As a local movement to censure U.S. Sen. Diane Feinstein for supporting Michael Mukasey’s nomination for U.S. Attorney General began, more than 200 students gathered in front of UC Berkeley’s Sproul Plaza Wednes-day to witness a waterboarding demonstration. 

The noontime rally, organized by World Can’t Wait and local activists, was staged to protest the appointment of Judge Mukasey, who has dodged questions of whether waterboarding could be considered torture. 

During his confirmation hearing, Mukasey refused to take a stand against the act, stating, “If it [waterboarding] amounts to torture, it is not constitutional,” and “hypotheticals are different from real life, and in my legal opinion the actual facts and circumstances are critical.” 

Mal Burnstein, California Democratic Party Progressive Caucus co-chair, wrote the resolution to censure Sen. Feinstein and is circulating it at party meetings. 

“She is supporting a man who refused to renounce the right of the president to resort to torture and who refused to recognize waterboarding as a form of torture,” Burnstein said.  

“She has not supported the principles of the Democratic Party for years. She voted for the war in Iraq and voted to confirm Judge Leslie Southwick for a seat on the U.S. Court of Appeals for the Fifth Circuit despite his clear record of racism and gender discrimination.” 

The resolution, unanimously endorsed by the East Bay for Democracy Democratic Club, will be sent to the Democratic Party Executive Board this weekend as it meets in Anaheim. MoveOn.org announced Thursday that it was also supporting the resolution to censure Feinstein. 

At the rally Wednesday, Joe Tugas, an Iraq War veteran, was taken up on the Sproul stage, hooded and handcuffed and placed on a waterboard. Volunteers dressed in army fatigues covered his face with a towel and poured several gallons of water on it. 

“Stop it, Stop it” cried out several students from the crowd, as the water continued to fall. 

Rising from the wooden board wearing an orange jumpsuit, Tugas described the incident as one of the scariest experiences of his life. 

“We did this to make a point about the torture that’s being carried out,” said Giovanni Jackson from World Can’t Wait. “The students really got a sense of what torture really is. It’s important that they take a stand against war, torture and the whole direction our government is going for ... especially since this university has a professor, John Yoo , who is responsible for writing the country’s torture policy.” 

Curious students flocked to the scene and asked questions about waterboarding. 

Organizers informed them that Tugas had been wearing a protective mask at the time of the demonstration, to prevent the water from entering his lungs. 

“I think that the debate about waterboarding is misleading,” said Troy Sanders, a second-year UC Berkeley Peace and Justice student. “Anytime you waterboard you threaten someone’s life. Our bipartisan system has put a very bad regime in place. As far as I know, no studies have shown that torture actually works. People just give you information that you want to hear.” 

The $500 million pact between UC Berkeley and one of the world’s largest oil companies went into effect Wednesday, though research covered by the contract started months ago. 

The grant may be the largest single corporate funding of academic research in history. 

BP will fund both academic and corporate researchers at UC Berkeley, Lawrence Berkeley National Laboratory (LBNL) and the University of Illinois at Urbana-Champaign. 

While the last signature was gathered only this week, actual work began perhaps as early as in June. Funded by the British oil company, UC Berkeley has already sent researchers to Africa and India in search of crops and places to plant them. 

UC Regents voted in March to build a new research facility to house the Energy Biosciences Institute (EBI), BP’s chosen name for the project that university officials described as “the first public-private institution of this scale in the world.” 

But the final sign-offs on the research project took eight more months to win, including the clearances of campus, the University of California, corporate and governmental officials. 

The agreement officially runs from July 1, 2007 through June 30, 2017 unless Berkeley and its partners chose to end it earlier because they determine “continued association with EBI was not in accord with its fundamental principles.” 

The university can also opt out if there is a change of control at BP. And BP can withdraw at any time after July 1, 2010, if the company determines the project is no longer technically or commercially viable. 

The agreement will provide “at least” $35 million a year for open research at the public institutions, with initial funding of $17 million through Dec. 31. Funding of $10 million is due within 30 days of the signing. 

Initially, research will be conducted in Calvin and Hildebrand halls on the UC Berkeley campus, moving to the specially-created Helios Building at LBNL when it opens in 2010. 

BP will lease space for its own proprietary, controlled-access research lab, to be housed initially in the third floor of Calvin Hall, a building earmarked for demolition to make way for the university’s Southeast Campus Integrated Projects. 

The oil company will pay an annual rent of $101,322, with a provision for a 5 percent annual increase. 

The project will involve a wide range of academic disciplines, and program officials have already solicited and received proposals from faculty at both universities and the lab. 

Proposals in 

According to a statement by the university released Wednesday, the initial call for preproposals produced more than 250 responses from the three institutions. 

“About 85 preproposals were subsequently invited to submit a full proposal, and they are currently being evaluated. Awards are expected to be announced this fall, and another round of proposals will be solicited in spring 2008,” according to university spokesperson Robert Sanders. 

“We are very pleased that the institute’s journey to develop new, cleaner sources of energy has begun,” Somerville said in a prepared statement. “Our mission is to harness the potential of bioenergy, to make discoveries and to help them become commercially viable so they can benefit the world. The institute will also examine the social, economic and environmental implications of using cellulosic biofuels to meet a significant proportion of the earth’s energy needs.” 

Cellulosic fuels are derived from plant fiber, rather than the more easily recovered sugars harvested from the crops like soybeans and corn for production of ethanol. 

EBI will also look into engineering microbes to create new fuels from coal and to recover oil from depleted wells, according to the grant proposal. Another phase of the program will look at discovering new ways to capture and sequester CO2 from the atmosphere.  

While the university has portrayed EBI as a program designed to make the United State independent by using marginal croplands to grow non-food plants for fuel, BP Chief Scientist Steve Koonin told the USEA that the company’s goal is a program that creates crops focused on tropical climates, though research will also develop plants for all climate zones. 

A nuclear physicist, Koonin spearheaded the process that led to the choice of Berkeley among five company-selected candidates. He is currently on leave from his post as provost and intellectual property manager for the California Institute of Technology. 

BP is the company known for decades as British Petroleum. 

The master agreement and other documents are available on the university’s Internet site at www.berkeley.edu/news/ media/releases/2007/11/14_ebisigning. 

shtml  

Critics of BP and its role on campus have charged that the company’s plans to use genetically modified plants and microbes threaten Third World countries, which are least able to resist the intrusions of multinational corporations. 

Control questions 

John Simpson of the Foundation for Taxpayer and Consumer Rights (FTCR) said he was particularly concerned because the contract gives BP more control of the EBI and research than envisioned in the original proposal. 

In its original and winning proposal, Berkeley proposed creating a governance board that would give three seats to representatives of public institutions and two to the oil company. But the final contract gives four seats to each, leading to potential ties. 

“BP can thwart any action they wish,” said Simpson. “And given the despicable record of BP, which killed 15 of its workers in Texas and spilled oil all over Alaska because of unreasonable cost cutting, why should we believe the oil giant would act in good faith? They have demonstrated time and again that they act only in their own narrow interest.”  

The board can hire and fire the EBI’s director and deputy director, but it can only vote up or down on the entire slate of research projects proposed by EBI’s executive committee. 

The executive committee is composed of nine members, with eight from the public bodies. The chair is Somerville, with UIUC’s Steve Long as deputy director. BP has one representative on the nine-member committee, Paul Willems, BP Technology’s Vice President of Energy Biosciences. 

The public institutions have agreed to grant BP a non-exclusive, royalty-free license to patent rights, and up to 180 days, if needed, to negotiate for exclusive rights on an invention developed by public researchers or in public/BP collaborations. The company can also negotiate for a time-limited option period of up to a year (with additional extensions possible). 

Before public researchers are allowed to copyright, publish or otherwise disseminate their findings, they must be submitted first to BP at least 30 days before release to allow the company to see if any of BP’s proprietary information has been included and to see if BP wants the researcher to file a patent application—which would add up to another 60 days before publication. 

For exclusive rights to non-proprietary research patents BP opts to exploit, the agreement caps basic payments at a maximum of $100,000 a year, though larger amounts could be negotiated. If other patents are determined to be “substantially similar,” they would also be licensed at no additional cost to the company.  

The company also retains the option to license software created under the agreement. In biotechnology, computer programs play an increasing role in project development and can also be expected to play critical roles in the operation of any plants or factories exploiting the technology developed by EBI. 

BP also receives royalty free rights—if possible—to use any “background inventions” or software created by public researchers and used to create new inventions under the EBI research agenda, with per-patent payments capped at $20,000 for one invention or $50,000 for multiple inventions needed to develop a product. 

Asked for a comment on the announcement of the signing, UC Berkeley Microbiologist Ignacio Chapela responded, “Very little else to note for the moment. Perhaps only to note the genius of whoever named the file of the agreement signed: it is called ‘Final Execution’.” 

The title refers to the document posted on the university’s website. 

Lab EIR 

Members of the public will be able to review plans for the Helios Building and a second structure being planned at LBNL during the Dec. 12 meeting of the city Planning Commission. 

LBNL officials will make a presentation from the draft environmental impact reports on the two buildings during the meeting, which begins at 7 p.m. in the North Berkeley Senior Center, 1901 Hearst Ave.

The only sound along the deserted shoreline at the Berk-eley Marina Wednesday was the clattering of pebbles inside Carole Rathfon’s double-layered plastic bag. 

Rathfon, like hundreds of trained volunteers from all across the East Bay, had been out since 10 a.m. cleaning the oil that had tarnished the bay and its wildlife after the Cosco Busan crashed into a Bay Bridge tower and spilled 58,000 gallons of bunker fuel last week. 

Some state and city officials compared the lack of emergency response to the Katrina disaster. Berkeley City Manager Phil Kamlarz said Berkeley had been one of the first cities to respond to the spills. 

“The Coast Guard was saying not to let anyone that didn’t have HazMat training go out, and that they would be sending their own staff,” Kamlarz said Thursday. “But we didn’t wait for them. We had our own trained folks and we sent them out Friday. I am really proud of the way the city reached out and coordinated with the Oiled Wildlife Care Network and carried out clean-up efforts.” 

Capt. William Uberti, the Coast Guard disaster commander responsible for the spill’s initial response, was replaced by Capt. Paul Gugg Thursday after the agency admitted that it had mishandled drug tests of the ship’s crew. 

Although Kamlarz declared a seven-day local emergency on Thursday, he lifted the city’s six-day ban on boat traffic at the Marina, but warned that the situation could change at any minute.  

Boat owners have been prohibited from washing their boats in the bay. 

Kamlarz also banned off-leash dogs in the Marina, Aquatic Park and all waterfront and shoreline areas of the city except Cesar Chavez Park. 

Assemblywoman Loni Hancock, chair of the Assembly Committee on Natural Resources, the principal committee of jurisdiction for issues related to the state’s response to oil spills, expressed concern about the significant delays and lack of communication between responsible agencies and local governments at an emergency oversight hearing in Emeryville Thursday. 

“This oil spill is a wake-up call for the Bay Area,” she said. “For a spill of relatively small size it has quickly spread out of control, impacting not only the waters and wildlife of the bay, but also the Pacific Ocean and our coastal beaches. It is imperative that the committee hold this hearing to evaluate how we can strengthen the state’s role in ensuring that this never happens again, and, if it does, we are more effective in our response.” 

William Rogers, the Berkeley’s Parks Recreation and Waterfront interim director, said the Coast Guard, the Department of Fish and Game and the EPA had declared the beach in front of Shorebird Park one of the worst impacted areas. 

“Hopefully, another team will be down soon to make a full assessment and send cleanup crews,” he said. 

Trained staff from the Oiled Wildlife Care Network have set up a trailer near the harbormaster’s office where hundreds of oiled birds are being brought every day to be transported to the San Francisco Bay Oiled Wildlife Care and Education Center in Cordelia. 

City employees and volunteers dropped by at the trailer by the hour to report sightings of sick or dead birds Wednesday. 

“Who do I report an oily but chirpy bird at the F dock, slip 12 to?” asked a marina dockhand excitedly. 

“It’s getting to a point that the birds are eating and digesting the oil and not surviving,” said Kent Carpenter from the city’s parks and recreation department. “We are focusing on partially oiled birds for survival right now ... It’s tough because they keep fleeing to the small islands when people try to catch them. Sometimes sea lions get the oil in their mucous membrane, but they tend to survive.” 

Many volunteers were disappointed at being turned away while others expressed anger at the Coast Guard’s slow response. 

“While we wait for the government to get their act together, there will just be that many more things getting fouled,” said Steve Rathfon, Carole’s husband. 

“The progress in getting these bureaucratic agencies moving along continues to be slow, as people keep pointing fingers at each other. The Coast Guard says ‘we responded quickly’ but it seems to me that things could have been done faster. How could they have missed the amount of fuel getting into the water?” 

The U.S. Coast Guard incorrectly estimated the spill at 140 gallons at the time of the accident and did not inform Bay Area authorities about the correct figure until later in the day. 

As the elderly couple from Oakland painstakingly picked up one soiled pebble at a time in the afternoon sun, an oily sheen was visible along the shoreline. 

“Bunker oil is the worst of it all,” Carole Rathfon said, pointing to the tar-like substance sticking to the rocks on the shore. “During the HAZMAT training we were told that there’s all kind of carcinogens in it ... It’s basically sludge. If they had put booms around the spills earlier then it wouldn’t have spread to the shores.” 

Rogers said the city was deploying its volunteers to clean up beaches all over the Bay Area.  

“They are going as far north as Pt. Richmond and as far south as Radio Beach,” he said. “I think the thing that’s wonderful is that the volunteers were mobilized immediately.” 

Down at the Nature Center—transformed into a triage station—a flurry of activities kept volunteers busy. 

Berkeley resident Lydia Greenspan, 80, was registering volunteers while Suzanne Conrad from Albany stacked burlap bags, towels, brown paper bags and pink flags to identify oiled birds. 

“I love the bay and the birds in it,” Lydia said from her wheelchair. “And I had to get down here to help.” 

Denise Brown, the city’s volunteer coordinator, said that “runners”—drivers to carry the birds from the marina trailer to the Cordelia bird rescue center—were in demand. 

“The city will be doing another training for cleaning beaches at the West Berkeley Senior Center at 8 a.m. Saturday,” she said. “We need unflavored electrolyte powder, fluid or drinks, pillowcases, bottled water, towels, flashlights with AA batteries, masking tape, felt-tip markers and heating pads to keep birds warm and dry before they are transported ... Any little thing would help.” 

Photograph by Riya Bhattacharjee. 

Dressed in HazMat gear, Oakland resident Carole Rathfon picks up soiled pebbles from the Berkeley Marina shoreline Wednesday with her husband Steve.  

Richmond residents expressed concern this week at the failure of state and federal officials to rescue oiled birds from the Rich-mond shoreline. 

Angry letters and emails poured into community e-forums as city officials tried to assure residents that they were working to address the problems. 

Lisa Owens Viani, a Richmond resident, said that she had spotted only a couple of trained officials on the shoreline between Pt. Isabel and Pt. Richmond last week. 

“Why is Richmond always left for last?” her email to Council-member Tom Butt’s e-forum  

on Tuesday questioned. “There was one guy from the Oil  

Spill Response network and a Contra Costa HazMat team member who helped us with equipment. They told us they weren’t allowed to buy a boat, otherwise they would have been able to put in a deep water boom. With those exceptions, there has been no Coast Guard, no one cleaning the shore except us ... Can you get us some real help, not just guys who stand around in uniform, shooting the breeze?” 

The city, which has no jurisdiction or resources to address oil spill cleanup or rescue birds, has participated in the incident command center and monitored the shoreline. 

Pt. Richmond was included among the beaches closed to residents by regional authorities. 

Community members complained to Richmond Mayor Gayle McLaughlin that volunteers were being turned away from the shoreline, but no alternatives were provided by state and federal authorities to rescue the birds. 

“In response to why there are no booms in Marina Bay or Pt. Richmond, the Fish and Game biologist said more than once that they have to make a ‘Sophie’s Choice’ about which areas to protect, and clearly Richmond was not a priority for them,” said Richmond homeowner Tonni Hanna in her e-mail to the mayor. “This does not seem to have to do with a lack of funds, since the governor has allocated unlimited funds to the clean up, but rather a lack of preparedness.” 

McLaughlin issued a letter this week urging residents to show up at her office on Friday to discuss the creation of a Richmond Shoreline Defense Corps. 

According to the letter, the meeting would be an opportunity to re-group and address volunteer clean up efforts and prepare for future potential environmental disasters. 

The meeting will take place at the mayor’s office, 1401 Marina Way South, Richmond, today (Friday) at 10 a.m. 

Richmond residents can call the State Office of Emergency Services at 1-800-852-7550 to report oil slicks. 

To report oiled or sick birds, call 877-823-6926, 707-207-0380, or 415-453-1000.

The question of who will implement the East Bay Smart Solar Program, funded by the Depart-ment of Energy with matching city money, brings to the fore the question of how government engages nonprofits and other organizations—for better or worse—to do work it cannot or will not do. 

For example, the Community Energy Services Corporation (CESC), a nonprofit that was to have played a prominent role in the Smart Solar project, according to the original February 2007 grant application, has been quietly eliminated from the plans.  

“There are doubts about its capability at this time,” Neal De Snoo, Berkeley’s energy officer, told the Planet in a phone interview last week.  

De Snoo, however, was quick to praise the Smart Solar team effort that will include the nonprofit Build It Green (BIG), UC Berkeley’s Renewable and Appropriate Energy Laboratory, the cities of Oakland and San Francisco and others. The effort is expected to add hundreds of solar energy systems to East Bay homes and businesses. 

Nonprofits often bring exper-tise and resources city staff does not have. “Cities rely on them,” De Snoo said. “There’s a variety of people stepping up to play a role.” 

At the same time nonprofits are not under state mandates to share information with the public. Nonprofit workers, unlike city employees, often lack union protections: they may be paid considerably lower wages and lack benefits and job security. Nonprofit employees may be hired among friends or acquaintances of organization staff, without the kind of objective search civil service rules mandate.  

Volunteer community boards of small nonprofit corporations may oversee work and budgets with less rigor than a municipality might do.  

In Berkeley, the city often hires nonprofit corporations without going through the competitive bid process. At the Nov. 27 City Council meeting, the nonprofit Build It Green will be offered a $50,000 sole-source contract to begin work on the Smart Solar project, which, in its pilot phase, will facilitate the installation of solar systems for some 25 Berkeley residents and small-to-medium businesses. In its later stages, the program is expected to drive the siting of some 200 solar energy systems annually throughout the East Bay. 

Smart Solar partners 

In its original February 2007 grant application to the Department of Energy, the city named the groups it planned at the time to work with on the project: CESC, Sustainable Berkeley, Build It Green and UC Berkeley’s Renewable and Appropriate Energy Laboratory. (RAEL is directed by Daniel M. Kammen, also a member of the committee overseeing the collaboration between UC Berkeley and BP, formerly British Petroleum.) 

Contracts or agreements with the city are necessary to formalize the relationships. The contract with Build It Green, if approved by the City Council, will be the first given under the Smart Solar grant. 

The grant application also names large corporations and financial institutions to be invited to work with the city on the project. They include SunPower (formerly PowerLight), a large solar company now in Berkeley but planning a move to Richmond, BP, Mechanics Bank, Wells Fargo and others. 

The Smart Solar program differs from plans to create a solar financing district recently publicized by the mayor’s office. The financing district is to be put together with some of the same partners named in the Smart Solar project, including Build It Green and the Renewable and Appropriate Energy Laboratory. The city has applied for an Environmental Protection Agency grant and expects about $160,000 to do groundwork on that project. 

While the two grants are separate, some of the work may eventually be accomplished in tandem, De Snoo said.  

The initial phase of the Smart Solar project is designed as a pilot in which about 25 Berkeley home and business owners contract through the project for solar panels and solar hot-water heating systems. This part of the program is funded by a $200,000 Department of Energy grant and a $370,000 city match that includes an $80,000 cash match from the city’s energy office and an $108,000 in-kind match that will include city staff time and indirect services.  

The Renewable and Appropriate Energy Lab will contribute the work of two doctoral students. 

Smart Solar incentives 

The pilot program is intended to attract property owners by lowering the cost of contracting and equipment for installation of solar panels and solar hot-water systems. The price will become affordable by “aggregating projects, contracting and financing,” says a Sept. 18 city staff report.  

