 2476 Telegraph Ave. 849-2087. 

MUSIC AND DANCE 

Tom Rigney & Flambeau at 8:30 p.m. at Ashkenaz. Cajun dance lesson at 8 p.m. Cost is $10. 525-5054. www.ashkenaz.com 

Singers’ Open Mic with Kelly Park at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $5. 841-JAZZ. www.AnnasJazzIsland.com 

James Hurley at 7 p.m. at Caffe Trieste, 2500 San Pablo Ave., at Dwight. 548-5198.  

Lolita Sweet at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10-$20. 238-9200. www.yoshis.com 

Jazzschool Tuesdays, a weekly showcase of up-and-coming ensembles from Berkeley Jazzschool at 8 p.m. at Jupiter. 843-8277. 

WEDNESDAY, SEPT. 10 

EXHIBITIONS 

“The American President” Photographs from the Associated Press Reception at 5 p.m., panel discussion at 6:30 p.m. at North Gate Hall, Grad. School of Journalism, corner of Hearst and Euclid. Exhibition runs to Jan. 20. RSVP to events@journalism.berkeley.edu 

“Mahjong: Contemporary Chinese Art from the Sigg Collection” Opens at the Berkeley Art Museum, 2626 Bancroft Way. Cost is $3-$8. 642-0808. bampfa.berkeley.edu 

THEATER 

“Bizarro” Mult-media performance with cartoonist Dan Piraro at 8 p.m. at The Grand Lake Theater, 3200 Grand Ave., Oakland. Tickets are $12. 452-3556. 

READINGS AND LECTURES 

Neal Stephenson, author of the “The Baroque Cycle,” reads at 7:30 p.m. at Moe’s Books, 2476 Telegraph Ave. 849-2087. 

Patricia J. Graham on “Veneration and Imagery of Buddhist “Saints” in Japan from 1700 to Presernt” at 4 p.m. at the IEAS Conference Room, 2223 Fulton St., 6th flr. 643-6536. 

Cafe Poetry at 7:30 p.m. at La Peña. 849-2568. www.lapena.org 

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

MUSIC AND DANCE 

Toyoji’s Song: Toyoji Tomita Memorial Concert, a benefit concert featuring Roscoe Mitchell, Pauline Oliveros, Stuart Dempster, and other new and experimental music performers at 7:30 p.m. at Lisser Hall, Mills College, 5000 MacArthur Blvd., Oakland. Suggested donation $20. All proceeds go to the Tomita Fund for the family. 

Wednesday Noon Concert, with Michael Seth Orland, piano, at Hertz Hall, UC Campus. Free. 642-4864. http://music.berkeley.edu 

Iron & the Albatross with Ara Anderson, Todd Sickafooses’s Blood Orange at 8 p.m. at Freight and Salvage. Cost is $18.50-$19.50. 548-1761.  

New West Guitar Quartet at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $10. 841-JAZZ. www.AnnasJazzIsland.com 

Balkan Folkdance at 8 p.m. at Ashkenaz. Cost is $7. 525-5054. www.ashkenaz.com 

Orquestra Universal at 9:30 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Salsa dance lessons at 8:30 p.m. Cost is $5-$10. 548-1159.  

Neurohumors, improvisational music, at 8 p.m. at Jupiter. 843-8277. 

James Carter at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10-$20. 238-9200. 

 

 

 

THURSDAY, SEPT. 11 

THEATER 

San Francisco Mime Troupe “Red State” at 7 p.m. at Lake Merritt, Oakland. Free, donations accepted. 415-285-1717. www.sfmt.org 

EXHIBITIONS 

“Human Remains” Art influenced by the Iraq war opens at Float Art Gallery, 1091 Calcot Place, Unit # 116, Oakland. 535-1702. 

Pro Arts New Visions 2008 Group Show Artists’ reception at 6 p.m. at Pro Arts Gallery, 550 Second St., Oakland, and runs through Oct. 24. www.proartsgallery.org 

READINGS AND LECTURES 

“Writin’ on Empty: Parents Reveal the Upside, Downside, and Everything in Between When Children Leave the Nest” at 7:30 p.m. at Mrs. Dalloways, 2904 College Ave. 704-8222. 

MUSIC AND DANCE 

New Century Chamber Orchestra “Nadja Plays Piazzolla” The Sounds of Brazil and Argentina with Nadja Salerno-Sonnenberg, violin, at 8 p.m. at First Congregational Church, 2345 Channing Way. Tickets are $32-$45. 415-357-1111. www.ncco.org 

Phoenix & Afterbuffalo at 9:30 p.m. at Ashkenaz. Cost is $10-$20 sliding scale. 525-5054. www.ashkenaz.com 

Berkeley Old Time Music Convention with Sheila Kay Adms, Evo Bluestein, and the Stairwell Sisters at 8 p.m. at Freight and Salvage. Cost is $15.50-$16.50. 548-1761. www.freightandsalvage.org 

John Herbst’s “Epicenter” at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $10. 841-JAZZ. www.AnnasJazzIsland.com 

The Marlenes at 7 p.m. at Caffe Trieste, 2500 San Pablo Ave., at Dwight. 548-5198.  

Lady Genius The Parish, Sweetie at 9 p.m. at The Starry Plough. Cost is $8. 841-2082. www.starryploughpub.com 

Charles Wheal at 10 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790. www.beckettsirishpub.com 

Bill Collins at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $5. 525-9926. 

James Carter at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10-$20. 238-9200. www.yoshis.com 

FRIDAY, SEPT. 12 

THEATER 

Aurora Theatre “The Best Man” Wed.-Sat. at 8 p.m., Sun. at 2 and 7 p.m. at 2081 Addison St. through Sept. 28. Tickets are $40-$42. 843-4822. www.auroratheatre.org 

Berkeley Rep “Yellowjackets” by Itamar Moses, a Berkeley resident, set at Berkeley High School, Tues.-Sun. at the Thrust Stage, 2025 Addison St., through Oct. 12. Tickets are $27-$71. 647-2949. berkeleyrep.org 

Impact Theatre “Ching Chong Chinaman” Thurs.-Sat at 8 p.m. at La Val’s Subterranean, to Oct. 11. Tickets are $10-$17. 464-4468. impacttheatre.com 

Masquers Playhouse “The Petrified Forest” Fri. and Sat. at 8 p.m., Sun. at 2:30 p.m. at 105 Park Place, Point Richmond, through Sept. 27. Tickets are $18. 232-4031. www.masquers.org 

Oakland Public Theater, “Before the Dream: The mysterious death (and life) of Richard Wright” Thurs.-Sat. at 8 p.m., Sun. at 5 p.m. at the Noodle Factory Performing Arts Center, 1255 26th St., corner of Union, Oakland, through Oct. 5. Tickets are $9-$20. 534-9529. www.brownpapertickets.com 

Rough and Tumble “Candide” Thurs.-Sat. at 8 p.m., Sun at 7 p.m. at Berkeley City Club, 2315 Durant Ave. through Sept. 21. Tickets are $16-$22. 499-0356. www.randt.org 

Shotgun Players “Ubu for President” An adaptation of the plays of Alfred Jarry, Sat. and Sun. at 4 p.m. at John Hinkel Park, Southampton Ave., off the Arlington, through Sept. 14. Free, donations accepted. 841-6500. www.shotgunplayers.org 

Woodminster Summer Musicals “The Pirates of Penzance” Fri.-Sun. at 8 p.m., at Woodminster Amphitheater in Joaquin Miller Park, 3300 Joaquin Miller Rd., Oakland. through Sept. 15. Tickets are $23-$38. 531-9597. www.woodminster.com 

FILM 

“Pennies From Heaven” View and discuss the archetypal, mythic, depth psychological dimensions af the film at 7 p.m. at The Dream Institute, 1672 University near McGee. Cost is $12. 845-1767. 

EXHIBITIONS 

“Contemporary Abstracts” Works by Susan Putnam, Leslie Carabas, Cathy Coe, Mary DePaolo and Mitchel Rubin. Opening reception at 6 p.m. at ACCI Gallery, 1652 Shattuck Ave. Exhibition runs to Oct. 5. 843-2527. 

“Goddesses” Prints by Mayumi Oda Artist’s talk at 5:30 p.m. at IEAS Gallery, 2223 Fulton St. 6th flr. 643-6536. 

Eth6 Magazine Issue 3:Contributing Artist Exhibition Artist reception at 7 p.m. at blankspace, 6608 San Pablo Ave., Oakland. 547-6608. 

READINGS AND LECTURES 

Cathy Barber, Arthur Dawson, Albert Flynn DeSilver, and others read as part of The Last Word Reading Series, at 7 p.m. at Nefeli Caffe, 1854 Euclid Ave, just north of Hearst. 841-6374. 

Christopher Grampp describes “From Yard to Garden: The Domestication of America’s Home Grounds” at 7:30 p.m. at Mrs. Dalloways, 2904 College Ave. 704-8222. 

MUSIC AND DANCE 

Point Richmond Summer Music with Gumbo West and Ed Early at 5:30 p.m. outdoors at Park Place in downtown Point Richmond. www.pointrichmond.com 

Los Camperos De Valles, La Colectiva, in a celebration of Mexican Independence Day at 9 p.m. at La Peña Cultural Center. Cost is $12. 849-2568. www.lapena.org 

Kristen Strom & Jennifer Scott Quartet at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $12. 841-JAZZ. www.AnnasJazzIsland.com 

Donny McCaslin at 8 p.m. at the Jazzschool. Cost is $12. 845-5373. www.jazzschool.com 

Creation, reggae, at 9:30 p.m. at Ashkenaz. Cost is $10-$13. 525-5054. www.ashkenaz.com 

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

Berkeley Old Time Music Convention with Benton Flippen, Paul Brown & Frank Bode, Claeb Klauder & Sammy Lind and Rayna Gellert at 8 p.m. at Freight and Salvage. Cost is $15.50-$16.50. 548-1761. www.freightandsalvage.org 

Nada Lewis, Eastern European, French and italian violin and accordian, at 7 p.m. at Le Bateau Ivre, 2629 Telegraph Ave. www.lebateauivre.net 

Locura, Sol Jibe, Maracatu Luta at 9:30 p.m. at The Starry Plough. Cost is $10. 841-2082. www.starryploughpub.com 

Ceremony, Foreign Nature, Crucified, benefit for EDS, at 7:30 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $8-$10. 525-9926. 