“If successful, [the project] will also generate business for private solar power companies and increase the number of local jobs,” the report says. 

According to the February grant application, studies show property owners hesitate to purchase solar energy systems because they lack technical expertise, which makes them uncomfortable choosing a contractor and negotiating the work. 

Smart Solar is intended remove the uncertainty. “A trusted, knowledgeable third party is responsible for specification, sales, bundling incentives and financing, contractor selection and management, and quality control,” the grant application says. “By essentially removing the contractor or its sales agent, and thus the profit motive, from the point of sale, the owners’ agent provides more accurate and consistent financial assessments and claims.”  

CESC was to have played the role of the trusted, knowledgeable third party. Now that CESC will not be participating in the contract, the city will either play that role itself, or contract out for it, De Snoo told the Planet. 

In the first phase of the project, Build It Green will be charged with doing some of the groundwork, including assembling focus groups to identify the needs of recipients and the barriers that keep them from participating. BIG also will keep attendance lists and minutes, Katy Hallbacher, BIG program manager said Thursday. 

BIG is a nonprofit corporation located in downtown Berkeley that began as the Green Resource Center, launched in 1999 by the city, working with Architects Designers and Planners for Social Responsibility and the Sustainable Business Alliance. In 2005 the Green Resource Center merged with a mostly builder-contractor-oriented group, Bay Area Build It Green. 

The BIG board includes contractors and suppliers including the Truitt and White director of marketing, the Johns Manville senior territory manager, the president of solar installer Sun Light and Power, the territory manager for Building Materials Distributor, Inc. and a number of professions involved in green construction, according to the BIG website. 

None of the professionals on the board will get project contracts, De Snoo told the Planet. 

Technical expertise for the project will come from the Department of Energy. 

Once the pilot is complete, the full program of 200 solar installations annually in the East Bay is to be launched without DOE funding under the management of East Bay Energy Watch—a partnership among several nonprofits, the cities of Berkeley and Oakland and PG&E; EBEW is managed by the Berkeley-based for-profit corporation QuEST, Quantum Energy Services & Technologies, Inc.  

Sustainable Berkeley 

Sustainable Berkeley, a collaborative founded last year among UC Berkeley representatives, environmental consul-tants, and environmental nonprofits including CESC, may play a role in the Smart Solar project, but “no resources are dedicated to them,” De Snoo told the Planet Thursday. 

SB may do work under an existing contract, however. Through a city grant, SB certifies businesses and restaurants as green. According to the February grant application, the organization will be “contacting targeted businesses, housing sector-specific events and conducting a media outreach campaign.”  

A Nov. 5 amendment to the application says the city and SB will hold a Smart Solar kickoff “to market program to potential customers.” 

SB, which is not a nonprofit and whose grants go through fiscal sponsor CESC, came under media and community scrutiny earlier in the year, when it tried to play a major role in implementing the city’s greenhouse gas reduction plan. Criticisms of the group included its closed meetings (in response SB opened its steering committee meetings), the hiring of a board member as paid interim executive director and the attempt to get a city grant to hire consultant Timothy Burroughs to coordinate the city’s greenhouse gas reduction program. 

(The city decided not to give SB the funds to hire Burroughs “due to legal questions [on the relationship] between Sustainable Berkeley and CESC,” De Snoo told the Energy Commission at the time. Instead, the city’s energy office hired Burroughs directly.) 

In a mid-October meeting with interim CESC director Pat St. Onge and program managers Maria Sanders and Pat Canada, Sanders responded to a question about Sustainable Berkeley, saying “Sustainable Berkeley has gone into hiatus. We [CESC] are continuing their contracts.” Sanders said she was referring to the contract to certify green restaurants. 

It appears, however, that SB is active, with Sanders listed as an CESC board member in a Sept. 2007 internet post on SB’s website. 

And a call Wednesday to a number posted on the SB website was answered by Leila Khatapoush, who identified herself as a Sustainable Berkeley staff person, working on the green restaurant initiative. 

During the meeting with the CESC staff, St. Onge said the 1013 Pardee St. office was not shared with other organizations, however Khatapoush told the Planet she was working out of that office. Neither St. Onge nor Sanders could be reached Thursday for further clarification. 

Why CESC’s out 

CESC fell out of favor with the city after its executive director allegedly took advantage of the agency’s home repair program to have a hot-water heater installed in her home and also used Community Development Block Grant (CDBG) funds for “non-allowable indirect costs,” St. Onge said. 

The director was fired in August by the non-profit corporation board, which is the City Council-appointed Energy Commission.  

All CESC programs continue uninterrupted, St. Onge told the Planet in the group interview last month. She downplayed the extent of the allegations, as did board member Tim Hansen in a separate interview Wednesday. 

Although De Snoo said CESC wouldn’t take part in the Smart Solar project because of the investigation, he praised its accomplishments. “CESC is doing great work for the city and the community,” he said. 

City Manager Phil Kamlarz told the Planet that because the CDBG funds in question came through the city, it is investigating internally and is in the process of hiring an outside investigator to look into the allegations. Over the course of more than a month, Kamlarz and other city officials have declined to name the outside investigator, saying they want to wait for an agreement on the contract scope of services. 

Asked why CESC was written out of the Smart Solar grant, given the interim director’s opinion that the improprieties were minor, Kamlarz asked: “Who told you they were minor?” leaving questions hanging about the extent of the damage.  

A number of people told the Planet that it is time for the city commission and the nonprofit to separate themselves. Ruth Grimes, Energy Commission and CESC Board chair said the arrangement is unsatisfactory, because the board has only about 20 minutes each month to spend on CESC matters.  

In an e-mail response to a request for CESC’s 2006 budget, St. Onge indicated the limits of oversight that the Energy Commission-CESC board has had: “The board was not presented with budgets in the past, and therefore, never approved them,” she said, noting she is preparing a budget for board approval Dec. 5. 

Board member Tim Hansen became secretary-treasurer for the CESC after the director was fired and the treasurer, an outside consultant, left. He said separating CESC from the city would be an important step toward getting a nonprofit board that could dedicate adequate time and resources to the job of oversight and support of the organization. 

“We’re hamstrung” by our relationship to the city, CESC program manager Sanders told the Planet. “We’re asking the city lawyer if we can divorce from the city.”

DAPAC approved a limited-height mandate for the downtown Berkeley plan, dividing their Monday night vote between a majority who felt they’d compromised enough and a minority who wouldn’t approve anything without an economist’s imprimatur. 

Their vote reaffirms last week’s decision to oppose the call by city staff for approving 16-tower apartment towers as a way to spur revitalization of the city center. 

Members voted 11-1-8 for a land-use chapter that will keep most downtown buildings at 85 feet, while allowing four at 100 feet, four more at 120 and two high-rise hotels which could rise 100 feet higher. 

(One member, Linda Schacht, had been inaccurately recorded by city staff as voting in favor of the chapter; she had abstained.) 

Their decision reaffirms the vote they took last week on heights, which passed 13-7-1, only after a plan calling for an option with two point towers had failed on a 10-11 vote. 

Only Billy Keys voted in opposition Monday night, while the earlier opponents, led by Downtown Area Plan Advisory Committee Chair Will Travis and joined by Planning Commission Chair James Samuels, abstained. 

Commercial buildings, with higher ceilings for offices, generally contain fewer floors than structures of the same height built for housing. Eighty-five feet could accommodate a high-ceilinged ground floor store space beneath five floors of housing, but, typically, only four floors of offices over a floor of stores. 

A 100-foot building would house seven floors of apartments over a commercial base, while the 120-foot structure would accommodate nine floors of living units over the retail base. 

Architect Jim Novosel said more floors of offices could be accommodated if the lower heights per floor used in the Great Western (or Power Bar) Building were applied. 

Buildings used for classrooms need even higher ceilings and fewer floors. 

Monday’s vote was the last controversial decision remaining for the committee, which has one final session scheduled before it reaches its City Council-mandated end Nov. 30. 

Their decision upholds the chapter draft prepared by a DAPAC subcommittee which had struggled to forge a compromise between the factions.  

Abstainers said they couldn’t vote for a plan that promised public benefits that couldn’t be realized if height restrictions and the cost of providing those benefits scared off would-be developers. 

The majority who voted for approval, spearheaded by Rob Wrenn, chair of the subcommittee that drafted the chapter, and Juliet Lamont, the environmentalist who has emerged as a political force during the two years DAPAC has been meeting, said they had made enough compromises, giving up a five-story height limit and making other concessions in hopes of reaching a compromise. 

Planners next 

After DAPAC’s final vote, the plan will go to city planning staff for final semantic tweaking before it passes on to planning commissioners, who will offer their own recommendations in tandem with the committee’s version. The final decision is up to the Berkeley City Council UC Berkeley retains veto power. 

The university’s say in the plan, as well as its partial funding of the planning process, is part of the agreement signed between the city and the university to settle a lawsuit challenging the university’s plans for expanding into the heart of Berkeley’s commercial district. 

Heights and historic buildings have triggered the two most heated battles during DAPAC’s two-year effort to hammer out a new plan for the city’s ailing commercial center. 

In contrast, DAPAC members, following their lengthy discussion and divided vote on heights, voted to spend only minutes tweaking and adopting—by a unanimous vote—the final draft of the plan’s sustainability chapter. 

Generally, the same forces coalesced along the opposing battlelines for both of the controversial issues, with Juliet Lamont’s calm passion and Gene Poschman’s analytical skills on the winning side. 

Members of the majority included Jesse Arreguin, Patti Dacey, Lisa Stephens, Wendy Alfsen, Helen Burke and James Novosel, an architect who provided graphic augmentation for Poschman’s numbers-heavy analyses. 

The dominant voices in the minority were those of Samuels, Travis and Dorothy Walker, along with Terry Doran and Jenny Wenk. 

Samuels was the only member who abstained from voting on the plan’s historic preservation chapter when the final draft came up for a decision Oct. 17, while other critics voted with the majority.  

FAR, coverage 

While critics of the winning proposal spoke mainly of heights, they also raised concerns that the proposal’s limitations of lot coverage and building mass could also discourage developers. 

One issue concerns the floor-to-area ratios (FAR) embodied in the chapter. Simply put, the FAR is a number that compares total square footage of floor space in a building with the total square footage of the lot on which it is built. 

An FAR of 1 could be reached by a one story building that covered all of a lot, or a four-story building that covered a quarter of the lot’s surface. Basically, the higher the building’s FAR, the more massive the structure. 

The chapter approved Monday calls for FARs of 4.0 for 65-foot buildings, 4.9 for 85-foot buildings, 5.6 for 100-foot buildings and 6.5 for the four 120-footers. Those figures are limited to portions of buildings from the ground level up; subsurface levels aren’t counted. 

Lot coverage means simply the percentage of a lot that is covered by the building’s ground floor. 

While many of today’s downtown structures—the Gaia Building, for example—have 100 percent lot coverage, the new plan sets an absolute limit of 90 percent for buildings between 66 and 100 feet tall, and 80 percent for buildings of 101 feet or more. 

Buildings at 65 feet could win an exemption from the 90 percent maximum by paying an in-lieu fee to create open space elsewhere in the downtown if their lot were small or the project involved historic buildings. 

“What we have done is to create a combination of height restrictions, FARs and lot coverage that constitutes a de-facto downzoning of downtown,” said Walker, a retired UC Berkeley development executive. 

Samuels agreed, calling the chapter’s requirements “a step backwards.” 

“Ridiculous,” said Wrenn, adding that the new plan greatly expands the downtown beyond the boundaries of the existing 1990 plan, raises base heights to 85 feet and allows construction of 10 buildings even taller, including two hotels taller that the controversial point towers. 

When it came down to the show of hands, Wrenn’s side carried the day. 

Final meeting  

DAPAC’s final meeting will begin at 7 p.m. on Nov. 29, when members will take up any of city staff’s last-minute tweaks to the language of chapters the committee has already approved. 

The meeting will be held in the North Berkeley Senior Center, 1901 Hearst Ave. at Martin Luther King Jr. Way. 

The chapters themselves will be posted at www.ci.berkeley.ca.us/planning/landuse/ dap/reports.htm.

The Memorial Stadium confrontation between tree-sitters and campus officialdom heated up Thursday, marked by three arrests and a fence breach. 

What began as a late-night gathering of protesters ended up in a heated confrontation between campus police and protesters working to breach the double line of fences surrounding the grove which has been occupied for the last 11 months by tree-sitters. 

In the end, two police officers were taken to the hospital to have their eyes washed after one of the protesters reportedly threw a liquid at them and three protesters were taken away in handcuffs. 

All three were cited for violating a civil restraining order issued by Alameda County Superior Court Judge Richard Keller. 

In addition, tree-sitter Aleksey Maromy-guin was charged with trespass with intent to damage property and resisting arrest. He was also served with an order to stay off campus for the next seven days. 

Nathan Pitts was charged with four counts of battery on a police officer and one count of resisting arrest, while Clara Luna was charged with three counts of battery on a police officer and one count of resisting arrest. 

Doug Buckwald, organizer for Save the Oaks at the Stadium, said campus police have escalated confrontation at the grove by trying to “starve out the tree-sitters.” 

But Dan Mogulof, executive director of the university’s Office of Public Affairs, said the university is not trying to cut off supplies, and is pursuing the same policies it has for the last several months. 

Buckwald is one of the plaintiffs challenging the high-tech gym and office complex the university hopes to build where the grove now stands, along with the City of Berkeley, City Councilmember Dona Spring, neighborhood activists and two environmental organizations. 

While Buckwald said officers at the scene were carrying shotguns and using batons, Mogulof said that he was only aware that officers brought out their batons when they came to the defense of officers who had been attacked after they tried to stop protesters from cutting the fences. 

The confrontation developed after a two dozen or more protesters, including Native Americans who contend that the grove is a sacred Ohlone burial ground, arrived to conduct a ceremony and send up supplies to the tree-sitters. 

Mogulof said that the university will continue its current policies at the grove until Alameda County Superior Court Judge Barbara J. Miller rules on the action brought by the city and others which is now pending in her court. 

Until then, university officers will be notifying tree-sitters and their supporters that the injunction issued by Judge Keller applies to them, “and we will abide by the court order,” he said.  

Mogulof has said that the university’s policies may change if Judge Miller issues a ruling that will allow the university to start construction on the Barclay Simpson Student Athlete High Performance Center. 

“It’s unfortunate that the university police are allowing their department to be used as a political tool to further UC’s massive development plans,” Buckwald said. 

Campus police also arrested another protester in an earlier fence-cutting incident, said Mogulof. 

Zachary Running Wolf, who initiated the tree-sit by climbing into the branches on Big Game day last year, was arrested Tuesday night and charged with vandalism and trespassing. 

“This is a clear issue of racial profiling and targeting of a well-known Indigenous activist,” said Ayr, who has been working to assist the tree-sitters since the protest began. 

“I’m out,” said Running Wolf Thursday afternoon after two days in jail. “That’s my eighth time going to the pokey for the tree-sit.” He was also served with a stay-away order and a notice of the injunction. 

Running Wolf said he was actually trying to stop the cutting of the fence by infiltrators who were trying to provoke incidents that could adversely influence Judge Miller in her ruling. 

Meanwhile, a crew from Tri-City Fence Company was busy repairing the damage to the university’s enclosures at the grove Thursday afternoon, adding a layer of barbed wire at the top.

Berkeley officials said they plan to submit a work plan for dredging Aquatic Park lagoon to the State Water Resources Control Board for approval, according to city and state officials. 

The city’s Public Works Department dredged the lagoon at the north end of the park and dumped sludge along the shoreline last week without requesting a permit from the state water board. Local environmentalists and city officials complained that the sludge—likely toxic, they said—was dumped on a popular bird watching site and adjacent to one of the main wading-bird foraging spots.  

The approximately 30 truckloads of spoils dumped near the west end of the park near the Berkeley Rowing and Paddling Club have been covered by black plastic sheets and burlap bags to prepare for rain. 

Loren Jensen, supervising engineer at Public Works, said that W.R. Forde, the contractor hired by the city for the dredging, was responsible for testing the spoils. 

“We are waiting for the test results to come back to figure out where we are going to dispose [ of the sludge],” he said Wednesday. 

The lagoon is dredged every 15 years to clear out debris around the tidal tubes and to clean out the Strawberry Creek storm drain in order to improve circulation. The procedure costs the city about $80,000, which is taken from the General Fund. 

Jensen acknowledged that the contractors hired by the city had not used proper methods for disposing of the sludge. 

City Manager Phil Kamlarz said that the city was testing the sludge independently and coordinating with Lauren Marcus Associates, the consultants hired by the city to advise the Aquatics Park subcommittee on future projects, to determine the sludge’s impact on the park’s natural habitat and its proper disposal. 

Brian Wines, who oversees permits for Alameda County at the state water board, told the Planet that a permit for dredging was required for the project, but none had been obtained. 

“When you disturb the sediments, it increases the turbidity of the water,” he said. “Particles tend to get into the gills of some fish. Sometimes the water gets cloudy and it affects the sight of the fish and prevents them from finding their prey. In some cases when you dredge buried sediments which have very low levels of oxygen, it can reduce the level further.” 

Berkeley Councilmember Darryl Moore—whose district includes the park—told the Planet this week that he was disappointed that the city had refrained from adding a time-critical item concerning the Aquatics Park dredging to the Nov. 27 City Council agenda. 

“It’s very disturbing that the city did not get a right permit for the dredging and dumped the sludge in an inappropriate area,” he said. “The city manager has told me that he will address my concerns through a report at the City Council meeting. But I am not sure if that report will be able to address all my concerns. If that’s the case then I will move it to an action item. I want to know who’s to blame.” 

Jensen said that the State Water Resources Control Board and the Army Corps of Engineers—the two regulatory bodies responsible for issuing dredging permits—had told project manager Hamid Kondazi that a permit wasn’t required, but he couldn’t provide any documentation to support that claim. 

“It’s important we find out how to prevent this from happening in the future,” Moore said. “The city must act quickly to ensure that potential hazardous waste is stored properly and that any environmental impacts due to improper handling of this waste is minimized before there is any further damage to the delicate ecosystem in the Aquatic Park.” 

He added that he wanted to see the specific guidelines given to the contractor on how to conduct the dredging. The Planet has requested a copy of the contract but has yet to receive a reply. 

Although the city’s website reveals that W.R. Forde was paid $83,450 for dredging a storm drain at Aquatic Park, Jensen said the work was not to clean a drain but rather to improve the water quality of the lagoon. 

Claudette Ford, director of public works, said at the City Council Agenda Committee meeting Monday that she disagreed with the use of the term dredging for the park lagoon project.  

She said that her department was working with the regional water board to find out what happened and resolve the issue. Ford did not return calls from the Planet for comment.

A three-year-old business assessment district that had become controversial with some of its members was voted off the Avenue at last week’s Solano Avenue Association (SAA) board meeting. 

The SAA is the nonprofit corporation that managed the Solano Avenue Business Improvement District, established by the Berkeley City Council to market businesses on Solano and to upgrade the street’s appearance. 

But there had been growing opposition to the district. When a reporter informed Greymura Miller, owner of shoe shop Feet of Dreams, of the board vote, she said: “It’s probably a good thing.”  

Not everyone benefits from the district, Miller said, ”It should be voluntary.”  

Business assessment districts are established by city ordinance. Fees are mandatory for those whose businesses are located within the district boundaries. Solano Avenue fees ranged from $65 to $500 annually depending on the business location, size and category.  

The BID raised about $29,000 annually. Albany merchants joined the Solano Avenue Association voluntarily. The difference between the voluntary and mandatory membership was problematic for some. 

About 80 merchants signed petitions in December of last year opposing the district. Business owners representing more than half the total assessment value would have had to sign on to the opposition, but those opposing represented only $14,000 out of $34,000, not enough to force the district’s demise. 

But the continued dissent among some of the merchants over the question pushed the board to capitulate rather than fight. “There were a few disgruntled people who objected. It was not worth the fight.” said Jan Snidow, owner of Powder Box Salon and member of the SAA and (formerly) BID boards. 

“I’m very sad; it was a good idea,” Snidow said, noting the volunteer board members “worked tirelessly” to produce some of the events that bring crowds to Solano Avenue—the Halloween Party, Christmas and spring events, the Solano Stroll. 

Snidow said she thinks most the Berkeley merchants will pay the fees as voluntary membership dues to the SAA. 

While one of the frequent arguments against the district has been that not everyone benefits from BID services equally, Snidow pointed out that the assessment is similar to property taxes. She said she pays school taxes but has no children. “Maybe one of the children will be a future president,” she said. 

Technically, the BID still lives. The board resigned and there is no assessment. That’s less complicated than demolishing the district, said Dave Fogarty, economic development manager.

Berkeley planning commissioners voted to clamp down on liquor stores that started selling spirits before the city instituted its current zoning policies. 

Three new ordinances are aimed at 44 of the city’s 86 liquor merchants who are allowed to make package sales for carrying off the premises. 

Since 1981, the city has required anyone starting a new “off-sale” business to apply for an alcohol sales use permit, which requires a hearing before the Zoning Adjustments Board (ZAB). 

But merchants already in business were grandfathered in, and it is they who are the focus of the new ordinances, which face yet another hearing before the commission before they’re handed over to the city council. 

Since the ordinances directly result from a Jan. 30 referral by the City Council, passage is likely. 

Impetus for the legal changes come from BAPAC, the Berkeley Alcohol Policy Advocacy Coalition, and its representatives were first to speak at the hearing. 

Lori Lott, a South Berkeley resident, said a number of grandfathered businesses are currently not in use, including a site at the southeast corner of University and San Pablo avenues that she would like to see barred from further use as a liquor vendor. 

Ed Kikumoto of the Alcohol Policy Network, who is serving as a policy advisor to BAPAC, addressed a second aspect of the proposals, a provision that would allow any Berkeley resident to bring a public action against a vendor. 

“This is an opportunity for private citizens to use the regulatory mechanisms on their own behalf,” he said. 

Nancy Holland, a neighborhood activist added her voice in support. 

The first of the three proposed ordinances would allow ZAB to move against non conforming uses and buildings that have been closed for at least 90 days, rather than the one year specified by the current law. 

The ordinance would make exceptions for businesses that shut down to make repairs that don’t change the nature or size of the business and restorations following fires and other disasters. 

Liquor retailer Mohammed Mosleh said the ordinance should include a provision that would cover when a store owner was unable to open because he was hospitalized. 

In the end, commissioners stuck with most of the proposed language, but added a provision for a public hearing during which both the owner and public would be allowed to testify. 

Committee members also approved the public nuisance provision, while adding a provision that an action could only be brought after the city failed to act during the 30 days after the complaining citizen had given notice to the merchant and the city, or if the city had failed to diligently prosecute the violations. 

The third measure eases one restriction against an on-sale permit for restaurants with incidental beer and wine sales, allowing a use permit to an operator who has had only a single complaint or violation if the state Department of Alcoholic Beverage Control (ABC) doesn’t object and concerns of neighbors are given due consideration. 

ABC licensing requirements are separate from those of the city, though Land Use Planning Manager Debra Sanderson said the agency has worked in close cooperation with the city.

Arguing that the California Department of Transportation did not adequately assess impacts on the environment in its plans to add a fourth bore to the Caldecott Tunnel, attorneys Stuart Flashman and Antonio Rossmann have filed a petition in Alameda County Superior Court in an attempt to get Caltrans to modify its plans. 

The petition, responding to CalTrans’ Environmental Impact Report on the project, was filed on behalf of the Tunnel Fourth Bore Coalition, consisting of the Rockridge Community Planning Council, the Claremont-Elmwood Neighborhood Association, the North Hills Phoenix Association, the Parkwoods Condominium Association and the East Bay Bicycle Coalition. 

Coalition members claim that Caltrans failed to consider adverse impacts of construction for four years, particularly on nearby schools, the permanent impact of noise and increased speeds and traffic volumes, with accompanying air pollution and carbon dioxide emissions and the fourth bore’s inducement of new traffic growth.  

The petition also says the transportation department failed to consider alternatives, such as increasing public transportation. 

Flashman told the Daily Planet he believes CalTrans may be willing to negotiate rather than going to court. 

The city of Oakland has sued Caltrans separately over the project. The Berkeley City Council passed a resolution in opposition to the fourth bore, but did not file a suit against it.

California Attorney General Jerry Brown told a gathering of California county leaders in Oakland this week that global warming was the single most important issue of our time, that the California Environmental Quality Act was a “key environmental milestone” in fighting the greenhouse gas emissions that are much of the cause of global warming, and that counties which do not address such emissions in their CEQA environmental impact reports face a likelihood of being sued by his office. 

The attorney general, who has become an environmental crusader since returning to statewide office last year, then jokingly admitted, “When I was mayor of Oakland, I tried to abolish CEQA. I didn’t want to have to fill out all those reports. But that was then. This is now.” 

Several in the crowd of county representatives gathered at the Oakland Marriott Convention Center on Tuesday afternoon briefly laughed with Brown and then stopped, and it was not certain if they thought they were joining him in laughing at himself, at Oakland, or at themselves. 

Brown was one of several major speakers at a luncheon gathering at the Marriott, including Governor Arnold Schwarzenegger, State Senate President Don Perata, and Oakland Mayor Ron Dellums. County representatives were in Oakland and Alameda County this week for the annual meeting of the California State Association of Counties. 

The attorney general sued San Bernadino County last April over allegations that the county’s newly-written General Plan EIR failed to analyze the effect of greenhouse gas emissions on the environment or propose mitigations for such effect. The attorney general’s office and San Bernadino County later settled. 

That contrasted sharply with Brown’s stance six years ago, when he was mayor of Oakland and rushing to fulfill a campaign pledge to building housing for 10,000 new residents in the downtown area. At Brown’s request, Oakland’s then-Assemblymember Wilma Chan authored state legislation (AB436) that placed a four-year exemption on CEQA-mandated EIR’s in certain large, downtown Oakland residential development projects. At the time, Brown joked  

to columnist Chip Johnson  

that environmental protections weren’t needed in downtown Oakland because "I haven't seen any spotted owls or snail darters in downtown Oakland." 

On Tuesday, the attorney general expanded on his reasoning that environmental protections were not needed for urban areas, saying that “in the city, we don’t worry about things like congestion. We want noise and traffic congestion. That’s part of the urban experience. It’s not like in places like Shasta County, where you want to keep it more pristine.” 

Brown’s remarks at the CSAC luncheon were sandwiched in the middle of some sparring-at-a-distance between two of the state’s political heavyweights, Governor Schwarz-enegger and State President Perata. 

On Tuesday morning, in an article “Perata Criticizes Governor On Spill; State Senator Accuses Schwarzenegger Of Hamstringing Oil Spill Cleanup Efforts,” the Oakland Tribune reported that Perata “blamed Schwarzenegger for leaving key agencies understaffed, rendering the state’s ability to respond to last week’s massive oil spill, in Perata’s view, almost nil.” 

The paper also reported that Perata planned to reintroduce legislation, vetoed by Schwarzenegger this year, to strengthen regional water boards, adding that “Perata said the legislation would improve the state’s ability to prevent oil spills and punish those responsible.” 

In his remarks to the county representatives, Schwarzenegger made no mention of the Tribune article, instead referring to Perata with veiled praise.  

“I’ve been meeting constantly with Senator Perata over the past year,” the governor said. “In fact, I’ve been seeing him more than I have been seeing my wife. I do want to say, though, that Senator Perata is not as good looking as my wife.” 

In his later remarks, Perata responded in kind, praising Schwarzenegger for his “energy and enthusiasm” in attacking California’s problems, and then adding that “the governor is so enthusiastic, if he was a horse, we’d need to give him a urine test to see if he’s on something.” 

For his part, Schwarzenegger said that he and key state legislators are close to an agreement on the language of a bond measure to improve the state’s water infrastructure, and is hoping to seal a deal that can put a bipartisan $10 billion water measure on the February Presidential ballot. 

“We all agree that we need conservation and flood control, but the trick is to find that sweet spot in the negotiations” between one and the other, the governor said. Schwarzenegger added that he is not interested in a water bond that improves the state’s infrastructure in what he called “incremental stages. We should do it all now. If we do it in incremental stages, it will still take twenty years for the projects to be completed, and then it will be too late to go back to the voters to ask for more money to complete the restructuring.” 

Schwarzenegger was the first speaker at the luncheon, and left immediately after speaking, a fact Perata later alluded to. 

“Schwarzenegger said he wanted to talk about water, and then he left,” Perata said. “That’s not uncommon.” Calling the shoring up of the state’s water infrastructure “probably the hardest area to tackle, that’s why we saved it for last,” Perata made no response to the governor’s assertions that a deal was close on a water bond measure, instead choosing to criticize Schwarzenegger for not spending fast enough that infrastructure bond money already authorized. 

Noting that California voters authorized billions of dollars in infrastructure bond measures last November, Perata said that he was “a little bit put off that we have only allocated $78 million dollars of the bond money so far. We aren’t spending enough of it. If you give us the authority to spend money and we don’t spend it, people get cranky.” Perata said that “when we come back to the voters and ask for more money for more projects, they will ask us, ‘What happened to the money we authorized for the last projects?’” 

The California Senate Education Committee has scheduled a public hearing in Oakland next month on the State Department of Education and procedures for return to local control of school districts in state receivership. 

The hearing, to be held at the Oakland City Council chambers on Monday, Dec. 3, from 9:30 a.m. to noon, was requested by State Senate President Don Perata (D-Oakland), and is being coordinated by his office. 

The Senate Education Committee hearing is separate from the hearings scheduled to be held next year by the Assembly Select Committee on School Takeovers, chaired by Assemblymember Sandré Swanson (D-Oakland). The first of those hearings is tentatively scheduled for January in Sacramento, and at least one of the Assembly Select Committee hearings will be held in Oakland, as well. 

A spokesperson for Senator Perata’s office said that the Senator “wanted to hold a public hearing to examine the role of the Department of Education in bringing financial stability to local school districts under state control. He wants to lay out the state’s role in restoring fiscal solvency to those districts, and to develop timelines and benchmarks.” 

Both Perata’s office and a representative of the Senate Education Committee said that while the hearing would be held in Oakland, the focus would not be exclusively on Oakland Unified, but on all of the state’s public school districts currently under some form of state control. 

Perata authored the original state legislation in 2003, SB39, which put the Oakland Unified School District under state control, where the district currently remains. 

Swanson authored a bill this year, AB45, that would have brought more certainty to the process of returning local control to OUSD, taking it out of the discretion of the State Superintendent’s office and leaving it solely to the recommendation of the state’s education watchdog and intervention agency, the Fiscal Crisis Management Assistance Team (FCMAT).  

Perata served as floor manager of the bill in the Senate, which passed both the Assembly and Senate, but was vetoed by Governor Arnold Schwarzenegger. 

The Senate Education Committee hearing in Oakland next month will take testimony from three panels, one of them composed of representatives of statewide organizations, including the California Education Department and FCMAT, as well as two panels composed of representatives of areas where school districts are currently under state control. Oakland Unified School District Board President David Kakishiba has been invited to testify at one of the panels, but the rest of the panel’s list has not yet been finalized. 

There will be no opportunity for the public to speak at the Senate hearings. 

This week, Swanson said he was “in full support” of the Senate Education Committee hearings.  

Kakishiba said, “I think the public hearing is a good step forward.”  

The school board president said that AB1200, the original legislation that authorized the state to take over local school districts, “has a lot of weaknesses that need to be addressed. It takes a one size fits all approach to problems in school districts.” 

During the 2003 Assembly debate over the Oakland Unified takeover bill, SB39, several Assemblymembers pointed out that AB1200 was geared specifically towards districts in which fiscal malfeasance had been practiced by either the local school district administration, the local school board, or both, adding that the legislation’s complete stripping of power from the Oakland Unified School Board did not seem appropriate because no such malfeasance was alleged in Oakland’s fiscal problems.

The $500 million pact between UC Berkeley and one of the world’s largest oil companies went into effect Wednesday, though actual work had begun in June. 

The grant will fund both academic and corporate researchers at UC Berkeley, Lawrence Berkeley National Laboratory (LBNL) and the University of Illinois at Urbana-Champaign—though other institutions may also be involved, BP’s chief scientist told a gathering at a U.S. Energy Association (USEA) meeting in June. 

While the last signature had been gathered only this week, research had begun as early as June, BP Executive Director Chris Somerville told the same USEA meeting. 

Funded by the British oil company, Berkeley has already sent researchers to Africa and India in search of sites for planting crops. 

UC Regents voted in March to build a new research facility to house the Energy Biosciences Institute (EBI), BP’s chosen name for the project that university officials described as “the first public-private institution of this scale in the world.” 

The project will involve a wide range of academic disciplines, and program officials have already solicited and received proposals from faculty at both universities and the lab. 

”We are very pleased that the institute’s journey to develop new, cleaner sources of energy has begun,” said Somerville in a statement released by the university Wednesday. “Our mission is to harness the potential of bioenergy, to make discoveries and to help them become commercially viable so they can benefit the world. The institute will also examine the social, economic and environmental implications of using cellulosic biofuels to meet a significant proportion of the earth’s energy needs.” 

Cellulosic fuels are derived from plant fiber, rather than the more easily recovered sugars harvested from the crops like soybeans and corn for production of ethanol. 

EBI will also look into using microbes to create new fuels from coal and to recover oil from depleted wells., according to the grant proposal.  

While the university has portrayed the EBI as a program designed to make the United State independent by using marginal croplands to grow non-food plants for fuel, BP Chief Scientist Steve Koonin told the USEA that the company’s goal is a program that creates crops focused on tropical climates, though research will also develop plants for all climate zones. 

A nuclear physicist, Koonin spearheaded the process that led to the choice of Berkeley among five company-selected candidates. He is currently on leave from his post as provost and intellectual property manager for the California Institute of Technology. 

BP is the company known for decades as British Petroleum. 

The master agreement and other documents are available at www.berkeley.edu/news/media/releases/2007/11/14_ebisigning.shtml  

Critics of the BP and its role on campus have charged that the company’s plans to use genetically modified plants and microbes threaten Third World countries, which are least able to resist the intrusions of multinational corporations. 

UC Berkeley professors including Ignacio Chapela and Miguel Altieri say the project will displace farmland needed for food crops in poor nations and replace them with patented crops owned by multinationals. 

Asked for a comment on the announcement of the signing, Chapela responded, “Very little else to note for the moment. Perhaps only to note the genius of whoever named the file of the agreement signed: it is called ‘Final Execution.’” 

The title refers to the document posted on the university’s web site.

Seventy-nine volunteers from across the East Bay underwent four hours of training on cleaning hazardous oil spills from the shoreline by the City of Berkeley and the East Bay Regional Park District at the Berkeley Marina Monday. 

State and local agencies are working to rescue oiled birds and clean up the oil spills along the East Bay shoreline after the Cosco Busan crashed into the Bay Bridge and spilled 58,000 gallons of bunker fuel in the bay Wednesday. 

Berkeley City Manager Phil Kamlarz issued a proclamation on Sunday restricting access to all Berkeley waterfront areas until further notice. Visitors are being asked to stay 50 feet away from the shoreline.  

“The first several days, we focused on bird rescue and containing the oil spill,” Kamlarz said in a statement Sunday. “Now that the weather is clear, it is time for trained HazMat experts to begin the cleanup of this toxic material. It is important that people continue to avoid the coastline while the water and shore are still contaminated.” 

The Marina—closed to boat traffic since Friday afternoon—has also set up a bird rescue station where oiled birds are being collected and sent for cleaning at the International Bird Rescue and Research Center in Cordelia. 

William Rogers, acting director for the Berkeley’s Parks, Waterfront and Recreation Department, said that residents and citizens are being asked not to approach birds but to report them by calling (415) 701-2311. 

“The incident command center picks up the calls and then sends trained folks to rescue the birds,” he said. 

Dressed in white suits, boots and gloves, volunteers used special equipment to pick up the oil and place it in special double-layered plastic bags. 

“We don’t want the oil to spread,” Rogers said. “It’s being collected in a special staging area.” 

A group was trained to rescue birds at the Marina on Sunday. 

“Berkeley has become one of the source points for birds from around the region,” said Rogers. Those interested in volunteering should call 981-6720. 

“They might not always be asked to rescue birds or clean the beaches,” he said. “But they can help with other things.” 

The Berkeley Fire Department’s Hazardous Materials team brought booms and other absorbent materials to the Marina to help clean up the water and shore. 

According to the East Bay Regional Park District, several hundred birds were rescued along the shoreline over the weekend. 

Mark Ragatz, shoreline unit manager for the East Bay Regional Park District, said that a command station had been set up at the Eastshore State Park to clean affected birds. 

“Since the oil is hazardous, we are asking people not to touch the birds without being trained,” he said. “We are bringing in teams from Louisiana, Texas and other places which deal with oil. It’s important people know how to catch the birds because if they go back into the water, they could die from hypothermia.” 

Ragatz added that although the spills had thinned with the outgoing tide, the heavy crude oil would clump up and stay in the environment for a long time. 

“It’s going to be a very long cleanup process,” he said. “I don’t know if you can fully clean up.” 

The park district has closed off water access to a number of parks in the East Bay including Point Isabel Regional Shoreline in Richmond, a popular dog-walking area. It is assessing the damage along East Shore State Park, which was closed to the public on Monday and will likely stay closed for the next few days. 

“It was closed for bird rescue,” said Shelly Lewis, park district spokesperson. “We’ll be manning the park again today to assess the damage. Our decision to open the park will be announced on our website.” 

Dead birds were spotted at the Berkeley Marina and the Albany Bulb over the weekend. 

Councilmember Dona Spring said she was extremely concerned about the birds and wildlife affected by the spills. 

“I don’t know if the Coast Guard is making any trips down to the Berkeley shoreline,” she said. “I guess they are too busy dealing with the major oil spills. We are going to be billing the Coast Guard for any expenses that occur during the cleanup. We should all make it our top priority to go down there and volunteer.” 

Some environmentalists have said that winter was the worst time for an oil spill since the bay is full of ducks, grebes, pelicans, cormorants and other water birds. The surf scoters, a species of ducks whose population has declined, seem to be the hardest hit. 

HOW YOU CAN HELP 

The International Bird Rescue Research Center has advised residents and visitors against cleaning birds and says instead to call the organization’s hotline at (877) 823-6926. 

When attempting capture, the animals’ eyes should be covered with a blanket or towel and they should then be transported inside a secure and ventilated container.  

Rules to follow during rescue: 

• Keep the animal warm, 80-90 degrees.  

• Don’t feed it or give it fluids.  

• Keep it in a secure, dark container or kennel.  

• Stay quiet around it and don’t constantly look at the bird.  

• Get it to a rehabilitation hospital as quickly as possible.  

• Never keep the animal or try to treat it yourself. 

For more information visit: www.ibrrc.org/Cosco_Busan_spill_2007.html or www.uscgsanfrancisco.com/go/site/823 

• A bird-rescue center has been set up in the parking lot on the north side of University Avenue in Berkeley, opposite Shorebird Park, west of the Harbormaster's office. They do not need volunteers. However, you can take down the following: pens, paper bags (for dead birds), towels, AA batteries and food for people. 

• Baykeeper is requesting that the public sign up on www.baykeeper.org/news/oilspill.html to be contacted when there is further need for public involvement. 

Save the Bay is taking donations to support the cleanup effort: www.savesfbay.org. Contact Adrien Andre to designate your donation toward the oil spill cleanup, at 452-9261 x124 or adrien@savesfbay.org.

Berkeley is home to the movement for the independence of disabled people and winner of the National Organization on Disability’s 2006 Accessible America competition, yet the disabled community expressed outrage at what people said was the mayor’s insensitivity at the Nov. 6 council meeting. 

Near the beginning of the meeting, Mayor Tom Bates refused a request by Councilmember Dona Spring to allow the issue of the warm pool, a swimming pool heated especially for the needs of frail seniors and disabled people, to be heard early in the evening.  

“There are a lot of elderly and disabled folks here to talk about the warm water pool. Could we take that up as the first item so that they can make their comments and then go home?” Spring asked the mayor, explaining, “They’ve got rides waiting for them?”  

Spring, who told the Planet she was “very upset at the treatment of the disabled by the mayor,” plans to bring a resolution to council in the near future to establish a rule permitting disabled and elderly people the right to speak early in council meetings. 

Many disabled people use paratransit services and must schedule transportation needs in advance. In addition, many depend on assistants to get them to bed, so they cannot be late getting home. Some disabled and frail people find it difficult or impossible to sit through a meeting.  