Green Machine at 10 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790. www.beckettsirishpub.com 

The Itals at 9 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $13-$18. 548-1159.  

Socket at 8 p.m. at Jupiter. 843-8277. 

El Debarge at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sun. Cost is $40. 238-9200. www.yoshis.com 

SATURDAY, SEPT. 13 

CHILDREN  

“The Girl Who Lost Her Smile” adapted from a poem by Rumi, at 12:30 and 3:30 p.m. at Children’s Fairyland, 699 Bellevue Ave., Oakland. Cost is $6. 452-2259. www.fairyland.org 

“The Sleeping Giant: A Tale from Kaua’i” at 1 p.m. at Museum of Children’s Art, 538 Ninth St., Oakland. 465-8770. 

EXHIBITIONS 

Landscape and Urban Photography by Patrick Smith Opening reception at 3 p.m. at the LightRoom Gallery, 2263 Fifth St., and runs through Oct. 3. 649-8111. www.lightroom.com 

“Human Remains” Art influenced by the Iraq war. Requiem and performance at 6 p.m. at Float Art Gallery, 1091 Calcot Place, Unit # 116, Oakland. Cost is $2. 535-1702. 

READINGS AND LECTURES 

“Places at the Table: Asian Women Artists and Gender Dynamics” A conference from 9 a.m. to 5 p.m. at Berkeley Art Museum, 2621 Durant Ave. Free, but registration required. http://ieas.berkeley.edu/events/2008.09.13w.html 

Robert Scheer introduces his new book “Pornography of Power” at 7 p.m. at Alameda Free Library, Conf. Room A, 1550 Oak St., Alameda. Sponsored by Alameda Public Affairs Forum and Books Inc. donations at the door. alamedapublicaffairs@comcast.net 

Society of American Magicians “Stars of Magic” at 12:30 p.m. at Julia Morgan Center for the Arts, 2640 College Ave. Tickets are $10-$14. 925-798-1300. www.willowstickets.org 

Deep Green Comedy Show at 8 p.m. at Julia Morgan Center for the Arts, 2640 College Ave. Tickets are $10-$25. 925-798-1300. www.willowstickets.org 

MUSIC AND DANCE 

Philharmonia Baroque Orchestra “Myth & the Muse” at 8 p.m. at First Congregational Church, 2345 Channing Way. For ticket information call 415-252-1288. 

Create for Change A Community Music & Arts Festival to support Barack Obama, Move On and Rock the Vote with music by The Jolly Gibsons, Mo’Fone, Youngsters, EthNohTec, Joel Ben Izzy, from 2 to 6 p.m. at Northbrae Community Church, 941 The Alameda. Donation $20-$100. www.createforchange.org 

“Experience on the GreenChapter One” Performances by Roberta Flack, Patrice Rushen, Dr. Donald Byrd, Ray Parker Jr., Michael Henderson, drummer Ndugu Chancler, and Kevin Toney of the Blackbyrds at 2 p.m., doors at noon, at The Great Court Garden of the Oakland Museum, 1000 Oak St., Oakland. Tickets are $70-$125. 1-877-EXP-THE-GREEN. www.511Tickets.com, www.brownpapertickets.com. 

Amor Cubano, with music, performances, food and dancing at 7 p.m. at Pro Arts Gallery, 550 2nd St., Oakland. Cost is $10 and up. 590-6762. 

Sammy Figueroa and his Latin Jazz Explosion at 8 p.m. at La Peña Cultural Center. Cost is $16-$18. 849-2568. www.lapena.org 

Ellen Hoffman Quartet featuring India Cooke at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $14. 841-JAZZ. www.AnnasJazzIsland.com 

Berkeley Old Time Music Convention Square Dance with Foghorn String Band, Benton Flippen, Paul Brown, Frank Bode & Friends, Squirrelly String Band. Clogging workshop at 7 p.m., Square Dance at 7:30 p.m. at Ashkenaz. Cost is $15, children 5-18 $5. 525-5054. www.ashkenaz.com  

Dya Singh at 8 p.m. at Freight and Salvage. Cost is $18.50-$19.50. 548-1761. www.freightandsalvage.org 

Roger Rocha and the Golden hearts at 9:30 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790. www.beckettsirishpub.com 

“The Erotic Campaign” Performance by Frank Moore at 8 p.m. at Wildcat Studio, 2525 8th St., studio #15. 526-7858. fmoore@eroplay.com 

Steve Carter Jazz Trio at 9:30 p.m. at Albatross, 1822 San Pablo Ave. Cost is $3. 843-2473. www.albatrosspub.com 

Dylan, Val Esway and El Mirage, Joni Davis, Michael Hamm at 9 p.m. at The Starry Plough. Cost is $10. 841-2082. www.starryploughpub.com 

Slydini at 8 p.m. at Jupiter. 843-8277. 

Floating Corpses, Hunx and his Punx, The No Gos at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $5. 525-9926. 

El Debarge at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sun. Cost is $40. 238-9200. www.yoshis.com 

SUNDAY, SEPT. 14 

READINGS AND LECTURES 

Aimee Suzara reads from her poems “The Space Between” at 7 p.m. at La Peña. Cost is $5-$8. 849-2568. www.lapena.org 

Matthew McKay reads from his novel “Wawona Hotel” at 4 p.m. at Mrs. Dalloways, 2904 College Ave. 704-8222. 

MUSIC AND DANCE 

Memorial Concert for Jorge Liderman, featuring music by Liderman, at 2 p.m. at Hertz Hall, UC Campus. 642-9988. www.calperformances.net 

Philharmonia Baroque Orchestra “Myth & the Muse” at 7:30 p.m. at First Congregational Church, 2345 Channing Way. For ticket information call 415-252-1288. 

Betty Schneider & Her Trio at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $10. 841-JAZZ. www.AnnasJazzIsland.com 

Americana Unplugged at 5 p.m. at Jupiter. 843-8277. 

Big Lou’s Polka Casserole at 5 p.m. at Ashkenaz. Cost is $10. 525-5054. www.ashkenaz.com 

Pappa Gianni and the North Beach Band at 2 p.m. at Caffe Trieste, 2500 San Pablo Ave., at Dwight. 548-5198.  

Asher/LaMacchia at 8 p.m. at Freight and Salvage. Cost is $18.50-$19.50. 548-1761. www.freightandsalvage.org 


Rough and Tumble Stages ‘Candide’ at City Club

By Ken Bullock Special to the Planet
Thursday September 04, 2008 - 09:34:00 AM

“This is Candide. He’s just like you ... Get out!” The Everyman hero of Voltaire’s tale outlives all the considerable horror of his age. He has a happy childhood as student of an optimistic philosopher in Westphalia (“the best of countries in the best of all possible worlds” in the garden of “the best of all possible castles”), then is ejected from this self-proclaimed paradise into the disasters of war, earthquake and tempest. He survives the Inquisition’s auto-da-fe as well as just plain, low-down deception, the turmoil of love and complexities of friendship, while moving across Europe, the high seas, to the New World and back again—and finally, down on the farm, quietly insists, “We must cultivate our garden.”  

Now, 250 years later, this story still proves both scathing, satiric testimony for skepticism and a champion for the ethic of universal toleration in Humanism. 

Rough and Tumble, Berkeley’s 14-year-old company, which staged Brecht with the Shotgun Players at Hinkel Park, followed by last year’s 43 Plays for 43 Presidents on their own in the subterranean space beneath La Val’s Northside, has just opened at the Berkeley City Club in playwright Len Jenkin’s adaptation, Candide, or Optimism, of Voltaire’s picaresque conte (though ever-innocent Candide never exactly becomes a sly picaro) in the kind of circular (or spiral) storytelling theatrical process that’s become the troupe’s hallmark. 

Episode rushes after vignette. The hair-raising is dogged by humor as the Rough and Tumble ensemble essays Voltaire’s burlesque (yet apotheosis) of the morality tale, with various players in turn recounting the story, the group often answering as a call-and-response chorus, swiftly changing countries as fast as changing roles. The speed of the storytelling is salutary, making the overall contour of the tale stand out from the torrent of events, though the tempo seems to let up in the second half. 

This sort of round robin of narration and acting works pretty well with a string of related events. With other kinds of plays, it might cut the dynamics.  

Some of the players, under the direction of co-founder Cliff Mayotte, are longtime or original Rough-and-Tumblers: Louise Chegwidden, who portrays the optimist philosopher Dr. Pangloss, among others; Carolyn Doyle, the South American colonial Governor Don Fernando (with suave rubber-banded mustache) and Candide’s skeptical friend Martin; Janet Keller (who’s also worked with Kaliyuga Arts) as both Jacques the good Anabaptist and the resilient Old Woman; Eowyn Mader as the lovely, then ravaged Paquette, after whom Pangloss lusts; Stewart Evan Smith, as the King of El Dorado, and many others. 

There are also some bright new faces: Diana Dorel Gutierrez as the fair Cunegonde; Wayne Lee as faithful guide Cacambo; and Leon Goertzen (who’s been seen with Impact, The Rep, Aurora and the Mime Troupe) as Candide.  

Oakland jazz saxophonist and composer Philip Greenlief accompanies the action, mostly on clarinet, guitar and percussion, and plays a few characters to boot.  

Each lends a different savor to the big cannibal stew of human types Voltaire has concocted, and Rough and Tumble serves up, first placing a smiling portrait of the old philosopher among the books that line the mantel in the chamber theater of the City Club at the start of the show.  

CANDIDE, OR OPTIMISM 

8 p.m. Thursdays, Fridays and Saturdays and 7 p.m. Sundays through Sept. 21 at 

Berkeley City Club, 2315 Durant Ave.  

$16-22. 499-0356.  

randt.org or brownpapertickets.com. 


‘The Best Man’ Comes to the Aurora

By Ken Bullock Special to the Planet
Thursday September 04, 2008 - 09:36:00 AM

From the first entrance of a candidate and his “entourage” into a tacky hotel room (Richard Olmstead’s set), surrounded by reporters, with the sound of a crowd outside the quickly shut door, to the final cliffhanger of an instruction phoned in to a delegation that changes the voting of a deadlocked convention, the Aurora’s timely revival of The Best Man, Gore Vidal’s 1960 play about politicians, their wives, their flacks and operatives—and their pasts, their secrets—is played out with clockwork timing that emphasizes Vidal’s wit and the inexorable grinding of the great public machine in the convention hall outside the private little rooms, where the decisions and their stakes are mulled, joshed at—and sparred over. 