Responding to Spring’s request, Bates said that before the council heard the warm pool issue, it would address a zoning matter—telecommunications antennas, listed as Items 22 and 23 on the agenda. Then, Bates said, the council would hear his item on a solar financing district, Item 30 on the agenda. 

The warm pool issue was Item 28, part of the larger discussion of measures that might go on the ballot in 2008.  

“It should be [heard] relatively soon,” Bates told Spring, responding to her request. 

However, the item wasn’t heard for almost three hours. By that time, at least five people who had wanted to address the council had left the meeting, according to Joann Cook, who co-chairs One Warm Pool, the group advocating for the facility. 

“[Bates] was so disrespectful,” Cook told the Planet on Friday, stating further that she had noted the time the mayor used for his “pet” solar-financing issue. “He boasted about his idea for 37 minutes,” she said. 

“The mayor obviously wanted to make [the warm pool item] wait till after he got media coverage for his solar thing,” Worthington said. “He disenfranchised disabled people and senior citizens.”  

Gary Marquard was among those who had to leave early. He told the Planet Friday that his body cannot take the stress of sitting in a regular chair for long periods of time.  

“When Dona brought up [the idea of hearing the issue early in the evening], the mayor was dismissive,” Marquard said. “I wasn’t intending to speak. I wanted to see what happened and hold my [warm pool] sign to bear witness.”  

Worthington said in order to get his item heard while the TV cameras were still in the council chambers, the mayor violated council regulations. 

“Under council rules, Item 28 should come before Item 30,” Worthington said. “The rules say they should be taken in order unless there’s an action of the council.” 

Unsuccessful in getting the issue heard earlier, Worthington asked Bates, when the issue of the council ballot measures came up late in the evening, to allow speakers to address the council before staff gave its report. 

The mayor, however, had the deputy city manager give her report on the ballot measures before calling on the public to speak.  

He apologized for the lateness of the hour. “We’re sorry about that,” Bates said. “It’s not exactly our fault.” 

The Planet tried without success to reach the mayor for further clarification. 

Spring responded to the mayor’s comment in a phone interview Friday: “He had the audacity to say, we had no control over it,” Spring said. “He wanted to showcase his solar project.”  

Wearing his trademark black derby, Mark Hendrix, executive director of the Center for Accessible Technology, had rolled into the council meeting before its 7 p.m. start time. He was among those who had wanted to speak to the council, but had to leave early. 

Hendrix uses a wheelchair and public transportation to get around, but if he gets home late, his assistant is no longer available to help him get to bed, he told the Planet on Friday. Then, he said, he has to call emergency services and ends up getting to bed very late, which makes it difficult for him to get up early for work. 

“I wish Shirley Dean were mayor,” Hendrix said of the former Berkeley mayor. She allowed people with disabilities and small children to speak early in the evening, “unlike the current mayor,” he said. 

Reached Friday, Dean told the Planet that she could not recall if it had been written into council rules, but it was her policy to allow people with young children, seniors and the disabled to speak first. “It was so they didn’t have to sit through a long meeting,” she said. 

Dean said she had watched the Nov. 6 council meeting on TV. “I am outraged at what happened there,” she said. “I don’t understand why those things keep happening.” 

Something similar had happened to Richard Devylder in Los Angeles in 2001, Barbara Blinderman, attorney with Los Angeles-based Moskowitz, Brestoff, Winston & Blinderman told the Planet on Friday.  

Currently deputy director at the California Department of Rehabilitation, Devylder has no limbs and uses a wheelchair. He came to a Los Angeles County Board of Supervisors meeting to object to the appointment of a particular person named to the Commission on Disabilities, but after waiting hours for the item to come up, he had to leave.  

Blinderman filed a lawsuit on Devylder’s behalf in federal court. “It was a civil rights action,” she said. “He was denied the opportunity to speak.” 

Blinderman said her client didn’t want money. “He wanted to speak,” she said. Devylder won his case in 2002, mandating that the L.A. supervisors write rules assuring disabled people the right to speak early in the evening, Blinderman said.  

“We have something to celebrate and something to mourn,” Joe Robinson told fellow members of the citizen panel advising the state on toxic cleanups in southern Richmond. 

Members of the Richmond Southeast Shoreline Community Advisory Group (CAG) gathered Thursday night in City Council chambers to lament the loss of community activist Ethel Dotson and to hail a legislative victory by Assemblymember Loni Hancock. 

Dotson died Nov. 1 of cancer she believed had been caused by chemical contaminants from the sites she had formed the CAG to oversee, and it was Hancock who helped forced the change in regulatory oversight that enabled the CAG to come into being. 

Dotson was an outspoken woman who dressed flamboyantly and campaigned incessantly for the rights of fellow Richmond residents who had lived near the city’s many chemical-spewing plants and factories. 

During the last CAG meeting Hancock attended, in November 2006, Dotson told the legislator that she had just been diagnosed with cancer and told she had about a year to live. 

A Louisiana native, Dotson came to Richmond with her family as a toddler in 1944, and spent her childhood in Seaport Village (also known as the Seaport War Apartment), a segregated residential complex for war industry workers. 

Just across the fence to the northwest, at the site now known as Campus Bay, a complex of chemical plants churned out products ranging from fertilizers and pesticides to munitions and blasting caps. 

African Americans lived in the 494-unit housing complex until 1956, when it was demolished. 

Speaking at Thursday night’s CAG meeting, Hancock said her involvement began with a call from Contra Costa County Public Health Director Dr. Wendel Brunner. Alerted by Dotson to massive dust generated during the demolition of excavations at the former Stauffer Chemical site, Brunner called the legislator. 

“He said there’s a cleanup going on down here and we have to do something right away,” Hancock said. 

Dotson and other activists, including Sherry Padgett (who works nearby) and Marina Bay resident and UC Berkeley professor Claudia Carr, began organizing, joined by others like Dr. Henry Clark of the West County Toxics Coalition and Richmond Progressive Alliance activist and future Mayor Gayle McLaughlin. 

JoAnne Tilmon, another activist whose family lived nearby, has said 11 of her family members have died, and another—an aunt—is suffering from cancer. “I’m very skeptical of DTSC,” said Tilmon. “I want to make sure we’re doing the best for the community.” 

Demonstrations, protests and endless pleas to the Richmond City Council and the legislature resulted in a Nov. 6, 2004 hearing of the Assembly Committee on Environmental Safety & Toxic Materials at the Richmond Field Station. 

A major victory emerged from the hearing, when the San Francisco Bay regional Water Quality Control Board agreed to relinquish oversight of the cleanups to the state Department of Toxic Substances Control (DTSC). 

Both UC Berkeley, owner of the adjacent Richmond Field Station, and the partnership developing the former Stauffer Chemical site had opposed any change in oversight. 

The water boards have no provisions for public input during the cleanup process, while the DTSC has a provision for creating CAGs if a community member gathers enough signatures on petitions. 

Dotson spearheaded the drive to create the CAG, and became its founding member when the DTSC created the body, which held its first meeting on June 30, 2005. 

Her brother, Whitney, was to become the CAG’s chair. 

“Ethel worked very hard to put this CAG together,” said Robinson. 

“I don’t think anyone could fill Ethel’s slot,” said CAG member Eric Blum. 

Outspoken  

Dotson, 65 when she died at home in the company of her family, had fought relentlessly to expose the extent of contamination resulting from the south Richmond plants. 

Dotson had battled for the handover of the site from the water board to the DTSC not only because the toxics agency has provisions for public input, but also because the water boards have no toxicologists on their staffs. 

Instead, the boards rely entirely for scientific expertise on consulting firms hired by site developers. The DTSC, by contrast, is staffed by scientists trained in recognizing chemical hazards and their consequences. 

She insisted that radioactive materials had been used at the Stauffer site, a claim initially derided by some. 

During July’s CAG meeting, Henry Clark said that the discoveries of additional work with uranium and other radioactive elements at the site had confirmed her claims. 

“Practically everyone made it seem like she was crazy, but she was on point,” Clark said. 

Initial reports that a small test of melting uranium with an electron beam occurred at the chemical plant site have led to the discovery of more documentation indicating that more extensive testing may have taken place, including an account reporting that larger amounts of radioactive nuclear reactor fuel capsules may have been treated at the site. 

Another concern arises from the processing of so-called superphosphate fertilizers at the site, which are manufactured from ores that typically contain significant amounts of radioactive  

The Campus Bay development firm Cherokee Simeon Ventures—the partnership of an investment firm and a San Francisco developer—is currently preparing a radiation survey of the site, and additional testing is planned for the adjacent Richmond Field Station. 

The CAG’s progress hasn’t been without its bumps, and Clark and Tilmon have been absent from recent meetings. 

Dotson had fought to keep the CAG from expanding its focus to other sites in the area, arguing instead that the group should seek justice and financial reimbursement for those who may have been sickened by chemical exposures there. 

But the CAG gradually extended its purview and now encompasses Marina Bay to the northwest and other sites to the southeast. 

Dotson’s environmental activism wasn’t limited to the chemical plant site and her childhood neighborhood. She also targeted emissions from Chevron’s refinery, the city’s largest employer. She fought unsuccessfully to have to state or federal agencies test the blood of Richmond residents for toxic chemical exposure, and she testified and gave comments to state legislators and city councilmembers. 

“My whole life, my whole perspective has changed now,” she told the state Environmental Protection Agency’s Interagency Working Group on Environmental Justice on May 24, 2004. 

“That’s why we’re all angry,” she said. “You all have a responsibility. You have been covering up ... My brother—all—the whole family is sick. My sister died of cancer in ‘85. It goes on and on. People need some services now.” 

Many of the questions she raised remained unanswered. But she raised them, and she made herself heard. 

Wendel Brunner, unable to attend because of a conference, said in an e-mail to the CAG. “We should remind everyone that Ethel raised the issue of the (Campus Bay) site and the problems with the Regional Water Quality Control Board years earlier than most of the rest of us.” 

A long way 

“We have come such a very, very long way,” said Hancock. 

The lawmaker had come to the CAG to celebrate the passage of legislation that stemmed directly from her experience with the Richmond sites. 

AB 422, signed by Gov. Arnold Schwarzenegger last month, tightens regulatory authority over toxic sites and requires state regional water boards to follow the same standards for water cleanup already enforced by the DTSC. 

Another key provision requires regulators to examine the potential for penetration of new buildings on cleaned-up hazardous waste sites by dangerous volatile organic compounds rising from the soil beneath. 

“The bill has gone through many permutations,” Hancock said.  

Encountering stiff opposition from the real estate development community, the measure stalled in the legislative process during her first effort to win passage. Then last year, after legislators in both houses voted approval, Gov. Schwarzenegger opted for a veto before signing the bill the second time around. 

“It says very simply that human health is a mandate for both the water board and for the DTSC in brownfields,” she said. 

Brownfields are contaminated sites that are remediated to the point when they can be developed. 

“It is a tremendous victory,” Hancock said, “a step forward not only for this community but for every community in the state of California.”  

Thursday night’s meeting ended with a moment of silence in Dotson’s honor.

A new report takes aim at the East Bay Regional Park District for not doing enough to ensure that low-income minority communities have access to open space. 

In “Access to Parkland: Environmental Justice at East Bay Parks,” Paul Kibel, adjunct professor at Golden Gate University’s School of Law and director of the school’s City Parks Project, reviews published and unpublished reports on access to and usage of the EBRPD’s holdings, which cover 100,000 acres of land in Alameda and Contra Costa counties and constitute the largest public park system in the immediate San Francisco Bay Area. 

In the report, Kibel argues that a majority of the district’s land, which comprises 14 parks, 19 preserves, nine recreation areas and 13 shorelines, is located in hillside areas, adjacent to affluent, white communities and often inaccessible to low-income minority residents living in the flatland neighborhoods of Oakland, Richmond, Berkeley, Hayward and Fremont. 

Kibel argues that because people are more likely to visit parks near their own communities, the district’s historic focus on acquiring large tracts of land in the highlands has created disparities in park usage based on income and, by extension, race. Kibel said he hopes his study will highlight the importance of the availability of open space in the fight for environmental justice, which has largely focused on toxics issues. 

In an interview with the Planet, Kibel explained why access to open space is an important component of the environmental justice movement. 

“People who exercise, who have greater access to recreational activities, are more likely to enjoy better health,” Kibel said. “There are mental or therapeutic benefits to interacting in natural settings. There is also the political question: in trying to build consensus for broader environmental policies, it is more difficult when the environmental constituency is limited to a small number of white affluent people. By expanding access to natural settings, we are helping to build a much broader, deeper and more diverse base for environmental protection and natural resource conservation.” 

Kibel said the report aims to start a conversation about the issue, rather than assess blame or accuse any individuals or groups of environmental racism. 

“We really did not want to dictate top-down-wise what should happen next, but to identify the usage pattern and make ourselves available as a resource going forward,” Kibel said. “The district has an advisory committee that could hold public workshops and solicit public comment as a means of soliciting more ideas from their constituents. From that, more concrete proposals would hopefully emerge. We want the solutions to come from the impacted community.” 

Kibel does, however, offer his own solutions in the report. One is for the district to expand its mission of preserving large-acreage wildlands for the purpose of conservation to include acquiring more land near the flatlands and along the shore. Specifically, it says the district should drop its requirement that it only acquire land that is more than 40 acres. 

The report also recommends creating joint power authorities with other agencies to facilitate the acquisition and operation of parkland, and suggests EBRPD work with local transit agencies to improve transportation to its hillside holdings, which are often too remote for low-income residents, who are less likely to own cars. 

The report’s findings don’t surprise Henry Clark, executive director of the West County Toxics Coalition, a nonprofit group that works to reduce environmental contamination in West Contra Costa County. “It is a tragic shame that low-income people, primarily people of color, don’t have transportation to these areas,” he said. “And even if the parks are adjacent to the community—like Park Pinole near Parchester Village (in Richmond)—people historically have been denied access and don’t feel it’s for them, even if it is right next door.” 

Clark agrees with Kibel’s recommendation that the district step up its collaboration with transit agencies in order to improve transportation to parkland, but offers an additional suggestion. “The district also needs to hire park rangers from our community,” he said. 

Not all proponents of expanding open space agree with the conclusions in the report. Norman La Force, chair of the Sierra Club’s East Bay Public Lands Committee, said urban parks like Point Isabel, located near the Richmond flatland community, and Martin Luther King Park, in the estuary near east Oakland’s minority community, would not exist without the help of the regional park district. 

La Force is vice president of Citizens for East Shore Parks, a group that helped establish Eastshore State park, which includes tidelands and upland property along 8.5 miles of shoreline from Richmond to Oakland. The state park was created through a collaboration between the regional park district and the state. 

“Overall, the park district has done a tremendous job,” La Force said, adding that some of the problem of getting more open space in Richmond lies in the political will of African-American city council members, who he says have complained that there are too many parks in their neighborhoods. 

La Force also said it would have been more useful to examine the California State Parks agency, which wants to create more urban parks but can’t get the funding to do so. 

Another critic of the report is Nancy Skinner, a park district board member who represents Ward 1, which includes Berkeley, San Pablo and Richmond. Skinner agrees that the district has historically focused on acquiring large tracts of land in the hillside areas, but says there is no doubt that the recent aim of the park district has been to acquire land along the shoreline, including Breuner Marsh, a 238-acre shoreline area located next to the African-American neighborhood of Parchester Village. 

She points out that the EBRPD was instrumental in the passage of Measure AA, which set aside $60 million for city parks to acquire flatland and shoreline parks and develop programs to serve urban communities. 

Skinner said Kibel’s report “misses the point” and admits that the district needs to do more to increase access. “Rather than looking at the geographic distribution of the parks, the report should have focused on the programs and facilities that we have to reach out to the flatland communities,” she said. “We don’t have a program at Eastshore Park or Tilden Park. We could do better there.”  

Skinner said a bond measure on the November 2008 ballot would provide for more money to city parks for acquisition of parklands and environmental education and outreach programs that target low-income people. 

Today I conducted an act of civil disobedience (my first in quite some time). Using a common kitty litter scoop, I peeled globs of oil from a beach, and placed them in a bucket. I defied not only the Coast Guard, but our own city manager, Phil Kamlarz, who has declared the shore off-limits.  

For days I had held off visiting the shore due to media reports that this type of act was too complicated and dangerous for the public. But with no opportunity to help officially, and nobody cleaning beaches, it was time to act.  

The good news is that a few passersby—joggers and cyclists—stopped, asked, and got involved at this very local level. The department of Homeland Security was seen only overhead, their helicopters slowing at each pass of our cleanup site, radioing commands into the distance. The bad news is that we lacked some equipment (not enough kitty litter scoopers), some discipline (it’s hard to tell someone else’s 10-year-old volunteer how to act), and we attracted others to the beach (some who ignored the signs and our warnings, and left with uncleanable toxic tar on their shoes, dogs, or kids).  

We pulled 150-200 pounds of oil off the beach, and nobody (but the unprepared) even got dirty. The oil came in globs ranging from fist size and down, mostly shiny and wet-looking. Each glob was soft and sticky, but readily rolled into a sandy ball.  

Sadly it seems as if “local” is not in the Department of Homeland Security vocabulary, and that should concern us all. We were not arrested. The officers and officials who visited us were all on paid overtime, not organizing, but spending their time chasing people from the beach. They let us continue, with a stern warning each time, on the grounds that we seemed “prepared.” 

But an organized cleanup would have had so many advantages. The area could have been roped off. The unqualified turned away. The proper technique demonstrated. And most importantly, an official effort could have leveraged the talents of hundreds of people. Imagine how much oil we could have kept off the birds.  

What do you need to take action yourself? Plastic bags, rubber bands, a kitty litter scoop, a small flat stick, and the gumption to sweet talk the officers into letting you stay. Put layers of bags over your shoes. Line a bucket with layers of bags, so you can drop oil in without touching the bucket rim. Hold your stick in one hand, the scoop in the other. Roll each bar of tar until it’s coated in sand, and flip it into the bucket. And if you’ve got extra sand, shake shake shake through the kitty scoop. Sand-covered tar will not be sticky.  

Thin rubber gloves? They’re a good idea, but frankly there’s no reason you have to touch anything. Just clean the area ahead of where you’ll walk, and avoid mashing the oil into the sand. And watch out for that tar—just a tiny bit of it spreads like wildfire over gloves, shoes, and clothes. Pat any stray globs with sand to keep them from spreading.  

Now cleaning rocks is a totally different matter—once it’s on the rocks it’s time to call the Department of Homeland Security. Let’s hope they’re listening, and let’s hope they learn how to leverage local talent before the earth starts shaking.  

Bryce Nesbitt, a Kensington resident, grew up in Berkeley.

Second Lt. Joseph Perkins described it as a small carnival—with its Humvee, Apache Helicopter simulator and climbing wall. A graduate of UC Berkeley, Perkins was one of the army recruiters on campus Thursday, Friday and Saturday.  

Perkins hasn’t seen combat. But if he was called to Iraq, he told the Planet on Friday he’d go. “I signed up,” he said. 

Near Perkins, a young man, dressed in a black T-shirt called out to passersby: “Get your free dog tags here.” 

It was noon on Friday, day two of the three-day army/ROTC marketing effort on campus. 

“We’re promoting the army with games and personalized ID tags,” Filipe Tamayo told the Planet. Tamayo’s not a soldier. He works for LAX, a marketing agency that sends teams all over the country to air shows, concerts and festivals to promote the army. They work in tandem with the recruiters. 

Asked why he hasn’t joined the army, Tamayo hesitated, then said it’s because he likes his job with the marketing firm. 

Others should join, he said. “Basically, the army opens a lot of opportunities for youth,” he said.  

Last month, Associated Press quoted Gen. William Wallace, head of army recruiting, reporting that the army began its recruiting year on Oct. 1 with fewer soldiers signed up than in any year since it became an all-volunteer service in 1973. 

During the 20 minutes or so a Planet reporter hung around the area where the recruiters had set up, only one person tried out the climbing wall and one went into the helicopter simulator. A few picked up free dog tags.  

Most walked by.  

No one protested. 

However, Matthew Taylor, a student in Peace and Conflict Studies, told the Planet on Monday that Friday evening Critical Mass bike riders rode to the recruitment area next to the Haas Pavilion and surrounded it.  

“It’s morally reprehensible that the University of California would allow the U.S. military to recruit people on campus to kill Iraqis. It’s indefensible to allow such a crime,” Taylor said, noting that the student government had passed a resolution in 2005 saying that no recruiting would be permitted on campus. 