Artistic director Tom Ross presides over a cast with real depth, some taking on a pair of roles, each adding to the ensemble effect of the tensions and stresses—private made public and vice versa—that lift this commercially successful play (made into a film five years later with Henry Fonda; Ronald Reagan was rejected for a part because he didn’t have “that presidential look”) above potboiler status, its well-wrought plot and characters succeeding in making a simulacrum of the craziness and calculation of that “best laid plans” sprint to the nomination  

It’s an idealized simulacrum. When John Kennedy—assured the philandering of the principal character wasn’t a reflection of his own—critiqued the play to Vidal (Tom Ross quotes Vidal’s memoir in his notes), he remarked that there was never any time while campaigning to indulge in the ruminations that fill the rooms like smoke, interspersing the action. Vidal said he replied that no audience would understand the shorthand politicos express themselves in. JFK laughed, then gave another insider’s piquant remark: “When a politician says to you, ‘Jack, if there’s anything I can do for you, just let me know,’ that means you’re dead.” 

There’s much of that kind of inadvertently—and very advertent—ironic shoptalk, as fortunes change quickly with rumor, both floating and planted. Vidal’s ear is tuned to the idiom, and he’s able to make both soliloquies and exchanges out of it, with something of the Wildean touch for bon mots—and acid raggings.  

His background in TV and mystery writing (gained when he was effectively blackballed as a novelist and celebrity from mention in the press and welcomed in publishing houses because of his work’s “degeneracy”) comes through strongly in the constant machinations of the plot, which both absorb and provide a podium for the remarks he must have savored. 

Charles Shaw Robinson plays the part of Secretary William Russell, catching the particular air of the meditative intellectual and very private man who thrusts himself into public life. He quotes Bertrand Russell (“no relation,” though he agrees his homonym was fired from an American college faculty, “but only for moral turpitude”) and promises his manager (a good, stolid Michael Patrick Gaffney) he’ll only project blandness in the future. 

This is an irony in itself. The part of Bill Russell, loaded with witticisms, stiffened with the applied odor—or fragrance—of potential scandal—can’t escape the blandness of the theatrically heroic leading man. Shaw Robinnson uses every bit of his considerable ability to give the candidate nuance, and does, without breaking his Ivy League demeanor. Emilie Talbot has something of the same problem with the role of Russell’s estranged wife Alice, and also acquits herself admirably. They appear, almost effortlessly, to have that gloss, that slight, stiff remoteness of a First Couple during the postwar, pre-Vietnam—and “Nixonian”—era. 

Their opposite numbers: number two and trying harder, with each self-serving, sickly-sweet coated barb he can fling, and the smarmy remarks she can churn out with a drawl, a cigarette and a lipstick smile—are Senator Joseph Cantwell and his wife, Mabel, played with comic verve and deadliness by Tim Kniffen and Deb Fink. If the others are political animals, they’re beasts in the jungle, and they lend the play its ballast of ferocity and low comedy. 

It’s one of the nicest of many ironies that “the last of the great hicks,” secretly-moribund President Art Hockstader (a gleefully, professionally hypocritical ex-farmboy political oldtimer from the days “you had to pour God over everything like ketchup,” played with humorous brio by Charles Dean) is almost set to endorse the underdog, only to be piqued by the cluelessness of his voracious ambition and lack of ethics (and judgment). The accent is on cluelessness—he doesn’t have that presidential deadpan, the president intones—though he grows irritated with his secretary of state for Hamletizing, for not seizing the moment to out-smear the smearer and grasp the ring. 

The others—Elizabeth Benedict as Mrs. Gammage, the Southern Party creature, who gushes that she “loves eggheads in politics!”, Brendan Kussman, Michael Cassidy, and a slightly slimy and too-eager-to-please Jackson Davis as Cantwell’s old Army buddy—who come to tell all that happened in the Aleutians (where Vidal was based, and his “degenerate” works set) are just as on top of their game as the principals. 

It’s a great and thoughtful—and timely—entertainment, combining the rapaciousness and reflectiveness public life conjures up: looking in the mirror, Russell extemporizes, “Is there anything more indecent than the human face when it smiles? All the predatory teeth of our animal relations!” Political animals, indeed. To which his manager throws a caution: No Darwin, no evolution ... 

THE BEST MAN 

8 p.m. Wednesday through Saturday;  

2 and 7 p.m. Sunday at the Aurora Theatre,  

2081 Addison St. $40-$42. 843-4822. 

www.auroratheatre.org. 


Tayo Aluko Performs ‘Call Mr. Robeson’ in San Francisco

By Ken Bullock Special to the Planet
Thursday September 04, 2008 - 09:38:00 AM

“Take ‘Old Man River,’” said Tayo Aluko, talking about the signature tune of the great singer, actor and activist for human rights, Paul Robeson, whom he portrays in his one man show, Call Mr. Robeson, at downtown San Francisco’s Phoenix Theatre this weekend. “The lyrics in that song are very profound in terms of Robeson himself. ‘He just keeps rollin’ along,’ yes; his memory survives. Then after saying Old Man River doesn’t plant the crops, ‘them that plants them is soon forgotten.’ ... Paul Robeson can still inspire people to shout out his name and the names of the forgotten, to know they’re not alone.” 

Aluko was born in Nigeria, where he first sang in primary school choirs and went to boarding school in Britain at 16, then studied architecture, “which I still practice professionally ... Singing, like acting as an amateur, I love too much to do professionally. But since discovering Mr. Robeson, it’s the one thing that could make me professional for awhile. Now it’s 80 percent of my time on Robeson, 20 percent on architecture—which’s fine, because I work for myself.” 

Living in Liverpool, Aluko, a baritone, has sung “with a number of orchestras, music societies, choirs and brass bands in the U.K., Germany, Ireland and Nigeria ... and lead roles in various operas and stage musicals,” according to a brief bio on the African American Art Song Alliance website, which also mentions his productions of music by Ellington and Samuel Coleridge-Taylor, classical music by African composers and successful charity concerts, plays (The Amber Chronicles, by black writers) and play readings. 

He discovered Robeson while singing in a 1995 Liverpool fundraiser, “My Lord, What A Morning”—“a dawn chorus for summer solistice.” Afterwards, a woman came up to him and asked if he sang any Paul Robeson songs. “I must have said, ‘I think I’ve heard the name,’ then happened on his biography by Martin Duberman in the library a month later. I finally finished it at noon Christmas morning. I was blown away by the story, both inspirational and tragic in nature. And I was amazed, after three university degrees, to be ignorant of the man.” 

Aluko was determined “to make sure the story was told. I found someone to write the story; actually two people, writing at the same time. It took three years, and didn’t work out. I was never happy. I didn’t know then that I was a writer.” 

Finally, Aluko “had a go myself, about three years ago.” In earlier drafts, he conceived of a partly fictional drama, with other characters, before settling on a solo show. But he says he’d like to get back to that idea, “a bigger piece, with quite a big cast. I don’t know whether it’ll be me writing that. Maybe it’ll be a film as well.” 

Aluko spoke about how Robeson’s “life and interests were so profound and so varied. Especially concerning Africa. There’s so much that’s communal between Africa, Europe and America—the slave trade, of course, but also before and since; descendents and ancestry. It’s interesting that an African American could introduce me as a modern African to pride in African ancestry, wanting to be connected. It’s humbling in a way to come here, to his home country, and perform him. It’s amazing that it started with me singing one day in Liverpool 13 years ago, and someone asking me a brief, innocent question.” 

Aluko mentions “one thing that drives me, that so many people think of the Civil Rights Movement starting with Martin Luther King, Malcolm X. That was an admirable thing, Robeson always paying tribute to those who came before. Maybe eventually I’ll bring them into the play, have Robeson talk about them in England at the end of his career. Instead of performing in mainstream theaters, I’d be quite happy to play in colleges and universities. I’d like to reach that audience in particular. The occasions that young people have been in the audience, they’ve invariably been touched, inspired. That filled me with a lot of hope.” 

Friday’s performance is a pay-what-you-can benefit for Mumia Abu-Jamal. “It’s just the kind of thing Robeson would have done,” said Aluko. “’Standing up for justice where overdue.’ It was suggested to me by Jack Heyman, associated with the ILWU. I was referred to Jack and Carol Heyman by an activist in Liverpool, and they put me up when I came here in April, just because of Paul Robeson.” 

Asked what perspective he seeks to give on Robeson, Aluko quoted the lines from Othello’s final speech, which serve as epigraph for Duberman’s biography: “’Soft you, a word or two before you go./I have done the state some service, and they know’t./No more of that. I pray you, in your letters,/When you shall these unhealthy deeds relate,/Speak of me as I am, nothing extenuate,/Nor set down aught in malice,” he said, adding, “Not just the state—the world.” 

In 2001, he said he started to believe that ancestors were at work around him. 

“Coming here to play Paul Robeson, to make my contribution to reviving his name, is an exchange of gifts,” Aluko said. “He was a great gift to me, one to be shared with everybody.” 

CALL MR. ROBESON 

Written and performed by Tayo Aluko. Directed by Olusola Oyeleye. Designed by Phil Newman. Piano accompaniment by Richard Thompson. 

 

5 p. m. Friday, Saturday and Sunday at the Phoenix Theatre, 414 Mason St. (sixth floor) at Geary, San Francisco. Friday’s performance is a benefit; donate what you will. Tickets for Saturday and Sunday shows are $15-20.  

(800) 838-3006. 

 

 

 

 


SUPERHEROES EN ROUTE TO CAIRO

Thursday September 04, 2008 - 09:37:00 AM

mugwumpin, the innovative physical theater troupe, is trying to take their super: anti: 

reluctant piece on super-heroes (and just plain folks) to the Cairo International Festival of Experimental Theatre, so they’re having a party with music and performance, a smorgasbord of organic food, beer, wine and liqueurs—and twistberries, a West African fruit that changes bitter and sour to sweet. 8 p.m.–midnight, Saturday, Sept. 6, at Soja Martial Arts Studio, 2406 Webster St., Oakland. $20.  

info@mugwumpin.org.


THE MYSTERIOUS DEATH (AND LIFE) OF RICHARD WRIGHT

Thursday September 04, 2008 - 09:36:00 AM

After months of fascinating staged readings at local libraries and other venues, Oakland Public Theater celebrates the centennial of great black novelist Richard Wright (Native Son, Black Boy) and its own 10th anniversary with Richard Talavera’s original play (a distillate, in part, of the readings), Before the Dream: The Mysterious Death (and Life) of Richard Wright, directed by Norman Gee, at the Noodle Factory’s new theater, 1255 26th St., corner of Union, in Oakland, off West Grand and Mandela. $20–9, sliding scale. 8 pm, Thursdays, Fridays and Saturdays; 5 p.m. Sundays through Oct. 5. Reservations: 534-9529. Opens Saturday, Sept. 6. First preview tonight (Thursday, Sept. 4), Wright’s actual centennial.


East Bay: Then and Now—Zimri Brewer Heywood: Separating Fact From Myth

By Daniella Thompson
Thursday September 04, 2008 - 09:40:00 AM
1808 Fifth St., an elegant Italianate Victorian built in 1878 for Zimri Heywood’s son Charles.
Daniella Thompson
1808 Fifth St., an elegant Italianate Victorian built in 1878 for Zimri Heywood’s son Charles.
The West Berkeley Lumber Company in the 1890s
BAHA archives
The West Berkeley Lumber Company in the 1890s
Zimri Brewer Heywood, aged 72.
Heywood family collection
Zimri Brewer Heywood, aged 72.
Captain James H. Jacobs’ lumber pier, c. 1867.
Louis L. Stein collection
Captain James H. Jacobs’ lumber pier, c. 1867.

As Planet Berkeley hurtles away from its past, the figures who dominated its early days, having accumulated a comet-like tail of stories and quasi-histories, take on the burnish of legend. Enshrined in books and articles, these stories have been repeated long enough to be taken for fact. 

But what are we to believe when the stories carry conflicting dates, names, and locations? 

Most people who are interested in Berkeley’s history will have heard the name of Zimri Brewer Heywood. He is best known as the owner of the town’s earliest lumber yard, partner of Captain James H. Jacobs in Berkeley’s first wharf, and the father of thirteen children, including two mayors and a California Assembly member. 

When did Zimri Heywood come to Berkeley? When was his business established here? Where did the Heywoods live in their first years out west? The answers to these questions are many and varied, depending on the source you choose to read. A great many of the accounts were published in the 20th century, relying on word of mouth or on other 20th-century sources. But what picture emerges when the Heywoods’ odyssey is reconstructed exclusively from 19th-century records and documents? 

Zimri Brewer Heywood was born on May 24, 1803 in Winslow, Maine. Prior to his arrival in California, he lived at times in Calais, ME, at others in St. Stephen or St. James, New Brunswick. His frequent cross-border moves had nothing to do with globetrotting. It happens that Calais and St. Stephen are practically one community, bisected by the St. Croix River, while St. James lies a mere ten miles north of St. Stephen. 

While living between Maine and New Brunswick, Zimri Heywood married four women within a span of 22 years, the first three wives dying at the age of 30, 29, and 26, in that order. The U.S. census of 1840 found Zimri in Calais, heading a large household that included two males under five (sons Franklin and Albert); three males aged 5 to 10 (sons William B., Charles, and Samuel); one female aged 15 to 20; one male aged 20 to 30; two females aged 20 to 30 (one of them his second wife, Jane Scott); three males aged 30 to 40 (including himself); and one female aged 30 to 40; 13 persons in all. 

During the 1840s, Zimri was involved in at least three lawsuits—either as plaintiff or defendant—involving property rights or debt. On July 24, 1850, the Heywood household, now reduced to nine persons, was still residing in Calais and included the fourth wife, Ann Bullock, and seven children from all four marriages. Zimri’s occupation was recorded as “millman,” his estate was worth $5,000, and his sons Charles, 18, and Samuel, 16, worked for him as laborers. 

If you’ve read any of the accounts relating how the Heywoods set out for California in September 1849, sailing around Cape Horn and arriving in San Francisco in early April 1850, you might be wondering how they accomplished this feat only to return home less than four months later. One possible answer is that Zimri went on a scouting expedition ahead of the family, in which case he couldn’t have stayed long and had to hightail it on the way back. 

It’s been claimed in several books that Zimri Heywood established his West Berkeley lumber yard in 1856. If this is the case, no record has been found to substantiate the date. The Heywoods did arrive in California some time in the 1850s, for several records exist that place them in the Bay Area by 1860. One of these is the San Francisco municipal register of 1859, listing the firm of Haywood [sic] & Harmon, California St., among the city’s lumber dealers. Zimri’s partner was Samuel H. Harmon (1826-1907), another Maine native. 

The 1860 U.S. census recorded Zimri and Ann Heywood in San Francisco with three young children and the 22-year-old Franklin. Zimri was listed as a lumber merchant with $3,000-worth of real estate, and Franklin was a clerk, presumably at Heywood & Harmon. 

Also in 1860, Zimri’s oldest living son, William Brewer Heywood (b. 1830), was a brick mason living in San Francisco with his bride of two years, Salome. Of his two full brothers, Charles Warren (b. 1831) and Samuel (b. 1833), there is no record that year. According to Past and Present of Alameda County California, Vol. II, published in 1914, Charles “engaged in the sheep business in the Napa valley for many years, driving his sheep to market from Napa to Oakland.” (The 1870 census listed Charles as a dairyman in Oakland.) Samuel reportedly made his home in the Gold Rush town of Camptonville. 

By 1863, both William and Franklin were working as clerks at Heywood & Harmon, then located at 43 Steuart St., on Pier 4. In 1866, Franklin registered to vote as a lumber dealer and William as a bookkeeper. Both lived at Polk St. between Sacramento and California Street, while their father resided at 1121 Kearny St. Two years later, William lost his wife in the Oakland Ferry Disaster of July 4, 1868. Salome was one of the holiday makers about to return to San Francisco on the ferry El Capitan after a day of festivities in Oakland. While transferring from the train to the ferry, the gangplank connecting ship to shore gave way, hurtling at least ten passengers to their death. William was left with two small sons to raise. 

Already in 1860, and perhaps earlier, before any Heywood lived in Berkeley, Zimri Heywood thought it wise to invest here. He acquired a tract of 2,900 acres in the Berkeley Hills, east of La Loma Park and about a mile north of the proposed campus of the College of California, and occupied (although did not reside in) a part of it known as the Ramsey Ranch. On September 4, 1860, Zimri executed a deed to the College president and board of trustees, granting them in perpetuity the exclusive right to collect water from the springs on his land, the amount of water not to exceed the capacity of a round pipe of three-inch bore, the balance of the water being reserved for the use of the ranch. A synopsis of the deed was duly recorded in the Journal of the California Senate and Assembly. 

In 1875, the land was partitioned among several tenants in common. Inevitably, one of these, Laura Pfeiffer, was not pleased when the institution--now the University of California--continued diverting large volumes of water from her land, and filed suit. The matter progressed through appeals all the way to the California Supreme Court, where it was found that “for three years and ten months immediately preceding the trial, the defendant so diverted and used 10,000 gallons per day, in addition to water sold by it to others, for which it received $4,804.”  

In November 1887, the Court found for Pfeiffer, holding that “the defendants, as tenants in common, could not by reservation in their deed create an easement or servitude on the common land as against their co-tenant.” It was a rare instance in which a citizen prevailed against UC. 

By 1868, Zimri Heywood had entered into his celebrated partnership with Captain James H. Jacobs (1825-1896), the Danish master mariner who operated Jacob’s Landing in Ocean View. As shown in an Alameda County map dated 1874, the two acquired ten acres of land amounting to roughly three city blocks, extending diagonally from the bay shore to midway between 4th and 5th Streets between Bristol (now Hearst) and Delaware.  

Their lumber yard and warehouses were located on the waterfront, current location of the Eastshore Freeway. 

On March 3, 1868, the California Senate and Assembly passed an Act to authorize Z.B. Heywood and J.H. Jacobs to construct a “wharf in front of their property at Jacobs’ or Ocean View Landing […] for the term of twenty years, commencing at high water mark and running into the Bay of San Francisco to deep water, provided said wharf shall in no manner interfere with the navigation of said bay, and that it shall be completed within one year from the passage of this Act; and said wharf shall not exceed in width one hundred feet.” Heywood and Jacobs were authorized, if they saw fit, to “collect such rates of toll and wharfage as may be fixed upon by the Board of Supervisors of Alameda County.” 

While Zimri remained in San Francisco, his son Samuel was the one Heywood who moved to Berkeley to run the lumber business with Jacobs. Sam lived in the Jacobs family house, where he was listed in the 1870 census. The West Berkeley Lumber Yard supplied the construction material for the first building on the University of California campus. 

But this business appears to have been a small affair compared to Zimri’s other lumber concerns. Possibly around 1872, he acquired an interest in a small sawmill in Gualala, Mendocino County. His son William was dispatched there to run it.  

Heywood, Harmon, and Captain Charles L. Dingley—the latter another Maine-born lumber magnate—incorporated the Gualala Mill Company in 1876 and built a modern, high-production mill at Mill Bend on the Gualala River. William B. Heywood managed it for several decades, and his brother Franklin eventually served as president.  

The mill employed 150 men, and the Heywoods built Gualala’s first schoolhouse, allowing local children to live in town instead of boarding elsewhere. In 1891, the company built the Gualala River Railway, which operated a 12-mile track from Bowen’s Landing to Logging Camp. The equipment comprised four freight locomotives and 32 logging cars. 

In 1873, along with four other San Francisco lumber dealers, Heywood & Harmon commissioned Isaac Hall to build a 107-ton, two-masted schooner for transporting lumber to their yards. Launched in April of that year, the vessel was named the Z.B. Heywood. Its namesake lived another six years, spending his final year in West Berkeley. 

 

This is the first in a series of articles on the Heywood family. The author is indebted to Jerry Sulliger and Jean Darnall for their many valuable contributions. 

 

Daniella Thompson publishes berkeleyheritage.com for the Berkeley Architectural Heritage Association (BAHA).