“The administration refuses to respect the will of the ASUC [Associated Students of the University of California],” he said. 

No university spokesperson was available Monday, Veterans Day, to respond. 

Joseph Hill, a Laney College student, tried out the helicopter on Friday, explaining that the video simulation had him clearing an area of enemy forces. 

“It was a simulation of an attack; I cleared the way for a mission to make sure they could get through,” he said. “It’s pretty cool; it’s high tech.”  

Hill said when he was 18 he’d tried to sign up for the military, but asthma kept him out. 

Over at the climbing wall, marked on its side with “Go army.com,” Dwight Crow easily made it up to the top. 

“It’s fun,” Crow told the Planet after taking off his safety helmet. A senior in chemistry, Crow said he didn’t think the marketing efforts could change the mind of anyone who wasn’t already planning on joining the army.  

He said he has no plans to join and shook his head no when asked if he supports the war. 

But Crow said he doesn’t oppose the military. “It’s not the army, it’s the politicians,” he said. 

Photo by Judith Scherr 

UC Berkeley senior Dwight Crow tackles the U.S. Army climbing wall Friday, part of a three-day effort in Army and ROTC recruitment on campus.  

The State Historical Resources Commission unanimously approved the nomination for the Berkeley High School campus to be listed on the National Register as a historic district Friday. 

The nomination, which took place at a meeting in Palm Springs, will be forwarded to the National Register in Washington, D.C., for review. 

“It’s very seldom that a recommendation from the state is overturned,” said Lesley Emmington, a staff member of the Berkeley Architectural Heritage Association (BAHA). “I can’t think of a case. The National Register will probably take three months to decide.” 

The Berkeley Landmarks Preservation Commission’s vote to nominate the campus to the National Register earlier this month was tempered with the acknowledgment that the old gym on the campus, itself the subject of a landmarking battle and now slated by the Berkeley Unified School District for demolition, had been neglected and altered, and that a number of non-historic structures occupy the southern part of the campus.  

Located on four consolidated city blocks in downtown Berkeley, Berkeley High was the first high school in California to be built according to a campus plan and is the only collection of school buildings in Berkeley which comprises different architectural styles of early 20th-century school designs. 

Emmington said that in the event the campus is nationally landmarked, the school district could still go ahead with the demolition. 

“They have a burden on their hands now,” she said. “If it’s nationally landmarked, the State Historic Building Code can be applied. There should be a conscientious decision about a retrofit plan. It’s an irreplaceable resource in terms of defining a high school and a high school tradition.” 

Marie Bowman, a member of Friends Protecting Berkeley’s Resources, the group responsible for writing the historic district nomination, said that the school district had sent a letter asking the state to exclude the old gym since it lacked the integrity needed to belong in the historic district. 

In her letter to Milford Wayne Donalds, the state historic preservation officer, district Superintendent Michele Lawrence stated that the different buildings on the Berkeley High Campus could be more accurately defined as “several districts rather than one cohesive district.” 

“We think the important consideration for the commission is to avoid creating a historic district when there is no reason to create one,” the letter stated. “If the commission determines that an historic district is warranted, we would suggest that the district include only the Art Deco Buildings (G, H and the Community Theater) and no other buildings or landscaping.” 

According to the letter, the school district’s analysis of the old gym concluded that the most important historical characteristic of the building was not its original look or design, but its structural retrofit completed in the 1930s. 

It warns that the retention of the building would “hinder the full utilization of the school site for educational use.” 

Lawrence urged the commission to take note of the fact that the building had been severely modified since its original construction and that the 1936 seismic upgrade was “woefully inadequate.” 

“I rebutted it [the letter] at the meeting,” Bowman told the Planet from Palm Springs. “The state and their staff discussed the campus as a collection of buildings. I am proud that it’s finally happened after all this time. The school district had the chance to work with the community to preserve the building but they didn’t. Hopefully, they will have more respect for the community now.” 

The Friends sued the school district in March for what it charged was an inadequate environmental impact report on the demolition of the gymnasium and warm water pool within its Berkeley High School South of Bancroft Master Plan. The school district plans to build classrooms and a health facility on the site of the old gym. 

District superintendent Michele Lawrence was not available for comment Monday. 

“Our reaction to the news is neutral,” said district spokesperson Mark Coplan. “It’s important to understand that our current plan continues to maintain the historic footprint and integrity of the campus plan.The landmarks commission itself said that the buildings on the south end of the campus are in poor repair but that it doesn’t affect the landmark status.”

Members of the Oak-to-Ninth Referendum Committee have decided to drop their lawsuit over Oakland City Attorney John Russo’s decision last year to throw out petitions calling for a citizen vote on the controversial development project. But opponents and proponents of the lawsuit were as divided over the reason for voluntary dismissal as they were over the lawsuit itself. 

In a Friday afternoon press release issued even before the committee had formally decided to drop their lawsuit, Russo said that “the Referendum Committee has repeatedly tried to keep the public from knowing the facts of this case. Now, just before they have a chance to argue their case in court, they announce their intention to dismiss. That says a lot about the validity of this lawsuit.” 

But Oakland League of Women Voters president Helen Hutchinson, a spokesperson for the referendum committee, responded by telephone that “validity” had nothing to do with the committee’s decision to drop the lawsuit. 

“We dropped the lawsuit primarily because we ran out of money,” Hutchinson said. “We could never get to the heart of the matter because we were sidetracked by legal side issues.” 

Hutchinson said that the heart of the matter was “the development, first, and then our right to petition our government. And they were successful. They drained our bank account.” 

And Oakland Green Party member Kate Tanaka, a referendum committee member, said by telephone that “in order to get through the next round of depositions, we would have had to spend more than we currently have in the bank, and we weren’t sure that there wouldn’t have been another round of motions to follow. We were up against a phalanx of attorneys representing the city and the developers, and we only had one attorney ourselves.”  

Tanaka added that “it breaks my heart that we couldn’t get Russo inside a court to explain why he allowed City Council to approve the development agreement in violation of the City Charter.”  

Hutchinson said that her group had hoped to speak with supporters before filing the dismissal, but were pre-empted by the city attorney’s Friday press release. Hutchinson said that committee attorney Stuart Flashman plans to file the dismissal on Tuesday. 

The voluntary dismissal of the referendum lawsuit does not mean that the Oak-to-Ninth development will now go forward. Still pending is a consolidated lawsuit by a coalition of environmental organizations, one by Oakland environmental advocate Joyce Roy and the Coalition of Advocates for Lake Merritt (CALM) on grounds that the project violated the California Environmental Quality Act (CEQA), and the second by the Oakland Heritage Alliance calling for the saving of the Ninth Avenue Terminal. Under the Oak-to-Ninth development agreement approved last year by City Council, the terminal would be virtually destroyed. 

Members of the Oak-to-Ninth Referendum Committee—a coalition of local organizations including, among other groups, the Jack London Neighborhood Association, the Oakland Green Party, the Sierra Club, and the Oakland Green Party—filed their lawsuit more than a year ago after submitting more than 25,000 signatures on petitions calling for a referendum on the proposed 3,100-residential unit, 200,000-square-foot commercial space development Oak-to-Ninth project. 

Russo threw out the petitions in September 2006 on the grounds that the development agreement attached to the petitions was not the final version of the agreement ultimately approved by Oakland City Council on a 6-0 vote earlier that summer. 

In last Friday’s press release, the city attorney’s office said that “the signature drive used an incomplete and misleading version of the Council’s ordinance—one that gave incorrect information about important issues such as open space and public access to the waterfront. A committee leader admitted under oath that they knew they were using an incomplete draft of the ordinance.”  

Referendum committee members countered that the version of the agreement attached to the petitions was the version on the city’s website that the Oakland City Clerk’s office referred them to when they began their petition drive, and what Russo called the final version was actually amended following the council’s final vote on the agreement, an action committee members called a violation of the Oakland City Charter. 

The city attorney’s press release also added that “state law also required signature gatherers to be Oakland residents. Discovery revealed that some out-of-town signature gatherers lied under oath by claiming that they lived in Oakland.” 

Hutchinson said she did not know who was deposed during the discovery phase of the lawsuit or what individuals may or may not have said. But she added that the committee had a California Secretary of State’s opinion that the qualifications of signature gatherers should not be at issue in determining the validity of petition signatures. 

“But to argue that issue, we would have had to go to the California Supreme Court, and we didn’t have the money for that,” Hutchinson said. 

Tanaka added that “I would have thought that city officials would have been happy to work with us to determine if city residents actually wanted to have this project, instead of working so hard against us. I can’t tell you how outraged I am by this.” 

A year ago, when the referendum lawsuit was first filed, the Oakland city attorney’s office appeared far more sympathetic to the group’s claims than it did in last Friday’s press release. 

Last year, the former public information officer for the city attorney’s office, Erica Harrold, said in a telephone interview called it a “draconian state law” that mandates that a petition for a referendum overturning a city ordinance—including the final version of the ordinance—must be turned in no later than 30 days after the final passage of the ordinance, even though state law does not give a timetable as to when the final version of the ordinance must be made available to the public. 

Referendum committee members said they did not actually receive a copy of the ordinance—which even then proved to be the copy Russo did not consider to be the final version—until 10 days had already passed following the passage of the Oak-to-Ninth development agreement. 

“We need to rework the state law so that the 30-day clock doesn’t start ticking until there is publicly available a stamped, final version of the ordinance,” Harrold said last year. Until that law is changed, she added, “our hands are tied. What else can we do? The city attorney’s office believes we were on solid ground” in throwing out the petitions.

California State School Superintendent Jack O’Connell said in an e-mail to an Oakland education activist this week that despite his belief that state school takeovers should be a “last option,” local control of the Oakland Unified School District will continue to be withheld until “the time is right.” 

Oakland education activist Susan Harman—who earlier this year testified in Sacramento in favor of Assemblymember Sandré Swanson’s ultimately vetoed AB45 Oakland local control bill—wrote O’Connell an e-mail inquiry in early November after seeing an October New York Times article on the No Child Left Behind federal law. 

In that article, the state superintendent said it was “unreasonable” under NCLB that some 700 California public schools were in danger of state takeover. “To have a successful program,” the Times quoted O’Connell as saying, “it really has to come from the community.” 

After Harman e-mailed O’Connell to point out the difference between this position and O’Connell’s opposition to Swanson’s local control bill, O’Connell responded that he saw no discrepancy.  

“California’s educational system relies on local control for the management of school districts on the theory that those closest to the problems and needs of each individual district are the best able to make appropriate decisions on behalf of the district,” O’Connell wrote. “I strongly believe that successful programs require a partnership between the district governing board and the surrounding community. However, the circumstances surrounding the takeover of Oakland Unified School District (OUSD), included the state Legislature passing an emergency $100 million loan for an insolvent Oakland district, leading to state control of the school system. The district's insolvency, no matter who was ultimately at fault, did not bode well for the district's future ability to properly educate its students regardless of positive strides made through the nascent small school reform movement beginning to take shape at the time. Since then, the Fiscal Crisis and Management Assistance Team (FCMAT) has a proposed recovery plan, which outlines the improvements that would have to be achieved by the OUSD in order to reach fiscal solvency and be returned to local control.” 

Oakland’s schools have been under state management since a massive budget shortfall was discovered by OUSD school officials in 2003. No allegations of malfeasance were ever alleged, and the causes for the shortfall have been generally attributed to an earlier teacher pay raise and a drop in district income due to an unexpected decrease in attendance. 

Swanson’s bill, passed by the legislature but vetoed by Governor Arnold Schwarzenegger, would have taken the discretion for return to Oakland Unified local control out of the hands of the superintendent’s office and tied it directly to FCMAT’s recommendations. Under current law, the state superintendent makes a final decision on local control in any of five operational areas after FCMAT recommends that local control can be returned. O’Connell has never spelled out exactly what criteria he will use in determining when OUSD will be ready to be returned to local control.  

FCMAT has completed its latest round of assessments of OUSD and has tentatively scheduled a release of its recommendations at a special OUSD meeting on Thursday, Dec. 6. 

The Memorial Stadium tree-sit sustained its second major casualty Sunday night when one of the protesters fell, breaking an arm and a leg. 

Nathaniel Hill fell as he was negotiating a rope line to descend from his aerie to meet his father, who had arrived from the East Coast for a visit, said Zachary Running Wolf. 

Hill was the second tree-sitter to suffer a bone-breaking fall. A woman broke her wrist in June when she was climbing a trunk after UC Berkeley Police had removed climbing lines, said Running Wolf. 

Meanwhile, student protesters continue to occupy perches in the branches of Science Hill on the UC Santa Cruz campus, where a tree-sit challenging that university’s growth plans was launched last week. 

Running Wolf said Berkeley tree-sitters have been in regular contact with their counterparts to the south. 

“We are quite impressed by their student participation,” said the Native American activist. Most of the Berkeley tree-sitters haven’t been students, in contrast to those in Santa Cruz, though students have been a small but continuing presence in ground-support activities. 

Hill is a former professional lacrosse player and has been a sometime participant in the Berkeley tree-sit for the past 10 months.  

In Santa Cruz, hundreds of students turned out for the protest last Wednesday, when a combined police force drawn from campus units in Santa Cruz and Berkeley, bolstered by officers from the Santa Cruz city and county law enforcement agencies, retreated in the face of student action. 

The Berkeley protest entered its 347th day Tuesday, almost a year after Running Wolf ascended into the branches of a redwood along the western wall of Memorial Stadium during the predawn hours of last year’s Big Game day. 

Campus police have since erected two parallel fences surround the grove that university officials want to fell to make way for a high-tech gym and office complex. 

Running Wolf has charged that the site is a sacred burial ground, and conflicting reports state that one or more than a dozen native burials were found during construction of the stadium itself. 

One court has already ruled against the protesters—Alameda County Superior Court Judge Richard Keller issued a preliminary injunction against the tree-sitters and their supporter team. 

In a second case, Judge Barbara J. Miller is scheduled to rule in the weeks ahead on whether construction of the gym complex can move forward. 

The City of Berkeley, project neighbors and environmentalists have joined in the second lawsuit. 

Running Wolf blamed Hill’s fall on the university’s decision to double-fence the grove, forcing protesters to negotiate ropes strung beneath the trees to make their way out of the enclosure. 

University officials contend that the protest is both reckless and illegal and say they want it to end so that construction can begin promptly if Judge Miller rules in their favor. 

While university spokesperson Dan Mogulof said the school has no intent to forcibly remove the protesters from their perches, Running Wolf said that he expects the action to occur during the winter break when students have left campus for the Christmas holiday. 

Meanwhile, students in Santa Cruz have been holding events at the site of the Science Hill protests, including film screenings, a class in mushroom identification, talks on the university’s Long Range Development Plan and a daily 4 p.m. potluck dinner and gathering. 

The Santa Cruz protesters have their own website at lrdpresistance.org.

Berkeley Planning Commissioners will tackle Demon Rum Wednesday night—or, more precisely, a proposal to tighten the rules on its purveyors. 

The ordinance up for consideration during the public hearing would give the city greater power to seize liquor licenses of merchants with businesses in areas where they wouldn’t be able to obtain licenses today. 

Licenses of so-called non-conforming business could be seized if the liquor stores were closed for more than 90 days. 

The proposed ordinances would also give citizens a power currently reserved for government by allowing them to initiate actions to declare merchants public nuisances. 

The final change would give the Zoning Adjustments Board (ZAB) greater flexibility in its capacity to rule on new license applications. 

The package of measures follows a campaign to tighten liquor law enforcement initiated by the Berkeley Alcohol Policy Advocacy Coalition (BAPAC). 

The City Council adopted some of the BAPAC proposals dealing with private parties in February, but zoning ordinances are referred to the Planning Commission for consideration before final council action. 

Density bonus 

The commission will also discuss recommendations for a new city ordinance governing the density bonus given to housing developers who include rental units or condos priced for tenants and buyers who might otherwise be unable to afford them. 

City officials have said that the existing policies, governed only by the state density bonus law, would have allowed the proposed Berkeley Arpeggio (otherwise known as the Seagate Building) to rise to 14 stories on its planned location on Center Street opposite Berkeley City College.  

The Los Angeles City Council is currently considering its own density bonus law, which is much less generous to developers than Berkeley’s current policy. 

A joint subcommittee of ZAB and the Planning and Housing Advisory Commissions spent more than a year working on a draft proposal. 

Wednesday’s meeting begins at 7 p.m. in the North Berkeley Senior Center, 1901 Hearst Ave. at Martin Luther King Jr. Way. 

The Berkeley Board of Education will vote Wednesday on whether to hire Emeryville-based Baker Vilar Architects to design Berkeley High School’s new bleachers and prepare plans for demolishing its old gym. 

School board spokesperson Mark Coplan said that huge locker rooms have been proposed underneath the bleachers. 

The architects, who were also hired to design the Martin Luther King Middle School Dining Commons, will also frame the time line for the demolition. 

The State Historical Resources Commission unanimously approved the nomination for the Berkeley High School campus to be listed on the National Register as a historic district Friday. The proposed historic district includes the old gym, itself the subject of a landmarking battle. 

The Friends Protecting Berkeley’s Resources—the group responsible for writing the nomination—had sued the school district in March for what it charged was an inadequate environmental impact report on the demolition of the gymnasium and warm water pool within its Berkeley High School South of Bancroft Master Plan. 

Warm pool users are also against the proposed demolition, which they feel threatens their use of the pool. 

The school district plans to build classrooms and a health facility on the site of the old gym. 

Wednesday’s meeting will be held at 2134 Martin Luther King Jr. Way at 7:30 p.m.

An e-mail from an old friend chided me recently for this space’s seeming pre-occupation with local land use issues (and with opera). He pointed out that serious national matters like Sen. Dianne Feinstein’s inexcusable endorsement of Michael Mukasey deserve attention too, and he’s got a point. Luckily here in Berkeley we’ve got a good number of writers, some better than me, to keep track of Feinstein’s lapses, and they’re doing a sterling job, so we are off the hook.  

Why are we so preoccupied with land use? At my age, despite any efforts I might make, I won’t personally be using land in Berkeley for more than a couple of decades longer, even in the best case that I live as long as my parents have. If things get bad enough, I could afford to go elsewhere. Someone’s children and grandchildren will be living here, but they won’t necessarily be mine. So why do I care? 

Deep down, it’s because I believe that the ability and responsibility of citizens to shape the environment around them is central to the American democratic tradition. For those of us who have always lived in cities, the built environment that we’ve inherited is just as important as the untouched natural environment outside of urban areas. Those of us who care about such things are fond of quoting John Ruskin, who labored long and hard in 19th century England to stop the demolition of ancient buildings. Here’s a sample, contributed by Jane Powell in response to local efforts to gut the Landmark Preservation Ordinance: “Old buildings are not ours. They belong, partly to those who built them, and partly to the generations of mankind who are to follow us. The dead still have their right in them: that which they labored for… we have no right to obliterate.” 

But conserving the best of the old is only part of the story. The other legacy which we have the obligation of preserving for future generations is more intangible: the space, the views, the street amenities which we’ve inherited along with the buildings. A number of years ago there was a push to build a new subdivision on the hill above Claremont Canyon. Some of us who look up at that hill got to work to stop it by persuading the East Bay Regional Park district to accept stewardship of the property. The park board held a hearing. There our then-supervisor, the late John George, who was a powerful orator in the old African-American church style, spoke of coming to Berkeley for the first time and being reminded of the biblical phrase “I will lift up mine eyes unto the hills.” He urged the board to preserve that view for future flatlanders, and they did so.  

The views of hills from the flats, not just the view of the flats from the hills, are again at risk. In recent meetings a coalition of Downtown Area Planning Commissioners who don’t always agree on everything have put together a compromise land use plan which passed by a respectable majority, but which is already under attack by development interests even before the ink is dry.  

On the facing page we’re reprinting a bit of e-mail sent to DAPAC which has been in general circulation over the last week. It is the clearest evidence imaginable for the charge that there has been a struggle in Berkeley in the last few years between local citizens and advocacy planners on the public payroll for control of the city’s soul.  

Mark Rhoades, a recently resigned planning department staffer, expresses in it his obvious contempt for the plans which have been made by generations of Berkeley residents, which he was supposed to be faithfully administering while he worked for them. He’s entitled to his own opinion now that he’s a private citizen, but as a public servant his attitude was all wrong, and this e-mail shows it. And even more important, his reasoning then and now is equally poor. 