About the House: Walking on a Roof

By Matt Cantor
Thursday September 04, 2008 - 09:41:00 AM

Now, straight off, I want to say that climbing ladders and walking on roofs is not for everyone. In fact, it’s not for me. I have to do it for my job and, frankly, I hate it. Well, not all the time, but there are days when I dread it and I’ll tell you some stories of occasions that either validated my dread or exacerbated it. 

Truth be told, I’ve always been a scaredy-cat. I don’t ride a motorcycle, I’ve never jumped out of a plane and I don’t like driving on mountain roads. So much for my virility; I’m a sensitive male. Notwithstanding, I do have to do a few things in my job that make me seem pretty macho. Nobody likes crawling through crawlspaces but for me it’s no problem. 

ºApparently, I’m not particularly claustrophobic (and the wildlife is grossly overly dramatized). I have to handle wiring and open live electrical panels but, again, not a problem. I understand the danger and know how to keep myself safe. But when it comes to heights, things are not good and they’ve gotten worse with time (again, I’ll tell you more about that later). Nonetheless, I’ve been climbing ladders for many years and I continue to do so with decreasing comfort. 

Some years ago, I had an experience that, for better or worse, may have caused some increased wariness on my part. My ladder just barely reached the edge of a particular roof edge and I could not gauge the incline from the ground. I launched up the ladder, snaked myself off onto the roof and crawled up toward the ridge. Then it happened. I looked back. My heart began to pound and I was overtaken by dread. What had I done? I was now on a slightly slippery surface at a steep incline and the ladder was far behind me only just barely peeking over the edge. I was mortified and it took some time to calm myself down enough to work my way backward, which I did very slowly and with elephantine trepidation. Eventually, I worked my way back to the ladder and somehow slithered, one toe at a time, back onto the ladder. 

Ultimately, I got down, but the experience was hard to put behind me. I still feel it from time to time when the situation is similar. Vexingly, this has happened to somewhat lesser degrees in subsequent years but I have learned a few things that have decreased the effect. First, I’m getting older and my body is telling me that I don’t have the balance that I once had and should curtail some of the acrobatics I once considered de rigueur in the performance of my duties. Secondly, I’ve stopped expecting myself to do with my ladder what should rightly be performed with a longer ladder. Here’s the rule one should follow if you are foolhardy enough to climb on roofs: One should have three rungs of the ladder above the roof (some say three feet). This allows one enough grasp to be well connected to the ladder prior to placing any part of the body over the edge. 

Next, be sure to place the ladder at the proper incline. One way of gauging this is to look at the rungs. Many ladders have a flat-top rung that shows what angle the ladder should be set at. Ladders should be placed about a 75-degree angle. You should be able to place your toes at the base of the ladder and reach outward and grasp the ladder with arms fully extended. Many ladders also have an image on the edge showing the proper incline. I find that more people fail in the direction of having too much angle than not enough. Ladders are more likely to slide out at the base than to topple from above although it is clearly a bad idea to be too close to fully upright in the event that you lean or fall backward.  

If this all sounds frightening, that’s good. According to the Bureau of Labor Statistics, 11 percent of workplace injuries are due to falls (think of all the various kinds of injuries that can occur and you’ll realize what a large number that is) and one-fifth of those were through or off of roofs (falls off of ladders or scaffoldings are responsible for about one-seventh). The BLM says that in 1997 falls accounted for over 700 deaths and nearly one-third of a million injuries and, remember, these are only work-related. Total figures are surely much higher. 

Be sure that your ladder is in good shape. Keeping a bad ladder is a lousy way to save money, medical bills being what they are. If your husband keeps getting on a bad ladder, find the hacksaw (or handsaw if it’s wood) and cut it in half while he’s off playing street hockey. Just say it was an accident and you’re terribly sorry when he finds out. Be sure to smile and make him a big sandwich. 

Ladders should always be planted on a firm, level surface. I’ve often spent some serious time looking for the right place to mount a roof. Also, I usually look for the shortest ascent. If you’re house is on an incline, one side will usually have a significantly shorter climb to the roof.  

Consider the surface where you might fall. I usually opt for soil over concrete and will prefer to climb a bit higher if I can place myself over a lawn rather than a driveway. Ladders can easily slide sideways if you’re leaning left or right, so be sure to find or create a stable flat plane for the ladder to rest upon. A small block or rock may fall out in mid-ascent or, worse, when you’re getting back on the ladder from the roof (the most dangerous time in my experience).  

If you can afford leg-levelers, these are quite nice. I’ve done nicely without one but again, I spend a lot of time making sure I find a level place and I’m not afraid to “just say no” when it does not seem safe, which is, ultimately, the upside of my having scared myself half to death. 

I’d also like to say a bit about being on roofs and strategies that have worked for me over the years. First, stay away from the edge. This may sound self-evident but I’ve had more than a few folks with me on roofs who were pretty cavalier about approaching the edge of a roof. When I do need to see something really close to the edge, I get down on my butt and ease myself over to what I need to see. In short, I act as if I could fall or lose my balance at any time and try to place myself so that the worst fate I’d be likely to experience is falling ON to the roof. Don’t be macho. There is nothing to prove and ending up in a wheelchair isn’t worth trying to look brave. 

When I’m on a roof, I also try to use various fascias and pipes to hold onto. Don’t be afraid to use a gutter for balance but remember that it probably won’t hold your weight if you’re falling. I also like to place my ladder where I can use a pipe or flue to grasp if I’m unsteady. Be sure not to use an electrical mast in this way. There are often bare wires, that can shock, extending from these and it’s best to play it safe. 

Another thing I’ve learned is that a little dew is a very dangerous thing. Save the roof for the afternoon after the dew is well dried; also look out for moss and algae. Take time to test the friction of the surface and be sure to wear good rubber-soled shoes (and tie those laces!) 

I was recently on a new wooden shake roof out in Contra Costa County early in the AM and suddenly found myself skating across the surface of the roof (downhill, of course). I let my knees go and went splat onto the roof as flat as I could. I was fine but was blessed with the realization that even when a roof appears to be free of moss and rough of surface, it can hold enough surface moisture to become a “slip-and-slide.” Had I not had the presence of mind to drop, I might easily have skated off the edge, SO, if you are on a roof and you do start to slide, just let yourself fall in place. This is one more good reason to stay well away from the edge. If you need to clear gutters, stay on the ladder. 

My friend, the estimable Martin Kramer (a former JFK speech writer and frequent Peetnik) posited that my increasing skittishness on ascending ladders might be less a function of not listening to my inner voice and more a function of hearing (or my inner ear!). 

Turns out that this is a common problem. America’s Agony Aunt, Dear Abbey had a case last year of a construction worker in Vallejo, CA who was experiencing increasing anxiety with heights and at least two respondents suggested that he get his inner ear checked.  

Although little is know about the causes of most balance disorders, we do know that several exist including Benign Paroxysmal Positional Vertigo (BPPV), Labyrinthitis and Ménière’s disease. An inner ear infection can cause loss of balance and, in some cases, a course of streptomycin can clear it up. 

So to all of you who experience the willies when climbing a ladder I offer Mr. Dickens’ words offered to one man’s haunt: 

“You may be an undigested bit of beef, a blot of mustard, a crumb of cheese, a fragment of underdone potato. There’s more of gravy than of grave about you, whatever you are!” 

To my haunt, I say, There may be more infection than introspection about you! (or perhaps “more inner-ear than inner-fear”) 

Let me end by saying with no small emphasis that ladders and the conquest of roofs is not pedestrian stuff. It is best left to those who know it well and well worth the dollars to avoid. If you must do it, get yourself a good ladder, tie your shoes and take your time. I wish you good sense AND good luck. 

(*Note to self. Call Kaiser. Have cochlea checked.) 


Community Calendar

Thursday September 04, 2008 - 09:28:00 AM

THURSDAY, SEPT. 4 

Baby & Toddler Storytime at 10:15 and 11:15 a.m. at Kensington Library, 61 Arlington Ave. 524-3043.  

Three Beats for Nothing South Mostly ancient part music for fun and practice meets every Thurs. at 10 a.m. at the South Berkeley Senior Center, Ellis at Ashby. 655-8863. asiecker@sbcglobal 

Fitness Class for 55+ at 9:15 a.m. at Jewish Community Center, 1414 Walnut St. 848-0237. 

World of Plants Tours Thurs., Sat. and Sun. at 1:30 p.m. at the UC Botanical Garden, 200 Centennial Drive. Cost is $5. 643-2755. http://botanicalgarden.berkeley.edu 

Avatar Metaphysical Toastmasters Club meets at 6:45 p.m. at Spud’s Pizza, 3290 Adeline St. namaste@avatar.freetoasthost.info  

FRIDAY, SEPT. 5 

Golden Gate Audubon Society Birding Walk at Jewel Lake in Tilden with Phila Rogers. Meet at 8:30 a.m. at the parking lot at the north end of Central Park Dr. for a one-mile, two-hour plus stroll through this lush riparian area. Berries are ripening and migration is under way. 848-9156. 

Electronics Recycling Fri. and Sat. from 10 a.m. to 2 pm. at Elephant Pharm, 1607 Shattuck Ave. Accepted are large and small electronics, CFL light bulbs, batteries and crayons. 549-9200. 

Right Rights for all People A benefit for Berkeley Organizing Congregations for Action at 7 p.m. at St. John’s Presbyterian Church, 2727 College Ave. Suggested donation $15. 665-5821. 

“Not So Depleted Uranium: Uranium 238” with R. Addison at 7:30 p.m. at Berkeley Fellowship of Unitarian Universalists, 1924 Cedar at Bonita.  

Walk the Line & Connect to the Home Front Walk the line of history and the keel of a victory ship, and learn about the men and women who contributed to victory on the home front during World War II, from 11 a.m. to 12:30 p.m. followed by optional 45 min. Bay Trail stroll. Meet park ranger at memorial by main parking lot at Rosie the Riveter Memorial, Marina Bay Park, Melville and Regatta, Richmond. 232-5050. www.nps.gov/rori/ 

All Hands on Deck: Building the Ships that Kept Democracy Afloat Learn about the 747 ships built at the Kaiser shipyards and the people that built them, from 2 to 3 p.m. at Historic Shipyard No. 3, 1337 Canal Blvd., Berth 6A, Richmond. Park outside SS Red Oak Victory gate. 232-5050. Directions to shipyard 237-2933. www.ssredoakvictory.com/contact.htm 

Berkeley Women in Black weekly vigil from noon to 1 p.m. at Bancroft and Telegraph. Our focus is human rights in Palestine. 548-6310. 