The minority members of DAPAC (including Rhoades’ wife, a recent appointee), in a last ditch effort to save their beloved 16-story buildings, advanced the argument that hoped-for improvements in downtown amenities couldn’t be paid for without much more and bigger building construction. That is supposed to produce the “impact fees” Rhoades’ letter alludes to, though even he admits that these haven’t panned out so far. He says “it is all simple math and the data is [sic] out there.”  

Well, the data is (or are) indeed out there, and he’s wrong. There have been many studies ever since Proposition 13 was passed, long long ago now, which show that new development almost always costs more to service than it returns in revenue. The whole darn state is now (poorly) supported by retail sales taxes, which is why we have so many new shopping malls.  

The Daily Planet hereby offers a prize of a $100 gift certificate, to be used at any downtown restaurant or theater, for anyone who can prove that an influx of new residents and/or office buildings downtown can pay for itself—can pay the city more than the cost of providing the services and infrastructure it will need. An additional bonus prize of another $100 gift certificate will be awarded for further proof that any such development can ever produce a surplus which can be employed for public amenities like a creekside plaza on Center Street. 

And this is where I part company with my friends who voted with the DAPAC majority to compromise on “just a few” extra-big buildings. The oldest negotiating tactic in the book is to ask your opponents first to list everything they might want from the deal, and then to argue that they can’t get it without approving what you want yourself. The majority votes on DAPAC came from the civic-minded people who are interested in public benefits: transit, open space, low-income housing. They’ve been convinced that somehow allowing big buildings downtown will make all this possible.  

I think the old bait-and-switch deal might just still be at work. We’ll get the two 20-story hotels, all right, but the city will waive the hotel tax—that deal is already under study by developer-funded consultants with the city council’s blessing. And the buildings will end up being more than half condos instead of taxable hotel rooms.  

But then, I’m a cynic. It’s in my job description. 

If anyone wonders if there’s a role for classical music in the hard-edged 21st century, they should acquaint themselves with the Oakland East Bay Symphony, which had its season’s opening on Friday night at the Paramount in Oakland. We go to a good number of musical events, some of them really big hits with their audiences, but it’s only at the Paramount with Maestro Michael Morgan wielding the baton that bravura performances are rewarded with shouts of “right on” from the balcony. Sometimes (horrors) they come even after a particularly thrilling movement, in defiance or ignorance of the classical convention which counsels waiting until the whole piece is finished to cheer. It’s not just polite clapping, or even the vigorous foot-stomping on the wooden floor of Berkeley’s First Congregational Church which is used to applaud the Philharmonia Baroque Orchestra. When the enormous Paramount audiences like something, it’s expressed by full-throated roars, often ornamented with the kind of piercing whistles normally heard at rock concerts or baseball games.  

Since this paper usually reserves its review space for repeating events which our readers have future opportunities to attend, we didn’t have an assigned reviewer at Friday’s concert. We did see one of our regular reviewers there, and she loved it, but she won’t be writing a review for us. Instead, we’d like to direct our readers to Joshua Kosman’s review in Monday’s San Francisco Chronicle. (This is partly to maintain our reputation for being “fair and balanced,” since a reader commentary in these pages last week pungently denounced the Chron’s editorial judgment for its defense of Diane Feinstein’s vote for Michael Mukasey.)  

I’m no reviewer myself, just a devoted audience member, and in this case even if I were it wouldn’t be cricket for me to praise the evening’s star soloist, Hope Briggs, since she’s a long-time friend. Instead, let me just quote a bit from the impartial Mr. Kosman, in case you’ve cancelled your Chron subscription in response to last week’s diatribe: 

“Her singing was proud, defiant and full of pizzazz, both tonally and dramatically... Friday’s performance was the work of a singer unafraid to make a large, energetic statement, and able to back that up with commanding technique and smooth, eloquent phrasing. All that, and she holds the stage like a true diva...Her finest showing came midway through the set, with a rendition of “Tacea la notte placida” from Verdi’s “Il Trovatore” that was both voluptuous and pure-voiced. The opening phrases were shaped with eloquent directness, and with Morgan’s aid, Briggs then brought the aria to ever-greater heights of intensity and emotional fluency....” 

Take that, David Gockley. In case you’re not an opera fan, it’s possible you missed San Francisco Opera manager Gockley’s gaffe last summer, when he dumped Briggs from a production of Don Giovanni in questionable circumstances after the final dress rehearsal. Kosman wisely steered away from that controversy in his review, but since I’m not a reviewer myself I’m free to comment on it. (I am qualified to review Hope’s red dress, which was smashing.) 

The always-vocal crowd at the Paramount loved Briggs just as much as Kosman did. It was the usual mix of elegantly dressed matrons and patrons, many of them African-American, and schleppy Berkeleyesque types, both the seedy graying academics and the blue-jeaned young. A fair number, male and female, even sported the obligatory display of tattooed biceps. But whoever they were, and however unlikely it seemed to find them all in the same hall, they love the OEBS and they adored Briggs—they roared their approval after every aria. 

I didn’t see Gockley there, though I did recognize some regulars from Tuesday nights in the balcony at the opera house. One hopes he sent a flunky to listen and watch. He might learn something. 

His arrival at the San Francisco Opera was accompanied by a lot of fanfare about his track record in Texas as a popularizer. He’s tried to live up to it by staging televised performances with video screens in the balcony, and he’s even beamed a few shows to novel venues like the San Francisco ballpark which should be called Willie Mays Field if sportswriters had any guts.  

Is any of this working? Is opera attendance up? Judging by the smallish crowd in the balcony the night we saw The Magic Flute, which isn’t hard to like and was charmingly staged, I doubt it, but I don’t know for sure. 

What’s certainly not helping are the raucous, vulgar and cloyly patronizing SF Opera commercials, starring Mr. Gockley in person, which blast the ears in between musical selections on genteel KDFC. The message appears to be that opera is for everyone, but the effect is simply to make me, and I suspect most listeners, switch stations as fast as possible to classic jazz on KCFM. It may come as a surprise to someone who’s lived in Texas for a while, but there’s a sizable number of music lovers who don’t listen to Grand Old Opry but might be persuaded to enjoy grand opera with the right incentives. Including, for example, the presence of a glamorous and well-loved home-girl diva like Hope Briggs. 

But don’t take my word for it. Here’s one more real reviewer, Jack Neal, who heard Hope’s recent performance as a last minute replacement for the scheduled star of Nevada Opera’s Aida: 

“Briggs sings magnificently and brings magnetism, majesty and considerable magic to Verdi’s Ethiopian princess doomed by her across-the-border love for Radames, commander of Egyptian forces....There’s not a moment when Briggs’s singing does not thrill. Her Act III aria, “O cieli azzurri” is regal in tone, passionate in demeanor, and a sensation of vocal agility. There’s no reason why Briggs should not become a major star on the international opera scene.” 

Are you listening, Mr. Gockley? Here in the Bay Area, audiences would like to hear Hope Briggs again, and soon. She might even persuade some of her Oakland fans to BART across the bay for a change. 

CLEANUP PART II 

Editors, Daily Planet: 

This is a clarification. The oil clean up events described in my Nov. 13 article “By Any Means Necessary” took place over the weekend, prior to the availability of officially sanctioned training. At this point, I urge all interested volunteers to try and get into one of the official sessions. 

But that said, it’s a shame these training were not offered immediately after the spill. In the early days it was quite easy to get large quantities of oil out of harm’s way, with little fuss or special equipment. With each passing day the tar balls are breaking into smaller pieces, getting harder, getting tangled in debris, or stuck on rocks, and requiring a much more intense and messier cleanup. Joggers and dogs have returned to these partially cleaned beaches, mashing the oil deeper into the sand, and tracking it onto the Bay Trail (and then back into our community). 

If you’re not cleaning up the oil, please stay away from it. Oil is on every beach, and every part of the shore, though it’s not always apparent at first glance. 

And remember: The Cosco Busan brought tons of inexpensive consumer goods to our stores. Chances are you bought something from the ship this week. 

Bryce Nesbitt 

Kensington 

• 

BUNKER FUEL 

Editors, Daily Planet: 

Like many other Berkeley residents, I went down to the Marina to see the oil slicks and the dirty sea birds. It was depressing. But I don’t think I want to sign any petition to ban bunker fuel. The accident wasn’t caused by the oil, but by radar failure and control confusion on the ship’s bridge, abetted by fog. 

Freighter watching is a hobby of mine. I ride the 63 bus out to the Alameda Ferry Terminal, where there’s a good view of container ships at the docks. I’ve seen plenty of ships like Cosco Busan come and go, bringing low-priced goods from across the Pacific and carrying our goods over there. The passage across the bay and under the bridge is not terribly dangerous, but it does require careful attention. 

Yes, bunker fuel is cheap, and yes, it’s dirty. But if we want to require the container ships to use a higher grade fuel, we will drive up the costs of those trans-Pacific goods we so enjoy. And we could still spill the higher-grade fuel. 

We are willing to tolerate tanker trucks going at high speed on our highways, even after a major accident. We are willing to tolerate diesel trucks idling at the Oakland docks. 

We are willing to tolerate a huge number of cars on our roads, carrying only the driver. We resist riding public transit. Some of us don’t want to expand public transit if it involves any loss of parking or car lanes.  

We can’t bring ourselves to fully ban cigarette smoking. We are content with having high-fat meals available in our fast-food restaurants. 

I think we may as well put up with the bunker fuel and the container ships. They are part of the lifestyle we want to lead. 

Steve Geller 

• 

REPEATING HISTORY 

Editors, Daily Planet: 

Spanish-speaking immigrants all around us. The ones doing the menial jobs that most Americans don’t want to, or don’t have the time to do, are the descendants of what once was the world-class Spanish Empire. What happened to this center of culture, wealth and power? Spain’s overreaching military ambition with the then-unbeatable Spanish Armada failed; that broke its military and its bank.  

Recent news informs us a record-breaking loss of American lives has been racked-up in Iraq this year, and in a different story, Bush’s administration of our government has slumped us to an all-time, mind-boggling, record-breaking national debt of $9 trillion.  

Those who don’t know history, George, are doomed to repeat it. Those in Congress who enable Bush’s ignorant policies doom us all.  

Bruce Joffe 

Piedmont 

• 

A MATTER OF CHOICE 

Editors, Daily Planet: 

This is a reply to Jerry Landis who wrote in Nov. 13 Daily Planet that there are more unhealthy things than cell phone antennas. For instance, he wrote putting a cell phone next to your ear; I have the choice not to do that and I do not do so. He wrote breathing near Center and Shattuck; I do not have to be there. He wrote eating a burger and fries; I have the choice not to eat them. He wrote standing near your microwave oven; I do not have such an oven. He wrote drinking Coke; I do not drink such beverages. He wrote voting for Republicans; I have the choice to vote for Cindy Sheehan.  

For all the things he wrote in his letter, I have the choice to do what I wish. One thing Mr. Landis does not understand is that people who do not use cell phones will be bombarded by radiation. They do not have the choice to avoid this radiation. The keyword is choice, sir. Using a cell phone is an artificially created need that fits very well with consumer societies. One thing I know is that I do not wish to be irradiated since others like to talk nonsense on their cell phones. Perhaps, you can put a set of antennas on your roof, Mr. Landis. 

Helena Bautin 

• 

AC TRANSIT NO. 19 

Editors, Daily Planet: 

If you’re concerned about the operation of the 19 line on Cedar Street and believe that residents along the Cedar corridor have a right to bus service, please come to a meeting being held by AC Transit at the North Berkeley Senior Center on Thursday, Nov. 15 at 6 p.m. and speak in favor of the operation of the line on weekends and weekdays. 

The Sierra Club is supporting the full operation of this line on Cedar Street on weekdays and weekends. Some residents do not want the bus to operate on Cedar St. and have sued AC Transit in the past in order to stop the service. Please come to the joint meeting on Thursday to speak in support of the No. 19 bus line if you can. 

Len Conly 

• 

BUS RAPID TRANSIT 

Editors, Daily Planet: 

I was sad to see that rather than advance the discussion on Bus Rapid Transit (BRT) in Berkeley/Oakland, Charles Siegel chose to attack my intelligence, or lack thereof. Sad yes, but not surprised. This seems to be standard operating procedure these days in the Bay Area; attacking the person rather than just agreeing to disagree. 

For those readers who are bit more open-minded, my bona fides are as follows: I have worked 15 years in the transit industry. I’ve been a conductor at Amtrak, and a bus operator at VTA and AC Transit. I’ve been in the trenches working with the public, not behind a computer screen. Does Mr. Siegel have more experience than I? As much? Any? 

My observations were based on operating a bus on the routes of the proposed BRT, having seen the traffic when a small portion is blocked by road work or something as simple as a delivery truck. 

My dislike of transit experts stems from the simple fact that neither I, nor any of my coworkers I’ve spoken with, have ever had any of these experts actually ride the bus with us and ask our opinions. No “study” or computer simulation can match actually being in the bus. Those readers who ride the bus regularly should ask their operators if they’ve ever been consulted as to route changes, traffic patterns etc. 

I am a believer in mass transit, and not just because I earn my living in it. But I also believe that the overriding goal of any mass transit project should be to move the greatest number of people at the lowest possible cost, and to not cause such pain to people who must drive (and yes there are people who must drive), business owners ,etc., that there is a backlash against future transit projects. 

I think that this issue could be put to rest with very little cost. Take some moveable barriers and block off the two center lanes from say Telegraph and Ashby to Telegraph and 40th Street and International and Fruitvale to International and High Street. Then actually observe the traffic in real time before hundreds of millions of dollars are spent. 

Dean Lekas 

• 

DEMOCRACY 101:2 

Editors, Daily Planet: 

A lot of people have it stuck in their head that this is a Republic, but not a Democracy. I wonder how many of you believe that. I wonder how many times the city attorney has told you that. In any case it is not true. Decisional law is still on our side. It was established narrowly, with dissents from the right-wingers on the court. Indeed, it is the responsibility of the Supreme Court to define such a matter of constitutional law. Here is the declaration that is now settled law on this matter: 

From U.S. Term Limits v. Thornton (1995) 779, 821: 

As Chief Justice John Marshall observed: “The government of the union, then, . . . is, emphatically, and truly, a government of the people. In form and in substance it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.” McCulloch v. Maryland, 4 Wheat., at 404-405. 31 Ours is a “government of the people, by the people, for the people.” —Abraham Lincoln, Gettysburg Address (1863).  

This is not just a matter of conceit or a lot of hot air, although it might sound that way. It actually intends to establish that, even though it is not spelled out in the Constitution, Democracy is implicit throughout that document. It does not mean to say, in the Bushian/Orwellian/Albuquerqueian sense, that no matter how fascistic or anti-democratic the government actually becomes, it is nonetheless to be regarded as perfect in our own estimation. It is sad that this even has to be stated, but of course it does, because we are now living in a thoroughly Orwellian era wherein such idiocies are now commonplace. Just lift that cell phone up to your ear and you will know immediately what I am talking about. You will feel like a different person—take our word for it. 

Peter Mutnick 

• 

ANIMAL WELFARE 

Editors, Daily Planet: 

Californians have a long history of supporting reasonable animal welfare reforms, and citizens now have a chance to take a further step toward that goal by qualifying and then passing a ballot initiative—the Prevention of Farm Animal Cruelty Act—to stop the most inhumane treatment of animals raised for food. 

This moderate measure merely requires that animals on farms be allowed to turn around and extend their limbs. On industrial-type factory farms, even this most basic standard of humane treatment is often violated. This ballot measure will prevent three of the most extreme forms of confinement in animal agribusiness: veal crates for calves, battery cages for egg-laying hens, and gestation crates for breeding pigs. 

Californians for Humane Farms is in the process of collecting 650,000 signatures to qualify the measure for the November 2008 ballot. California citizens can help by visiting www.HumaneCalifornia.org and signing up to volunteer. Even animals raised for food deserve humane treatment. 

Wayne Pacelle 

President and CEO 

The Humane Society of the United States 

Washington, D.C. 

• 

ROBERSTON, GUILIANI 

Editors, Daily Planet: 

Why Pat Robertson’s endorsement of Rudy Guiliani for president? Birds of a feather flock together. Guiliani was busy committing adultery (Isn’t that why evangelicals hate the Clintons), getting divorced for the third time and rooming with a gay couple. Pat Robertson, religious icon of the fundamentalist right, blamed Hurricane Katrina on America’s wanton ways—urged the assassination of Venezuelan President Hugo Chavez—and said that liberal judges are a greater threat to America “than a few bearded terrorists who fly (planes) into buildings.” 

The Republican base is composed of anti-abortionists, anti-gay activists and social conservatives. Both Guiliani and Robertson want to retain power and the White House at any cost, so the meeting of minds and the bending of conventions. 

Ron Lowe  

Grass Valley 

• 

ABAG’S DEVASTATING  

IMPACT ON BERKELEY 

Editors, Daily Planet: 

I stand corrected by Revan Tranter, former executive director of ABAG (Nov. 9). ABAG didn’t “loan” Patrick Kennedy $72 million for apartment buildings which he sold for $150 million to a mega-corporation. ABAG was merely the issuer of the debt instruments (loans).  

I’d like to remind (or inform) people of the pattern of corruption surrounding this complex money-funneling venture. As reported in a letter to this newspaper in 2003, then-Zoning Officer Mark Rhoades signed a document stating that all permits had been obtained for the Touriel Building—prior to the hearing at which said permits were to be approved. This was done in order to enable Kennedy to secure, by the relevant deadline, financing issued (but not loaned) by ABAG. 

At the time, Kennedy was widely believed to have bought influence over our City Council through campaign contributions. It is rumored that he openly declared, “I bought ‘em fair and square.” 

Some Berkeley citizens tried to figure out the approval process for the financing of his projects. The loans were apparently approved at meetings which were noticed only in a newspaper that could not be purchased anywhere in Berkeley. We learned this too late to be able to inform the decision makers about what was occurring in Berkeley.  

I hope that Mr. Tranter will try to encourage ABAG’s financial experts to approve funding for worthy institutions like Lifelong Medical Center (which actually helps people), rather than for developers who will simply unload the projects to corporations, and pocket the profit. 

Gale Garcia 

• 

IMPEACH CHENEY 

Editors, Daily Planet: 

On April 24, U.S. Representative and presidential candidate Dennis Kucinich introduced H. Res. 333, calling for the impeachment of Vice President Richard B. Cheney for committing “high crimes and misdemeanors” in violation of Article II, Section 4, of the U.S. Constitution. The bill was referred to the House Committee on the Judiciary and languished there. Isn’t it time to put impeachment back on the table? The text of the articles of impeachment and the supporting evidence can be found at Kucinich’s website: http://kucinich.house.gov. 

HR 333 charges that Cheney manipulated the intelligence process to fabricate a threat of Iraqi weapons of mass destruction and a relationship between al Qaeda and Iraq to justify the invasion and occupation of Iraq, and has openly threatened aggression against Iran without any real threat to the United States. HR 333 does not include charges relating to Cheney’s role in drafting the permissive standards on torture, his role in the illegal rendition program whereby detainees were transferred to foreign countries for torture, the outing of Valerie Plame, or his role in the illegal NSA spying scandal, which he has vigorously defended.  

Why articles of impeachment against Cheney and not Bush? Actually, most of us believe that Cheney has been the acting president all these years. If Bush were impeached, then Cheney would become president. However, as one jokester observed, if Cheney were impeached, that would make George Bush president. 

Isn’t it time for our politicians and the public to have real, open debate about the worst presidency in U.S history? Kucinich’s articles of impeachment are an excellent place to start. 

Ralph E. Stone 

San Francisco 

• 

SCHOOL OF THE AMERICAS, OR SCHOOL OF THE ASSASSINS? 

Editors, Daily Planet: 

On hearing the name “School of the Americas,” it’s understandable that many people will assume that this refers to an educational institution of high academic standards. Nothing could be further from the truth! The SOA is a combat training school for Latin American soldiers, located at Fort Benning, Ga. Over its 59 years it has trained more than 60,000 Latin American soldiers in counterinsurgency techniques, sniper training, commando and psychological warfare. These graduates have used their skills to wage a war against their own people. The SOA, frequently dubbed the “School of Assassins” has left a trail of blood and suffering in every country where its graduates have returned. Among those targeted by SOA graduates are educators, union organizers, religious workers, student leaders, and others who work for the rights of the poor. Hundreds of thousands of Latin Americans have been tortured, raped, assassinated, “disappeared,” massacred by those trained at the School of Assassins. In Colombia and the Andean Region, our taxpayer money is paying to escalate a civil war and strengthen a military with a horrible human rights record.  