Three Beats for Nothing Mostly ancient part music for fun and practice meets every Fri. at 10 a.m. at the North Berkeley Senior Center, Hearst at MLK. 655-8863. asiecker@sbcglobal 

SATURDAY, SEPT. 6 

4th Annual East Bay AIDS Walk from 9 a.m. to 1 p.m. at Lake Merritt, Bellevue and Grand. Free. info@eastbayaidswalk.org http://eastbayaidswalk.org  

GI Suicide Awareness March & Rally at 5 p.m. at Sea Breeze Cafe, Frontage Rd and University Ave., followed by a march to Berkeley Fellowship for a film showing, music and speakers. Donation $10, no one turned away. 415-565-0201 ext. 27. 

Salud! A Celebration of Latino Art, Health and Community from 10 a.m. to 2 p.m. at Women’s Cancer Resource Center, 5741 Telegraph Ave. at 58th St., Oakland. 601-4040, ext. 109. 

Mini-Farmers in Tilden A farm exploration program, from 10 to 11:30 a.m. for ages 4-6 years, accompanied by an adult. We will explore the Little Farm, care for animals, do crafts and farm chores. Wear boots and dress to get dirty! Fee is $6-$8. Registration required. 1-888-EBPARKS. 

Berkeley Path Wanderers Hayward Fault Walk with a cartographer and emergency preparedness officer from EBMUD. Meet at 10 a.m. at the playground at Codornices Park. 528-3246. 

Berkeley and Albany Historical Societies Boundary Walk at 10 a.m. Cost is $10. Reservations should be sent to Berkeley Historical Society, Walking Tours, PO Box 1190, Berkeley, CA 94701-1190. 848-0181. 

Bike Tour: Wildcat Creek Watershed An eight-mile journey from the wild to the city. Meet at 10 a.m. at El Cerrito del Norte BART. Participants should have a working bicycle. Cost is $10. RSVP by email to greyloom@hotmail.com http://cyclesofchange.org 

Solo Sierrans Emeryville Marina Sunset Walk Meet at 6:30 p.m. at the back of Chevy’s Restaurant, by picnic tables. 234-8949. 

Project WET Educator’s Academy covering aquatic ecosystems, water conservation and pollution prevention, from 9:30 a.m. to 4:30 p.m. Cost is $45-$51. Registration required. 1-888-EBPARKS. 

Nature Detectives Scat and Tracks Search for clues that mammals and birds leave behind as they make their living along the shoreline from 11 a.m. to noon at the Hayward Shoreline Interpretive Center, 4901 Breakwater Ave., Hayward. For 3-5 year olds and their caregivers. Cost is $5, registration required. 670-7270.  

Wildcat Restoration Workday Weed and mulch the restoration site along the banks of Wildcat. All ages are welcome; anyone under the age of 18 must be accompanied by a supervising adult. Meet at 9 a.m. at Church Lane and San Pablo behind City of San Pablo Maple Hall. 665-3538. www.thewatershedproject.org 

Electronics Recycling from 10 a.m. to 2 pm. at Elephant Pharm 1607 Shattuck Ave. Accepted are large and small electronics, CFL light bulbs, batteries and crayons. 549-9200. 

“Lead-Safe Painting & Remodeling” Learn to detect and remedy lead hazards in the home to prevent lead poisoning, from 10 a.m. to noon at Berkeley Public Library, South Branch, 1901 Russell St., at MLK. Taught by staff from the Alameda County Lead Poisoning Prevention Program (ACLPPP). Free. 567-8280. www.aclppp.org/homeown.htm  

Political Affairs Readers Group will discuss “New Times, New Opportunities” by Sam Webb, chair of the CPUSA at 10 a.m. at Niebyl-Proctor Library, 6501 Telegraph Ave., between Alcatraz and 66th. 595-7417. 

El Cerrito Democratic Club Special Meeting to hear from WCCUSD candidates, and East Bay Regional Park District, AC Transit, and BART district at large candidates. There will also be a presentation on the WCCUSD Parcel Tax Extension. From 1:30 to 4:30 p.m. at St. Peter CME Church, 5324 Cypress Ave., El Cerrito. 

Open House JFK University Graduate School of Professional Psychology at 6 p.m. at 2956 San Pablo Ave., 2nd flr. 649-7428. www.jfku.edu  

Free Garden Tours at Regional Parks Botanic Garden Sat. and Sun. at 2 pm. Regional Parks Botanic Garden, Tilden Park. Call to confirm. 841-8732. 

Around the World Tour of Plants at 1:30 p.m., Thurs., Sat. and Sun. at UC Botanical Garden, 200 Centennial Drive. 643-2755.  

Meditation Class at noon at 7th Heaven Yoga Studio, 2820 7th St. Free. 665-4300. 

Berkeley Lawn Bowling Club provides free instruction every Wed. and Sat. at 10:30 a.m. at 2270 Acton St. 841-2174.  

SUNDAY, SEPT. 7 

Birding for Beginners Learn the basics of birding while exploring the marsh trails, from 10 a.m. to 2 p.m. at the Hayward Shoreline Interpretive Center, 4901 Breakwater Ave., Hayward. Bring bird guides and binoculars. 670-7270.  

East Bay Tracking Club meets every first Sunday of the month in the East Bay to share tracking, survival, wilderness, nature awareness and naturalist skills Meet at 8:30 a.m. at Seabreeze Market, University Ave. and Frontage Rd. 594-9089. http://groups.yahoo.com/group/eastbaytrackers 

“Landscape Watering Systems” Learn how to conserve water with proper design and installation of drip irrigation, from 10 a.m. to 3 p.m. at Building Education Center, 812 Page St. Cost is $50. 525-7610.  

Montclair Village Jazz & Wine Festival from 11 a.m. to 6 p.m. at LaSalle Ave. and Mountain Blvd., Oakland. Festival is free, wine tasting tickets are $30-$50. www.MontclairJazzAndWine.org 

Brooks Island Boat Trip Join a guided boat trip across the Richmond Harbor to Brooks Island to explore the island’s natural and cultural history, from 10 a.m. to 3 p.m. For experienced boaters who can provide their own kayak and safety gear. Cost is $20-$22. Registration required. 1-888-EB-PARKS. 

EcoHouse Tour Tour the Ecology Center’s environmentally friendly demonstration site in Berkeley at 10 a.m. and 1 p.m. Cost is $10 sliding scale, no one refused for lack of funds. 548-2220 ext. 242. 

Key to Tree ID Learn to identify the trees in Tilden Park from 10:30 a.m. to noon at Tilden Nature Center. 525-2233. 

Pond Cycles Learn the life cycles of the insects living in our ponds, from 1:30 to 3 p.m. at Tilden Nature Center, Tilden Park. 525-2233. 

Progressive Democrats of the East Bay “Progressives Take Back Congress” with Bill Durston, challenging Rep. Dan Lungren in CD 3, and Norman Solomon, from 3 to 5 p.m. at Albatross Pub, 1822 San Pablo Ave. Cost is $25. pdeastbay@pdeastbay.org or www.pdeastbay.org 

Berkeley Rep Family Series “Ensemble Adventure” from 11 a.m. to 12:30 p.m. at Nevo Education Center, 2071 Addison St. Free, but bring a book to donate to a school library. 647-2973. 

Young Leadership Division Jewish Community Federation PicnicFest from 11 a.m. to 4 p.m. at Joaquin Miller Park, Oakland. 839-2900.  

Personal Theology Seminar with Walter Truett Anderson on “Religion Without God” at 10 a.m. at the Unitarian Universalist Church of Berkeley, 1 Lawson Rd., Kensington. 525-0302, ext. 306. 

Feldenkrais for Breast Cancer Survivors at 5 p.m. at Elephant Pharm, 1607 Shattuck Ave. 549-9200. 

Free Garden Tours at Regional Parks Botanic Garden in Tilden Park Sat. and Sun. at 2 p.m. Call to confirm. 841-8732. www.nativeplants.org 

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 

Berkeley Chess Club meets every Sun. at 7 p.m. at the Hillside School, 1581 Le Roy Ave. 843-0150. 

Tibetan Buddhism with Mark Henderson on “Tibetan: The Buddhist Language of Translation” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 809-1000. www.nyingmainstitute.com 

Sew Your Own Open Studio Come learn to use our industrial and domestic machines, or work on your own projects, from 4 to 8 p.m. at 84 Bolivar Dr., Aquatic Park. Also on Fri. from 10 a.m. to 2 p.m. Cost is $5 per hour. 644-2577. www.watersideworkshops.org 

MONDAY, SEPT. 8 

Golden Gate Audubon Society Birding Walk at Martin Luther King, Jr. Shoreline with Bob Lewis. Meet at the last parking lot at 9:30 a.m. 549-2839. www.goldeateaudubon.org 

El Cerrito Green Party with Dr. Sureya Sayadi, a scientist from Iraq, her experience being blocked from teaching or doing research in this country, at 7 p.m. at 33 Revolutions Cafe, 10086 San Pablo Av. at Central Ave. 526-0972. 

Berkeley School Volunteers Orientation from noon to 1 p.m. at 1835 Allston Way. Come learn about volunteer opportunities. Bring photo ID and two references. 644-8833. 

World Affairs/Politics Discussion Group, for people 60 years and over, meets at 9:45 a.m. at Albany Senior Center, 846 Masonic Ave, Albany. Cost is $3.  

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

Dragonboating Year round classes at the Berkeley Marina, Dock M. Meets Mon, Wed., Thurs. at 6 p.m. Sat. at 10:30 a.m. For details see www.dragonmax.org 

Free Boatbuilding Classes for Youth Mon.-Wed. from 3 to 7 p.m. at Berkeley Boathouse, 84 Bolivar Dr., Aquatic Park. Classes cover woodworking, boatbuilding, and boat repair. 644-2577. www.watersideworkshops.org 

TUESDAY, SEPT. 9 

Berkeley Sunshine Ordinance Public Comment Meeting at 7 p.m. at Lutheran Church of the Cross, 744 University Ave., 2nd flr. sanctuary. 

Tuesdays for the Birds Tranquil bird walks in local parklands, led by Bethany Facendini, from 7 to 9:30 a.m. Today we will visit Tilden Nature Area. Call for meeting place and if you need to borrow binoculars. 525-2233. 

“Butterflies of the Sticks and Suburbs” A class with Sallie Levinson, Tues., from 7 to 8:30 p.m., through Sept. 23, at Albany Adult School, 601 San Gabriel Ave. Register online at http://albany.k12.ca.us/adult 

“Shorebirds” A class with Bob Lewis Tues. at 7 p.m., through Spet. 23, at the Oakland Museum, with field trips on Sat. mornings. Cost is $70. To register call Golden Gate Audubon 843-2222. 

“Running on Empty; Managing our Cities without a State Budget” with budget officers from Berkeley, Albany and Emeryville at 12:15 p.m. in the Edith Stone Room, Albany Public Library, Masonic and Marin. Sponsored by League of Women Voters. 843-8824. office@lwvbae.org 

Test of Endurance: 50 Marathons in 50 Days with ultra-runner Dean Karnazes at 7 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

Berkeley School Volunteers Orientation from 6:30 to 7:30 p.m. at 1835 Allston Way. Come learn about volunteer opportunities. Bring photo ID and two references. 644-8833. 

Breema Center Open House Tues.-Sat. with complementary classes and bodywork sessions, at 6076 Claremont Ave., Oakland. 428-0937. 

Family Storytime at 7 p.m. at Kensington Library, 61 Arlington Ave. 524-3043.  

Tuesday Tilden Walkers Join a few slowpoke seniors at 9:30 a.m. in the parking lot near the Little Farm for an hour or two walk. 215-7672, 524-9992. 

End the Occupation Vigil every Tues. at noon at Oakland Federal Bldg., 1301 Clay St. www.epicalc.org 

Street Level Cycles Community Bike Program Come use our tools as well as receive help with performing repairs free of charge. Youth classes available. Tues., Thurs., and Sat. from 2 to 6 p.m. at at 84 Bolivar Dr., Aquatic Park. 644-2577. www.watersideworkshops.org 

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

Berkeley Camera Club meets at 7:30 p.m., at the Northbrae Community Church, 941 The Alameda. Share your digital images, slides and prints and learn what other photographers are doing. Monthly field trips. 548-3991. www.berkeleycameraclub.org 

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

Sing-A-Long Group from 2 to 3 p.m. at the Albany Senior Center, 846 Masonic Ave., Albany. 524-9122. 

Yarn Wranglers Come knit and crochet at 6:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

WEDNESDAY, SEPT. 10 

Healthy Aging Fair Information on services and resources for older adults in Alameda County, from 10 a.m. to 2:30 p.m. at Centennial Hall, 22292 Foothill Blvd., Hayward. Bus transportation available from some senior centers. Shuttle service from Hayward BART. 577-3532, 577-3540. 

Retirement Community Options for Seniors A panel discussion at 1:15 p.m. at the North Berkeley Senior Center, 1901 Hearst Ave.  

“Be the Change” A documentary from the Living Lightly Project, at 7:30 p.m. at Humanist Hall, 390 27th St., Oakland. Donation $5. www.Humanist Hall.org 

Cohousing Slide Show with Kathyrn McCamant from Cohousing Partners at 7 p.m. at McCamant & Durrett Architects, 1250 Addison St., Suite 113. RSVP to 530-478-1970, info@cohousingpartners.com 

“Lead-Safety for Remodeling, Repair and Painting of Older Homes” A HUD and EPA approved one-day course for remodelers, renovators, painters and maintenance workers, from 8 a.m. to 5 p.m. at Alameda County Lead Poisoning Prevention Program Main Office, 2000 Embarcadero, #300, Oakland. Free to owners, and their employed maintenance crews, of residential properties built before 1978 in Alameda, Berkeley, Emeryville or Oakland. 567-8280. www.aclppp.org 

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. 548-9840. 

Theraputic Recreation at the Berkeley Warm Pool, Wed. at 3:30 p.m. and Sat. at 10 a.m. at the Berkeley Warm Pool, 2245 Milvia St. Cost is $4-$5. Bring a towel. 632-9369. 

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 

Spanish Conversation Classes Wed. and Thurs. at 9:30 a.m. at the North Berkeley Senior Center, 1901 Hearst St. 981-5190. 

Teen Chess Club from 3:30 to 5:30 p.m. at the North Branch Library, 1170 The Alameda at Hopkins. 981-6133. 

Morning Meditation Every Mon., Wed., and Fri. at 7:45 a.m. at Rudramandir, 830 Bancroft Way at 6th. 486-8700. 

Berkeley CopWatch Drop-in office hours from 6 to 8 p.m. at 2022 Blake St. 548-0425. 

Stitch ‘n Bitch at 6:30 p.m. at Caffe Trieste, 2500 San Pablo Ave., at Dwight. 548-5198.  

 

 

 

 

 

 

 

 

 

THURSDAY, SEPT. 11 

Walkers 55+ Explore Albany History Join Karen Sorensen, co-author of the recent “Images of America: Albany” on an easy, level walk discussing early days. Meet at 10 a.m. at the Albany Senior Center, 846 Masonic. Free, but registration required. 524-9283.  

“Birding By Ear” A Thurs. eve. class at 7 p.m. at Albany Adult School, 601 San Gabriel Avenue, Albany, through Oct. 2, with Sat. a.m. field trips. Register on-line at http://albany.k12.ca.us/adult 

East Bay Science Cafe “Battle Water versus Tap Water” with Kishore Hari at 7 p.m. at La Peña. 849-2568. www.lapena.org 

“Disaster Preparedness” Philip Machel, Red Cross volunteer, will give a talk on how you and your loved ones can prepare to be safe during all types of disasters, at 7 p.m. at El Cerrito Library, 6510 Stockton Ave., El Cerrito. 526-7512. 

Learning For Life Education Fair Learn about the opportunities for lifelong learning at 4 p.m. at Barbary Lane at Lake Merritt, 1800 Madison St., Oakland. RSVP to 903-3600. 

East Bay Mac Users Group meets to discuss the iPhone and MobileMe at 7 p.m. at Expression College for Digital Arts, 6601 Shellmound St., Emeryville. http://ebmug.org 

Introduction to Golf Learn pre-shot and full-swing fundamentals, and become familiar with terminology/equipment at 5:30 p.m. at Tilden Golf Course. Golf balls and loaner clubs are provided. Cost is $50-$56, but participants receive a range and class discount card. Registration required 1-888-EBPARKS. 

Improv Acting Classes Learn to create characters, scenes and stories spontaneously. No experience required. Meets every Thurs. at 6:45 p.m. at YWCA, 2600 Bancroft Way. Cost is $10. BerkeleyImprov.com 

19th Century Dancing Learn boisterous Scottish dance and elegant English dances a la Jane Austen, ongoing Thurs. at 8:15 p.m. at YWCA, 2600 Bancroft Way. Cost is $10. BerkeleyImprov.com 

Toastmasters Berkeley Communicators meeets at 7:30 a.m. at Au Coquelet, 2000 University Ave. Rob.Flammia@gmail.com. 

Three Beats for Nothing South Mostly ancient part music for fun and practice meets every Thurs. at 10 a.m. at the South Berkeley Senior Center, Ellis at Ashby. 655-8863. asiecker@sbcglobal 

Fitness Class for 55+ at 9:15 a.m. at Jewish Community Center, 1414 Walnut St. 848-0237. 

World of Plants Tours Thurs., Sat. and Sun. at 1:30 p.m. at the UC Botanical Garden, 200 Centennial Drive. Cost is $5. 643-2755. http://botanicalgarden.berkeley.edu 

FRIDAY, SEPT. 12 

City Commons Club Noon Luncheon with David S. Hill on “So, You Really Want to be Secretary of State!” Luncheon at 11:45 a.m. for $14.50, speech at 12:30 p.m., at the Berkeley City Club, 2315 Durant St. For information and reservations call 524-7468. www.citycommonsclub.org  

Stockton Avenue Art Stroll, from 6 to 8 p.m. at the El Cerrito Open House Senior Center, 6500 Stockton Ave., El Cerrito. 559-7677. 

Dialogue with Mooji a teacher in the tradition of inquiry of Ramana Maharshi at 7 p.m. at 2286 Cedar St. By donation. 495-7511. www.eastbayopencircle.org  

Walk the Line & Connect to the Home Front Walk the line of history and the keel of a victory ship, and learn about the men and women who contributed to victory on the home front during World War II, from 11 a.m. to 12:30 p.m. followed by optional 45 min. Bay Trail stroll. Meet park ranger at memorial by main parking lot at Rosie the Riveter Memorial, Marina Bay Park, Melville and Regatta, Richmond. 232-5050. www.nps.gov/rori/ 

All Hands on Deck: Building the Ships that Kept Democracy Afloat Learn about the 747 ships built at the Kaiser shipyards and the people that built them, from 2 to 3 p.m. at Historic Shipyard No. 3, 1337 Canal Blvd., Berth 6A, Richmond. Park outside SS Red Oak Victory gate. 232-5050. Directions to shipyard 237-2933. www.ssredoakvictory.com/contact.htm 

Womansong Circle Participatory Singing for women at 7:15 p.m. at First Congregational Church of Berkeley, small assembly room, 2345 Channing Way, at Dana. Suggested donation $15-$20. 525-7082. 

Berkeley Women in Black weekly vigil from noon to 1 p.m. at Bancroft and Telegraph. Our focus is human rights in Palestine. 548-6310. 

Three Beats for Nothing Mostly ancient part music for fun and practice meets every Fri. at 10 a.m. at the North Berkeley Senior Center, Hearst at MLK. 655-8863. asiecker@sbcglobal 

SATURDAY, SEPT. 13 

People’s Park Annual Celebration at 1 p.m. at People’s Park with a rally, concert and workshops on global warming, foreclosures, and MacDonald’s firing of disabled and older workers. peoplesparkcommunity@yahoogroups.com 

String Band Contest and Crafts Fair with 20 old-time string bands competing from 10 a.m. to 4 p.m. at Berkeley Farmers’ Market, Center St. at MLK, Jr. Way. 548-3333. www.ecologycenter.org 

9th Annual Pow Wow with Medicine Warriors Dance Troupe and All Nations Singers from 11 a.m. to 7 p.m., Grand Entry at noon at Clinton Park, International Boulevard between 6th & 7th Aves.,Oakland. 