In 2001 SOA renamed itself the “Western Hemisphere Institute for Security Cooperation,” no doubt hoping to improve its image. But the trail of blood and suffering in every country where its graduates have returned continues—i.e., on Feb. 21-22, 2005, eight members of the San Jose de Apartado Peace Community in Uraba, Colombia, were brutally massacred. 

So the question is: Why in God’s name is our country condoning and 

supporting this brutal organization? Is there nothing we can do to stop the SOA and its ruthless disregard for human rights? Yes, my friends, there is something we can do. We can join the Father Bill O’Donnell Social Justice Committee in a candlelight vigil in solidarity with the SOA Watch protest of the teaching of torture at Ft. Benning. This simple remembrance of the many victims of the SOA will be held Sunday, Nov. 18, at 5 p.m. at St. Joseph the Worker Church, 1640 Addison Street, Berkeley. Bring a candle and gather on the steps, joining others determined to bring down the School of Assassins! 

Dorothy Snodgrass 

• 

CAL AND BP 

Editors, Daily Planet: 

I am dismayed and disgusted to learn that the Energy Biosciences agreement was signed today between Cal and BP. As a third-generation Cal alum, my pride in our great public institution has just been kicked down a few notches. It seems unconscionable that I, a California taxpayer, will be barred from entering secret, locked, “proprietary research facilities” now being built on public lands. The signing of this agreement confirms how much significant sectors of Cal faculty and administrators are stuck in the thrall of their own prestige, paychecks, or the marketing expertise of the former Anglo-Persian Oil Company (est. 1909).  

Instead of trying to manipulate nature and science to squeeze ever more exploitation out of both, Prof. Somerville and his Institute should be dedicating themselves to questioning the root cases of our current energy crisis: over-consumption, and Western feelings of ownership over the earth’s abundance. This is the real academic inquiry, and may require collaboration with fields as broad as politics, environmental studies, sociology, economics, development studies, and philosophy. All resources should be brought to bear in considering why Americans consume so much and how we can learn to consume less (without exporting our bad habits around the world). If Cal’s scientists can answer these questions, they will have solved the energy crisis and provided a great service to humankind.  

Of course, this type of deeper research could prove challenging while in partnership with one of the world’s worst companies for environmental and human rights abuses. Questioning consumption is the ultimate taboo for a retail company like BP, which is why this fundamental issue is not addressed anywhere in the 114-page agreement. I regret that my university has chosen sales over scholarship at this crucial juncture in economic and environmental history. Finally, I wonder what the institute researchers and administrators plan to buy with their big BP bonuses—new cars?? 

Nina Kahori Fallenbaum 

Cal alum 2000 

Tokyo, Japan 

• 

SHOP WITH A CONSCIENCE 

Editors, Daily Planet: 

The fast-approaching gift-giving season gives Berkeleyans a wonderful opportunity to support fair trade and justice. Dec. 1 and 2, the annual International Holiday Crafts Fair will feature beautiful items made by artisans working in development projects that improve the lives of people in Haiti, Afghanistan, El Salvador, Kenya, Kurdistan and many other nations. 

Many of the artisans are refugees, most working in cooperatives. Many are women, who are single heads of families. They often create crafts at home, earning a decent living while caring for their children. Our purchase of traditional artwork also helps to preserve indigenous cultures. 

Instead of giving mass-produced, corporate marketed items, this year we can make an active choice to reach out to help others, a powerfully positive way to shop, and at the same time to give more meaningful gifts to loved ones. 

The Fair takes place Saturday and Sunday, Dec. 1-2, 10 a.m. to 3 p.m. both days, at the First Congregational Church, 2345 Channing Way at Dana Street, Berkeley. ebsccraftsfair@yahoo.com. 

Melody Ermachild Chavis 

Will we outsource the National Monument, 

Or maybe our main White House occupant? 

With the barred Iron Curtain, 

Are we really certain 

We’ll ever regain our own government? 

—O.V. Michaelsen 

BERKELEY MARINA HAIKU 

Nov. 9-11, 2007 

White heron on rock— 

Does he contemplate oil sheen 

on water? Black globs? 

Hong Kong container 

ship spills oil into our Bay— 

cheap goods at high price. 

White pads in water 

soak up 58,000 

gals. of oil. Nice try. 

Gorgeous blue day, but 

not one white sailboat in sight. 

Only great ships move. 

If Monet lived here, 

he would die for light like this— 

white clouds, white oil tanks. 

Oiled bird in water 

twirls, trying to groom itself. 

We can only watch.  

—Judy Wells 

The Biggest Game in Town is Mayor Tom Bates’ favorite—Deals for Developers. 

Former Real Estate Broker and Sacramento politician Bates has the skills and connections to change the skyline and friendly, sunny, small-town feeling of Berkeley. 

He is forcing big development on Berkeley, the third-densest city in California north of Los Angeles. Our density is in tall dorms near campus, and compact historical neighborhoods with little bungalows and many children. 

Our city was wisely designed as a walkable, sustainable university town but our mayor wants to transform it with high density. How high? The Bates/UC Hotel project was up to 225 feet last week and now has a sister incubating. 

Over-densification will destroy Berkeley’s mature trees, and gardens in setbacks and small spaces between homes, where bees and hummingbirds thrive and salamanders sleep under stones. Natural areas are critical for the health of people and our Planet. Consider the cooling greenery, warming sunlight, openable windows, and walkability of Berkeley. These are important reasons why Berkeley uses half the energy of other cities. 

Our caring citizens want a Zero Carbon Footprint now, and we could get there quickly if we did not have to spend our lives fighting Mayor Bates’ Deals for Developers. 

Soon after election in 2002, Mayor Bates admitted that his top priority was to get Berkeley developed. He therefore would not help us save the Berkeley Adult School. We later discovered that the school was already planned to become another developer opportunity-site. 

Bates’ development strategy allows (encourages) University sprawl beyond all its campus boundaries. The mayor has never lobbied for growth limits for UC, or for saving our trees, which remove carbon gasses from the air and make the oxygen we breathe. 

Part of Bates’ strategy is to let almost everything in town go, thus decreasing land values. The neglect causes blight, a finding for Redevelopment. This gives the developers the chance to buy land at rock bottom prices. 

Letting our town decline causes friends to sell their homes and leave Berkeley, adding hefty property transfer taxes to city coffers, 15 million last year, a much larger amount than city sales tax revenue! So the city makes more turning over property than from protecting it. 

Other deals for developers include waiving their taxes and fees; selling city land worth millions like the Oxford Street Parking Lot for a dollar—and easements on Center Street Garage. Meanwhile our mayor knows that lack of parking is killing our shopping and movie theaters downtown and that UC Berkeley is planning its own shops and three movie theaters in a huge Downtown Art Museum. 

Bates created the DAPAC, Downtown Area Planning Advisory Committee, which is working to greatly expand the university’s holdings in our downtown, both horizontally and vertically! Many members seem to have conflicts of interest. A mysterious Technical Advisory Committee meets with staff, but is unknown to the rest of DAPAC except those in the University Property Subcommittee, CIUP, led by Dorothy Walker, former UC property manager. 

Three Tech Advisory members are: Real Estate Broker John Gordon; Jay Keasling of UCB and LBN Labs of GMO and Biodiesel fame, and Deena Belzer, specialist in TOD (transit-oriented development), another Bates specialty. 

Recently DAPAC surreptitiously passed a plan to build high-density housing on the Berkeley Way parking lot. Yet they plan to let the university build 1000 parking spaces in the heart of downtown near BART. Although UC has eco-passes for students and staff, DAPAC is allowing UC all this new parking, while they are eliminating our city-owned parking, and forcing residents to shop in other cities. 

UC can make over 5 million per year on 1000 parking spaces. We could be making revenue from the Oxford Lot to clean up downtown, restore bike cops and guides, and have a Solar Shoppers Shuttle. 

How does Bates get away with this? Under his leadership the city seems to do every trick in the book, fast and furious: “Sunshine” a moving target, “Bates and switch,” multiple meetings simultaneously, short notice, no notice, secret meetings, hot meetings during holidays, council meetings on half the Tuesdays with 30 important items jamming the Consent Calendar. Here’s an example from the Oct. 23 City Council meeting: “Consent Calendar item No. 1 (of 29) Second Reading: “Sale of Center Street Garage Setback Easement to SNK Captec Arpeggio.” This is an easement into the airspace of the city-owned garage, so the 10-story Arpeggio Building can have windows on its west side. The appraised value of the easement was $850,000 (neither reading included copies of the appraisals). This reading was missing the report explaining the rationale for yet another Developer Deal—mayor and council sold the easement to Arpeggio for just $200,000. 

Enough already? There’s more to come. These are just a few clues to The Biggest Game in Town. 

Merrilee Mitchell is a Berkeley civic watchdog and a former candidate for Berkeley City Council. 

EDITOR’S NOTE: This correspondence between Downtown Area Planning Advisory Committee staffer Matt Taecker and former city land-use Planning Manager Mark Rhoades was sent to the DAPAC and has been circulating on the Internet for the last week. 

From Matt Taecker: 

To enhance the economic feasibility of a 6-story Downtown, what if the special requirements kicked in at 85’ rather than 65’ (i.e. LEED Gold etc.)? Could be enough to make lower buildings more cost competetive than taller. No need to respond. Just food for thought. 

—Matt  

From Mark Rhoades: 

Subject: Re: An Idea 

To: “Taecker, Matthew” 

Cc: DAPAC 

Date: Friday, November 9, 2007, 10:59 AM 

I have to reply as the former Planning Manager, given my direct experience with policy and implementation over the last ten years. The standard that you are referring to is an academic endeavor that will have no essential or effective meaning in the Downtown, and certainly is not going to achive the many great things that have been discussed. If we want to create a standard that is academically appealing we should make the standard LEED Platinum certification for buildings over 65 feet. The problem is that we will never actually achieve this “vision.” Berkeley has not seen a single six or eight story building privately constructed in the last ten years (and without having specifically done the research - I believe in the last 30 years). There will not be a six or an eight story building constructed in the future (one DAPAC architect briefly proposed a six story building last year but that project was revised DOWN to five stories - we should ask why). The GAIA building is essentially a nine story building with 100% lot coverage. The Arpeggio is a nine story building with 100% lot coverage. What the DAPAC voted for Wednesday night is a continuation of the five story product that HAS been built over the last 11 years (all four or five of them). Even if there had been some modest level of impact fees collected (and I do believe that those margins were modest) we would not have achieved any of the objectives called for in the existing plan. 

I guess the response from the DAPAC majority is, “we’ll see in eight years.” What we get as a result is a front row view of our Downtown continuing to languish just as it has for the last 30 years. Those that have been here long enough will tell you just that. It is all simple math and the data is out there. The last DT Plan failed to provide any real vision, and now this one will too (this new recommendation will actually be a downzoning, as the last DT Plan was, given the coverage standards being considered). I think that the population, generally, could see this for the travesty that it is. I wouldn’t be surprised to see a referendum if the PC and the CC don’t step in and provide the necessary leadership, as unpopular as it may be in some circles. As a DAPAC member said a few weeks ago, this is not the time for caution and fear, this is a time for real vision because there is too much at stake in the world around us. Many supposed environmental proponents seem to have forgotten the “act locally” part of the addage that has been so popularized on Berkeley bumper stickers.  

Let’s all remember - University Avenue was downzoned with the implementation of the UASP design guidelines. It has been almost four years since that language took effect. How much new economic investment through “appropriate” infill development has been achieved? None. There are no applications submitted either. No one is even talking about projects on University Avenue. All the projects recently constructed or approved were done so under the FORMER standards. Those hoping for the market to adjust to the zoning should sit back for a long rest. 

—Mark Rhoades, AICP 

In his Nov. 9 letter, Jeffrey Jensen of North Oakland is unsatisfied with nebulous crime-fighting plans and bigger-picture orations from Mayor Dellums. 

I believe my Oakland neighbors and Mayor Dellums share a blind spot. They don’t confront the primary impetus for violent crime in our communities. 

It is trite but telling to compare the consequences of our unrealistic drug laws, and the squandering of resources on their enforcement, with the societal distortions of the Prohibition era. 

Drugs are as easy to buy as pie. Consumer demand, pushing against government repression of supply lines, has drafted an army of urban entrepreneurs who, because they operate outside the law, must self-select for violence and territorial dominance. The resulting nihilistic subculture is reinforced and romanticized as the vendors are cycled through our banal penal system. Indigent drug users fill the largest number of our jail cots, but do not receive the support and treatment we need them to have.  

Urban police departments can’t recruit enough officers. What mentally healthy person with alternatives would choose to be part of law enforcement efforts that are obscenely misdeployed at the Sisyphean task of rifling through glove compartments, dresser drawers, and pocket lint? An insane number of officers spends insane amounts of money and time surveilling and infiltrating the sellers, then staging elaborate armed raids. Millions are laboriously prosecuted and imprisoned, but ultimately without benefit to us. 

We readily tolerate, regulate, and tax alcohol and tobacco. As the two most widely addictive substances on earth, they together cause the lion’s share of social dysfunction, illness, and mortality. We protect and encourage the use of alcohol: wine tasting tours, cocktail parties, drinks served on airplanes, entire aisles at upscale groceries lined with booze. On campuses, habitual binge drinking is the order of the day. Sometimes we penalize those who misuse this freedom: drunk drivers, domestic brawlers, or smokers who light up in elevators. Why do we pretend we are preventing crack addicts from smoking rocks, or high school students from snorting up crushed Adderol tabs, when this happens all around us right now? 

The gross overcrowding in our jails and prisons, and the disproportionate expense of running our whole justice system, could be literally halved if we end drug prohibition, then regulate and tax recreational drugs exactly as we do liquor and tobacco.  

I have a dream...that someday I will go to a beautifully laid out organic farm in a nearby county, and spend the afternoon leisurely tasting its spicy and sweet, artistically packaged varietals of marijuana. I inhale not from a burning joint, but from a well-engineered and tastefully designed vaporizer, tranquilly gazing at the sunset with my well-heeled fellow connoisseurs. The economic stimulation to local coffers expands the commonweal. 

I have another dream...that the crack addicts in my neighborhood go into the same corner store where they now line up to buy tobacco and alcohol, and safely complete all their purchases. This without risk to me, and without subsidizing the criminal enterprises that poison our streets with violence.  

I dream that our jails and prisons house only those who commit real crimes on real victims; that there they receive education, self-awareness training, and humane psychiatric care; and are released if and when they’re prepared to live peacefully among us. 

I dream that police officers, relieved of the tedium and ugliness of drug-busting, achieve a resurgence in both their numbers and morale, as idealistic young people are attracted to the profession. I dream that we the people, our rights to privacy and autonomy restored, gladly pay the taxes on the green herbs at our local shops. 

Jackie Wilson is an Oakland resident.

Dear Chancellor Birgeneau, 

Last year, prior to the start of the tree-sit protest at Memorial Oak Grove, hundreds of students and community members delivered to your office stacks of petitions signed by thousands of concerned citizens, students, staff, and faculty asking you to help save the oaks and build the new training facility in an alternate location so that we could all achieve a positive outcome. We asked for a meeting with you to discuss the matter. We never received a response. 

Since that time, the dispute has escalated into a major confrontation that has garnered international media attention and polarized our community. In the absence of dialogue, protestors have dug in their heels to protect a beloved space that is sacred to many people (especially the Native community), while the UCPD has escalated its actions and arrests.  

Recently, UC announced its intent to forcibly extract the tree-sitters. As the history of tree-sit protests makes clear, extraction is very dangerous for all parties and involves serious risk of injury or death. At least one of the long-term tree-sitters is a UC Berkeley student. That people’s lives are in jeopardy must be of enormous concern to everyone.  

Regardless of the litigation outcome, we support the tree-sitters protecting the grove until UC chooses to pursue an alternate location for the training facility. We also want to hear what you have to say and we hope that through constructive dialogue understandings will be reached, solutions will be found, and conflict will be transformed.  

We request an in-person meeting with you as soon as possible. We understand that ASUC President Van Nguyen attempted to initiate a community dialogue on this matter in September, and you declined because of the pending litigation. As you know, the judge is expected to render her verdict any day. When she does, no matter how she rules we ask you to meet with us as well as other concerned parties, such as UC administrators, the UCPD, representatives of the tree-sit protest, and Berkeley city residents. We request that an unaffiliated, neutral third party facilitate the meeting. We believe that the Chancellor of a public university has a responsibility to hold dialogue with students and community members about important matters, even (or especially) when he disagrees with their views. Considering that the oak grove protest has the potential to literally become a matter of life and death, we hope you will seize this opportunity to engage in a constructive dialogue. The worst that can happen is such a meeting will not change anything. We hope that at a minimum we will emerge with more respect for each other’s perspectives, and in the best-case scenario we can cooperate to prevent the loss of life and limbs and develop creative solutions.  

Recently, Cal public affairs director Dan Mogulof stated, “We are going to leave no stone unturned in an effort to find a peaceful solution to this situation.” That’s only possible with real dialogue.  

Current conflicts in the world teach us that when violence is used to resolve a conflict, everyone suffers. Let’s set a better example for our community and the world. 

Let’s talk. 

Emma Fazio, Jessica Karadi, Christina Oatfield, and Marcella Sadlowski are UC Berkeley students and members of the Free Speech Free Trees Student Coalition (www.freespeechfreetrees.org).

It is human nature to form our opinions out of small bits of available information, a large dose of personal experience, with random bits of stuff we’ve heard from other sources thrown in; that’s how we figure out the world. Unfortunately, all too often we form our opinions based on too little information combined with too much “stuff we’ve heard”—and that’s how we wind up with bigotry and prejudice. 

For instance, when you drive by Metro Lighting in West Berkeley and see picketers holding signs that say “Union Busters” and the like, you might assume that the owners have been unfair in some way to their employees. Because labor unions are good, right? And only business owners who have mistreated their employees would wind up with picketers, no? However, this is a situation where too few facts are mixed up with too much “stuff”; no employees have been wronged, no union has been busted. The true victims are Metro’s owners, Lawrence Grown and Christa Rybczynski, who are under siege by a group of former employees who, amazingly, are attempting to take over their hard-won, sustainable business. Waves of anxiety are rolling up and down San Pablo Avenue, because every small business owner knows what’s going on, and each of them knows they could be next. 

Lawrence and Christa, architects with green leanings, opened the business in their basement with credit cards. Metro is a certified green business, and three years ago they went into debt outfitting their leased space with solar panels. Their handcrafted lighting fixtures have been so popular that they have been able to hire craftspeople and sales associates; their salespeople receive an average of $17 an hour, their craftspeople up to $19 an hour. Full-time employees receive fully paid health benefits, vacation, sick, and holiday pay, plus matching retirement funds. I can think of few businesses of this size—or larger—who offer employees compensation this rich, or show this much dedication to community and environmental responsibility. 

So what on earth went wrong at Metro Lighting? It is apparently a situation where the owners, striving to be generous and compassionate, practically “gave away the store.” They let performance issues slide, forgave infractions, continued to pay for full-time benefits for an employee whose schedule had changed to part-time; being kind seemed more important than sticking to the rules. Lawrence and Christa even co-signed a mortgage with one of their employees to help him become a homeowner; he has returned the favor by defaulting on the mortgage, forcing them to pay it. Unfortunately, all of this largesse led to employees with feelings of entitlement; some even came to believe that they had as much right to own the business as the people who had built it with hard work, risk-taking and creativity. 

And the accusations from the picketers? Union busting, lockouts, ageism, toxic waste exposure, unsafe working conditions, unfair wages… you will see that these were all fabricated to support a plot which brings new meaning to the words “hostile takeover.” So, union busting. What would you do if several of your workers walked into a staff meeting one morning with a representative from the Industrial Workers of the World and announced that your store was now under their aegis? No discussion, no election, no communication with the National Labor Relations Board, no card check, no indication that the other employees wanted to join? What if they demanded a 100 percent wage increase? How about if they demanded that employment be unconditional—no performance requirements whatsoever? Amazingly, each of these things really happened. 