“Create for Change” A community music and arts festival to support Barack Obama, Move On and Rock the Vote from 2 to 6 p.m. at Northbrae Community Church, 941 The Alameda. $20-$100 donations requested. www.createforchange.org 

People’s Grocery Annual Brunch Fundraiser “Harvesting Justice 2008” Brunch made with organic produce grown in our gardens and farm, featuring entertainment and a short presentation about People’s Grocery at 10:30 a.m. at Scottish Rite Center, 1547 Lakeside Drive, Oakland. Sign-up on-line, seats are limited. 652-7607. www.peoplesgrocery.org 

NAACP Berkeley Branch meets at 1 p.m. at 2108 Russell St. There will be a report on the 99th NAACP convention held in Cincinnati, Ohio, and branch election of the Nominating Committee. All are welcome. 845-7416. 

Oakland Eastbay NOW and Physicians for Reproductive Choice & Health present a perspective on Ballot Proposition 4 at 2 p.m. at the Rockridge Library, 5366 College Ave. Speakers include Pratima Gupta, physician at Kaiser Hospital, Libbey Bennet, Asst. Dir., PRCH, and Destiny Lopez, Ex. Dir. ACESSES/ Womens Rights Coaliton. 

El Cerrito City Hall Grand Opening Celebration from 10:30 a.m. to 2 p.m. at 10890 San Pablo Ave., El Cerrito. 215-4318. 

Natural History and Science Educator’s Academy Learn how to liven up your lessons with crafts, songs, and stories, Sat. and Sun. from 10 a.m. to 2:30 p.m. For pre-school to 3rd grade teachers. Cost is $50. Registration required. 525-2233. 

Reptile Rendevous Learn about the reptiles that live in Tilden Park, from 2 to 3 p.m. at Tilden Nature Center. 525-2233. 

Marsh-kateers! An adventure hike for 6-8 year olds and their caregivers to investigate storm drains and urban run-off pollutionn, and what you and your family can do to prevent it, from 11 a.m. to 12:30 p.m. at the Hayward Shoreline Interpretive Center, 4901 Breakwater Ave., Hayward. Cost is $6, registration required. 670-7270.  

Crossword Puzzle Tournament from 10:30 a.m. to 3 p.m. at Alameda High School, Cafeteria, 2201 Encinal Ave., Alameda. Benefits the California Dictionary Project. 681-9675. www.bayareacrosswords.org 

The East Bay Chapter of The Great War Society with Dana Lombardy on “The Future of the Society and Growth Potential” at 10 a.m. at Albany Public Library, 1247 Marin Ave. in Albany. 527-7118. 

“Pornography of Power” with Robert Scheer at 7 p.m. at Alameda Free Library, Conf. Room A, 1550 Oak St., Alameda. Sponsored by Alameda Public Affairs Forum and Books Inc. Donations at the door. alamedapublicaffairs@comcast.net 

“ZiZek” A film and discussion about the “wild man of theory” who describes himself as a Marxist"and a Communist at 7 p.m. at The Institute for the Critical Study of Society, at 6501 Telegraph Ave., Oakland. 595-7417. 

Baby & Toddler Storytime at 10:15 and 11:15 a.m. at Kensington Library, 61 Arlington Ave. 524-3043.  

Walk the Line & Connect to the Home Front Walk the line of history and the keel of a victory ship, and learn about the men and women who contributed to victory on the home front during World War II, from 11 a.m. to 12:30 p.m. followed by optional 45 min. Bay Trail stroll. Meet park ranger at memorial by main parking lot at Rosie the Riveter Memorial, Marina Bay Park, Melville and Regatta, Richmond. 232-5050. www.nps.gov/rori/ 

All Hands on Deck: Building the Ships that Kept Democracy Afloat Learn about the 747 ships built at the Kaiser shipyards and the people that built them, from 2 to 3 p.m. at Historic Shipyard No. 3, 1337 Canal Blvd., Berth 6A, Richmond. Park outside SS Red Oak Victory gate. 232-5050. Directions to shipyard 237-2933. www.ssredoakvictory.com/contact.htm 

Buddhist Healing Ceremony Dungse Rigzin Dorje Rinpoche will conduct the Healing Chod Sat. and Sun. from 1 to 5 p.m. at Rudramandir, 830 Bancroft Way. Bring a blanket to lie on and food or drink for offering on Sun. Donation $195 for the Zandokpalri temple in India. 323-2651. 

“Beyond Health: Never Be Sick Again” with Raymond Francis at 2:30 p.m. at Elephant Pharm, 1607 Shattuck Ave. 549-9200. 

Guinea-Piggy-Thon Everything you want to know about adopting a guinea pig or bonding your lonely pet with a new friend, caring for your guinea pig, and making gourmet salads for your new herbivore from 2 to 5 p.m. at RabbitEARS, 377 Colusa Ave., Kensington. 525-6155. www.rabbitears.org 

Meditation Class at noon at 7th Heaven Yoga Studio, 2820 7th St. Free. 665-4300. 

Free Garden Tours at Regional Parks Botanic Garden Sat. and Sun. at 2 pm. Regional Parks Botanic Garden, Tilden Park. Call to confirm. 841-8732. www.nativeplants.org 

Around the World Tour of Plants at 1:30 p.m., Thurs., Sat. and Sun. at UC Botanical Garden, 200 Centennial Drive. 643-2755. http://botanicalgarden.berkeley.edu 

The Berkeley Lawn Bowling Club provides free instruction every Wed. and Sat. at 10:30 a.m. at 2270 Acton St. 841-2174.  

Oakland Artisans Marketplace Sat. from 11 a.m. to 6 p.m. and Sun. from 10 a.m. to 4 p.m. at Jack London Square. 238-4948. 

Car Wash Benefit for Options Recovery Services of Berkeley, held every Sat. from 9 a.m. to 2 p.m. at the Lutheran Church, 1744 University Ave. 666-9552. 

SUNDAY, SEPT. 14 

34th annual Solano Stroll “Stroll for Health” with community information booths, food and entertainment, from 10 a.m. to 6 p.m. along Solano Ave. in Berkeley and Albany. www.solanoave.org 

Friends of the Alameda Wildlife Refuge Workday Help prepare habitat for California Least Terns Meet at the main refuge gate at the northwest corner of former Alameda Naval Air Station at 9 a.m. For more information or for directions email jrobinson@goldengateaudubon.org 

Inroduction to Fly-Fishing Learn casting at Lake Anza followed by classroom insturuction on knots, fly selection, reading the water, and more. From 7 a.m. to 1 p.m. in Tilden Park. Cost is $60-$66. Registration required. 1-888-EBPARKS. 

Personal Theology Seminar with Huston Smith and Walter Truett Anderson at 10 a.m. at the Unitarian Universalist Church of Berkeley, 1 Lawson Rd., Kensington. 525-0302, ext. 306. 

Free Hands-on Bicycle Clinic Learn how to do a safety inspection, from 10 to 11 a.m. at REI, 1338 San Pablo Ave. Bring your bike and tools. 527-4140. 

Feldenkrais for Breast Cancer Survivors at 5 p.m. at Elephant Pharm, 1607 Shattuck Ave. 549-9200. 

Free Garden Tours at Regional Parks Botanic Garden in Tilden Park Sat. and Sun. at 2 p.m. Call to confirm. 841-8732. www.nativeplants.org 

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 

Berkeley Chess Club meets every Sun. at 7 p.m. at the Hillside School, 1581 Le Roy Ave. 843-0150. 

Tibetan Buddhism with Bob Byrne on “Glimpse of Wisdom” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 809-1000. www.nyingmainstitute.com 

Sew Your Own Open Studio Come learn to use our industrial and domestic machines, or work on your own projects, from 4 to 8 p.m. at 84 Bolivar Dr., Aquatic Park. Also on Fri. from 10 a.m. to 2 p.m. Cost is $5 per hour. 644-2577. www.watersideworkshops.org 

CITY MEETINGS 

Community Environmental Advisory Commission meets Thurs., Sept. 4, at 7 p.m., at 2118 Milvia St. Nabil Al-Hadithy, 981-7461.  

Housing Advisory Commission meets Thurs., Sept. 4, at 7 p.m., at the South Berkeley Senior Center. Oscar Sung, 981-5400.  

Landmarks Preservation Commission meets Thurs., Sept. 4, at 7 p.m., at the North Berkeley Senior Center. 981-7419.  

Council Agenda Committee meets Mon. Sept. 8, at 2:30 p.m., at 2180 Milvia St. 981-6900. www.ci.berkeley.ca.us/ 

citycouncil/agenda-committee 

Peace and Justice Commission meets Mon., Sept. 8, at 7 p.m., at the North Berkeley Senior Center. 981-5510.  

Youth Commission meets Mon., Sept. 8, at 6:30 p.m., at City Council Chambers, Old City Hall. 981-6670. 

Commission on Disability meets Wed., Sept. 10, at 6:30 p.m. at the North Berkeley Senior Center. 981-6346. TDD: 981-6345.  

Homeless Commission meets Wed., Sept. 10, at 7 p.m., at the North Berkeley Senior Center. 981-5426. 

Planning Commission meets Wed., Sept. 10, at 7 p.m., at the North Berkeley Senior Center. 981-7484.  

Police Review Commission meets Wed., Sept. 10, at the South Berkeley Senior Center. 981-4950.  

Waterfront Commission meets Wed., Sept. 10, at 7 p.m., at 201 University Ave. 981-6740.  

Commission on Early Childhood Education meets Thurs., Sept. 11, at 7 p.m., at the North Berkeley Senior Center. 981-5428. 

Community Health Commission meets Thurs., Sept. 11, at 6:45 p.m., at the North Berkeley Senior Center. 981-5356.  

West Berkeley Project Area Commission meets Thurs., Sept. 11, at 7 p.m., at the West Berkeley Senior Center. 981-7520. 

Zoning Adjustments Board meets Thurs., Sept. 11, at 7 p.m., in City Council Chambers. 981-7410.