Now, what would you do if you said words to the effect of “we need to make sure that everyone wants a union” and “a 100 percent wage increase would cause the business to go under, but we’ll start a new bonus plan” in response to these things and they told you “you’d be sorry,” and staged work slow downs and work stoppages and blew off mandatory staff meetings? How about if one day, in the midst of all this, a fully trained employee was performing the routine task of disposing of a slightly noxious chemical substance (akin to lye), and the agitating employees decided that this was the perfect time to stage a walkout, and to accuse you of exposing them to hazardous waste? Yes, this also happened, and visits from the City of Berkeley’s Toxic Management Division (no toxic release found) Cal OSHA (2 visits, no violations), Workers’ Compensation Loss Prevention (no issues) and environmental consultants (no hazards found) yielded no violations, but this group of disgruntled employees insists they were exposed to toxic waste; the inspectors were “incompetent.” These same employees say they were “locked out” of work; they actually had their own keys and could have entered at any time. In short, it’s a nightmare. 

I direct your attention to the constitutional preamble of the Industrial Workers of the World, which can be found at www.iww.org/en/node: “The working class and the employing class have nothing in common….Between these two classes a struggle must go on until the workers of the world organize as a class, take possession of the means of production, (and) abolish the wage system…” Yes, the true intention of the pickets is not to improve their working situation; it is to take over Metro Lighting, or to drive them out of business trying. And they intend to do it by getting YOU to help by boycotting the business. Just another one of those “only in Berkeley” moments that people love to roll their eyeballs over, I know. And it would be comical – except that it is destroying the lives, mental health, and business of the Rybczynski-Growns, decent people in the finest Berkeley tradition. 

Unions are supposed to protect the powerless from having their rights trampled on, but in this situation, the people most in need of protection are not blocking the entrance to Metro Lighting dressed in jackboots, menacing the customers. 

We here in Berkeley have a long and proud history of “speaking truth to power.” If you wish to continue the tradition, perhaps this is a good time to go shopping for a lighting fixture. Lawrence and Christa could use your support. 

Christine Staples is a West Berkeley resident.

FRESH AIR? 

Editors, Daily Planet: 

Sen. Dianne Feinstein stated that the new Attorney General Mukasey is an “independent breath of fresh air.”  

I wonder how the victims of the Bush administration’s waterboarding would describe him. 

Dave Heller 

• 

TRUTH 

Editors, Daily Planet: 

I applaud Gray Brechin for his smart and powerful commentary piece, “Taking the Chronicle to Task.” I’m appalled that Dianne Feinstein voted to approve Michael Mukasey for attorney general, and that the San Francisco Chronicle supported her actions. To Brechin’s point, “controlled drowning” (which sounds more ominous than “waterboarding") is reprehensible under any conditions. Mukasey may be administratively more adept than his predecessor but, sadly, he’s as unspeakably supportive of the Bush-Cheney machine. Thank you, Brechin and the Berkeley Daily Planet for helping us readers remember what, uh, journalism is really about (the truth?). 

Elizabeth Bertani 

Alameda 

• 

COPENHAGEN 

Editors, Daily Planet: 

Michael Katz, in his Nov. 6 First Person article, opposes greater density and taller building for downtown Berkeley, comparing the city to the low rise capitals of Scandinavian countries. He says Berkeley should be more like them. Copenhagen has a population density of more than 15,000 people per square mile—50 percent denser than Berkeley. I guess he is suggesting that instead of having towers downtown, we should cover the town in five- to eight-story buildings as they do in Scandinavia. I agree—but I bet he doesn’t. 

Victor Silverman 

• 

CELL PHONE ANTENNAS 

Editors, Daily Planet: 

It seems that the idea of anything rising into the air (towers, antennae) stirs the ire of Berkeley’s build-nothing, do-nothing troglodytes. I imagine that if the campanile were being built today, UC-haters would complain that it was being done without community input, feminists would rail against having a phallic structure imposed on them, and community activists would warn of impending noise pollution from the carillon. 

I’ve avoided commenting on the antenna hysteria, but because superstition just annoys me, I’ll break my silence. Anyone who has attended high school, including presumably the Justices of the Supreme Court, should understand the square law that defines the attenuation of radiated energy as the distance from its source increases. Here are a few things more threatening to your health than living within a block of a rooftop telephone antenna: 

• Putting a cell phone to your ear. 

• Breathing near Center and Shattuck. 

• Eating a burger and fries. 

• Standing near your micro-wave when it’s on. 

• Drinking a Coke. 

• Voting Republican. 

My thanks to the City Council for not wasting my tax dollars on a pointless legal battle. 

Jerry Landis 

• 

COUNCIL’S 

CAPITULATION 

Editors, Daily Planet: 

I was brokenhearted to see the capitulation of the City Council to the corporate fascists who insist on putting more cell phone towers in our neighborhoods. Watch closely, for this is how fascism comes to America: through the complete misuse and abuse of our constitutional system of law. One look at Kirk Trost told me in no uncertain terms that the man is a corporate stooge. The other attorneys relied on for their pessimistic advice were all hand-picked by our departing city attorney, whose lies I have documented in the LRDP case. How naive can the well-intentioned members of our City Council be? Perhaps the public should stop giving you the benefit of the doubt and assume that if you go on walking like a fascist, quacking like a fascist, and harming the people like a fascist, you probably are a fascist. 

Max Anderson is the only mensch amongst you, and even he is giving too much to the lies of the fascists. While it is true that there are many bad judges, there are also good ones who might have ruled properly in this matter to deny the fascists the anti-social object of their greed. It’s not that you fight even though you can’t win, it’s that you never know if you can win until you fight. If you are in the right, you may find hidden resources, but it is so long since any of you have been in the right that you probably forget what that feels like. 

Dona Spring complained that there were no lawyers even willing to take the case. How hard did you really try in looking for one? If all you did was rely on the city attorney to look for one for you, then how can you call that a sincere effort?  

Peter J. Mutnick 

• 

TALE OF NEW ANTENNAS 

Editors, Daily Planet: 

After the cowardly votes by five City Councilmembers, now Verizon is pushing for 12 antennas on French Hotel at 1504 Shattuck. Hey, with such good friends in the city offices, Verizon is sure a permit will be issued. Based on my experience since 2002, I describe how the tale of this new set of antennas will unravel. 

This Thursday, Nov. 15, 2007, there will be a Design Review Committee meeting to discuss the superficial aesthetic issues of the proposed antennas. This committee is like a Stalinist court. It shuts people up if they cannot compare the beauty of the antennas to Sistine Chapel. The committee will quickly rubber stamp the approval. 

A few weeks later, the Zoning Adjustments Board (ZAB) will listen to false claims of the applicant and will ignore what people have to say. They will rubber stamp a permit to Verizon. (The story may unravel differently here in that ZAB may deny permit; either way, it does not matter.) 

In two weeks, people (or Verizon) will appeal the ZAB’s decision to the City Council. 

The appeal may get ping-ponged a few times between the City Council and the ZAB. 

To give a new kink to the story, the City of Berkeley hires a so called “third party independent” engineer to evaluate Verizon’s application. Interestingly, the “independent” engineer is paid by Verizon. Not surprisingly, the “independent” engineer approves Verizon’s application. 

There could be more dramatic moments in the story. For instance, Verizon will threaten the city by a lawsuit or even file one. 

Final showdown. The city opens a public hearing. But, it will rest it for two three weeks to sap people’s momentum. 

Finally, after 18-20 months, the city tells people: “Sorry, according to Telecommunications Act of 1996, nothing can be done.” Thus, the city will rubber stamp a permit to Verizon. I can hear what council members will have to say: Capitelli: “We will lose in court. We will lose quickly and cleanly.” Maio: “I like to vote no, but will vote yes.” Wozniak: “Go catch Clinton; he passed the TCA 1996.” 

In the last scene, people tired after 18-20 months while have spent hundreds of dollars are yelling “shame, shame,” as the City Council disappears in the back chambers for a break. 

Yes, truly, shame on this sham democracy. This is rubber-stamp democracy. 

Shahram Shahruz 

• 

NEXT CITY ATTORNEY 

Editors, Daily Planet: 

While nondiscriminatory “affirmative action” has been assigned numerous wordings by way of definition, the basic focus has been on policies intended to redress discriminatory practices in employment. These policies commonly redress discrimination and victimization based on age, disability, gender, marital status, sexual preference, and racial or ethnic origin, and they provide for equal opportunity in employment. 

Following introduction and implementation of employment affirmative action, it became apparent that an affirmatively managed search process can produce a pool of the best and most qualified-for-the-job candidates. 

It has been urged that the next city attorney’s appointment be the result of a search outside the city’s ranks, i.e. outside the city and state. Would the City Council—in the words of the legislation—“throw the net wide and inclusively”? 

An aspect of such a search process is creation of a “search and screen” committee consisting of representative persons especially qualified for such an endeavor. 

Helen Rippier Wheeler 

• 

PROTESTING TREES? COME ON! 

Editors, Daily Planet: 

Do the second-generation spoiled idiots riding their parents’ bank accounts through school realize there is a war going on? One that our administration lied to back us into? A war that is so wrong on so many levels it makes a person dizzy? A war that has destroyed our standing on an international basis? Get some respect—get out of the damn trees and deal with real issues already. How embarrassing. 

Michael LeBrun 

U.S. Navy veteran 

• 

TORTURE INTO FOCUS 

Editors, Daily Planet: 

Our senators need to see the movie Rendition. It brings current U.S. practices of kidnapping and torture clearly into focus. The film shows the injustice, the pain, and the counterproductive pointlessness of these policies. Torture doesn’t provide useful information, but it does generate more terrorists. We don’t need another attorney general who can’t distinguish justice from torture.  

Bruce Joffe 

Piedmont 

• 

CROSSROADS EVICTION 

Editors, Daily Planet: 

1990 was a rough year. I spent most of it fighting eviction and other actions taken by C.E.I. Corporation, my landlord. I organized a tenant’s association on the property and we took the slumlord to the Berkeley Rent Board. When I went to the city about the condition of the property at 1970 San Pablo Ave., they could not find any record of an apartment house there, and so started the law suits and rent strikes. In the beginning we had 14 units out of 26, that belonged to the association.  

I was under so much stress that I collapsed in the ER at Highland Hospital and spent seven days in Intensive Care, from a stomach ulcer. My only visitors while in the hospital were my friends Hali Hammer and Carol Denney. Carol actually drove me home from the hospital. 

About a month after I was released from the hospital the tenants in apartment number four decided they had had enough and they were going to move. I got the old tenant to agree to a sublease and since all prior agreements were oral my sublease was completely legal. This is when I contacted Carol Denney and she agreed to sign the agreement.  

Carol was the 14th member of the association that gave us the majority of the tenants in the building, which was a crucial factor in getting the loans on the building. It was also a factor in getting R.C.D., a management company, to come on board. Without Carol Denney I doubt the co-op would have gotten off the ground. 

Carol was also promised when she joined the association that she could never be evicted from her unit as long as she paid her rent and went generally along with the rest of us. Which is what makes her eviction extremely unfair since at the time I was the vice president of the board of the Village Co-Op and all of us were given the same assurances. We were all told that any eviction would have to include dispute resolution and mediation. In all fairness the eviction of Carol Denney should be stopped at once by the Crossroads Village Co-op. 

Gary Isom Spencer  

• 

CITY COUNCIL MISTREATMENT 

Editors, Daily Planet: 

Every person in Berkeley should be outraged by the mean-spirited treatment imposed on the disabled members of the One Warm Pool Advocacy Group at the City Council meeting on Nov. 6. I also hope that moral and caring people will voice their outrage to the City Council and more specifically to the two members of that body who blatantly carried out that travesty. Their behavior was despicable and beneath contempt and was not worthy of a city which prides itself on its humane treatment of the disabled. 

Juanita Kirby 

• 

THANK YOU, CODE PINK! 

Editors, Daily Planet: 

I was deeply impressed by the open letter exchange between Captain Richard Lund, the Marine Corps officer in charge of the Berkeley Recruitment Center, and Anne Joi of Code Pink regarding their continuous demonstration in front of his office requesting its moving out of Berkeley. 

I’d like first to thank Capt. Lund for opening the door to this conversation by his letter describing clearly what it takes to have a job in the military commanded by the president. That is once you are employed, you are not allowed to change your position no matter how and where the military power is deployed. 

I know Lt. Watada, who lost his faith in the war, has now to endure a long struggle against the military’s criminalization of him. 

And I am very grateful that Anne Joi has responded to Capt. Lund in a polite conversational letter. 

To me her letter is a comprehensive reminder of the illegality and unpopularity of this war both home and abroad, the unjust treatment of both veterans and prisoners alike, the sexual abuse of female soldiers wearing the uniform of the U.S. military, and the insidious health and environmental hazards posed by the continued criminal use of depleted uranium by the U.S. military. 

It also reminded me of the Berkeley City Council’s resolution against the Iraq war, which I had almost forgotten. 

I sympathize with the position of Capt. Lund, but I think we should not have the Center in Berkeley. Living through this quagmire of war, we must not forget all the people who suffer. Everyday we must try to remember the whole picture of the world. What is more important than conversations between people with different occupations and viewpoints? 

I thank the Berkeley Daily Planet for offering a space to make this dialog possible. 

Fusako de Angelis 

• 

KPFA ELECTION 

Editors, Daily Planet: 

I want to thank the Daily Planet for its coverage of the KPFA election. I disagree with John Katz’s criticism for running my commentary and not Brian’s. The issue before you ran commentaries from two Concerned Listener (CL) candidates and none from www.peoplesradio.net.  

John Katz takes three shots at peoplesradio’s 10-point program. With regard to corporate underwriting, last year the GM from Houston publicly suggested that Pacifica consider “underwriting.” The fact that we don’t do it now is no guarantee for the future.  

On the Democracy Now! issue, John’s comment that it already plays twice a day is true but intentionally misleading. As our strongest news/public affairs program it should be played in prime time 7-8 a.m. Playing it at 6-7 and 9-10 a.m. begs the question. There are more people listening to their radios between 7-8 a.m. than at 6-7 and 9-10 a.m. combined. The second playing should be at night for people that can’t hear it during the day. The Morning Show folks that support CL refuse to move up one hour for a more dynamic and informative program to be in prime time. Turf before Mission? 

Transparency and accountability is far from what it should be and it has been Peoplesradio and others on the LSB and PNB that have been pushing it. CL folks have generally fought against transparency. Peoplesradio’s La Varn Williams, current PNB Treasurer, has done more than anyone to promote financial transparency at Pacifica and at WBAI, where a sectarian group has almost destroyed the listener base. CL members and allies on the PNB have refused to vote to hold WBAI accountable. Due to this I made a motion to require KPFA’s PNB members to report on their votes. CL found every bureaucratic reason to oppose this motion for transparency and accountability. 

The question that needs to be answered by John Katz for all the voters, is why has the CL slate never taken a public position on three very contested issues at KPFA? 1. The role of the Program Council; 2. The Unpaid Staff’s right to organize; 3. The Democracy Now! prime time move. 

I think the reason is that to continue to support the current KPFA staff/management group that asked CL to form their slate, CL would have to take positions that are anti-democratic and would expose CL’s power before principles politics. CL’s silence on these issues is deafening. 

Richard Phelps 

Oakland 

Despite its mission of dialogue, KPFA has become a venue for increasingly nasty attacks, which exhaust the station and turn listeners off. I would like to set the record straight on a number of allegations that have been printed in these pages and to ask the question: can KPFA afford to be at war with itself?  

Many of us have witnessed infighting destroy Left institutions—our own circular firing squads have often damaged our organizations in a way even the Right has not. Neither KPFA nor the American Left can afford such a thing, particularly today. There are different views about how the station should be run—and the differences are legitimate. The question is whether we can discuss those differences without personally demonizing the people who work hard to make KPFA the beacon of hope that it is and must remain.  

I believe the culture of vilification that has characterized KPFA’s Local Station Board election will tear the station apart regardless of who wins the actual vote. The KPFA community needs to find a way to disagree without attacking, to discuss the merits of diverging positions without impugning the motives of the people who hold them, and to work toward consensus rather than towards crushing opposition.  

Candidates for KPFA’s Local Station Board have demonized KPFA’s interim general manager Lemlem Rijio and me in campaign statements broadcast and mailed to KPFA’s subscribers (in violation of fair campaign provisions those candidates signed off on).  

The attacks are without basis but, like any smear campaign, it’s not the facts that matter—if a fabrication is repeated often enough it starts to take on a life of its own. 

The attacks insinuate that we are part of a secret plan to eviscerate KPFA’s mission and destroy its board. The allegations are based on a 2005 e-mail a staff member sent to a number of people during a crisis under the leadership of a previous station manager. The e-mail suggested discussion topics for a meeting and among them was an item suggesting a mass recall of board members, which the staff member also referred to as “dismantling” the then-current board. 

We received this e-mail. We never endorsed the staffer’s suggestion, and the meeting he proposed never took place. However, some candidates for KPFA’s board are now branding us “dismantlers” because we received an e-mail two years ago, prior to assuming our current positions. 

Candidates for KPFA’s board are also alleging that we are bent on “dismantling” KPFA’s Program Council, which we both sit on and which helps determine programming direction at the station. This is demonstrably false. By this spring, nearly three quarters of the members of the Program Council were one or two years past their elected terms, which brought the legitimacy of the body into question. We were the driving force in getting the various constituencies represented on the Council to elect new members, by giving them a deadline, providing administrative support for the recruitment of new listener representatives, and, after several month’s notice, putting the council on hiatus until new representatives were in place. The body has been meeting as a highly functional and legitimate group since September—before the current board elections began. 

It has also been claimed that we conspired to hijack both this and last year’s board elections, by not airing candidate spots on the air. However, the elections are run by an independent election supervisor who determines the timing for on air candidate statements, not us. 

Most recently, people have asserted on these pages that we have prohibited the announcement of demonstrations on KPFA’s air. This allegation is patently false. If you tuned into our last management report to the listeners, you would have heard us announce and encourage our listeners to attend the demonstration by Code Pink at the Military Recruitment office in downtown Berkeley, to oppose a right-wing counterdemonstration. And in the middle of our latest fund drive, not only did we take time out to broadcast the Oct. 27 anti-war demonstration in San Francisco, we each told our listeners multiple times about its time and location on our air. 

The people launching these baseless attacks make broader and more troubling assertions that KPFA’s staff are sell-outs and that the station is in crisis. 

In truth, KPFA is the strongest and most financially viable station in the Pacifica Network. We have more subscribers than any other Pacifica station, even those broadcasting to areas with twice the population we cover. As managers, we have increased KPFA’s channels for collecting listener feedback about what’s working and what isn’t. We believe the station has benefited greatly from that input, which informs the decisions we make. Our staff work tirelessly to shine light on US imperialism, the exploitation of working people, racism and environmental injustice, and to raise our collective spirits with an exceptional breadth of art, culture, and music. This last week, KPFA sent a team to Seattle headed by Larry Bensky to broadcast the final FCC hearing on media ownership. The FCC is poised to lift the rules on newspaper and television station cross-ownership, setting the stage for a new wave of mergers and corporate media consolidation, and as dissident FCC Commissioner Adelstein said: “no one else but you comes to cover these”. 

KPFA has expanded its programming to the cutting edge of new media, launching, among other things, The War Comes Home project, which uses online social networks, blogs, and other Internet technologies to broadcast the stories of returning Iraq veterans across the blogosphere. Of course, we could always do better, but there is a good deal of energy moving the station in a positive direction and it is a collective effort.  

So if the station is in good shape, why are candidates for KPFA’s board circulating such destructive allegations about KPFA management, the station, and its staff? More importantly, if they win control of KPFA on the basis of such attacks, what, exactly, will they have accomplished?  

Sasha Lilley is KPFA’s interim program director.

The current conflict within the KPFA community is a cauldron of bitter feelings and resentments. There are three slates of candidates currently running for the Local Station Board. I’ll discuss the two slates that are most directly at loggerheads: “Peoples Radio” and “Concerned Listeners.” The former group has severe criticisms of current station management and governance—criticisms that have been voiced quite persuasively here in the pages of the Planet, one of the venues where this debate has taken place. 

Concerned Listener candidates, on the other hand, appear to dismiss these criticisms out of hand, treating them as if they are not even worth responding to. For good reason, this infuriates those who are sympathetic to Peoples Radio complaints. A personal friend and veteran activist, Steve Kessler, has persuaded me that some of these complaints have merit. But how convincing is the broader critique made by Peoples Radio? Please consider the following: 

1. Peoples Radio makes its case largely on the basis of an e-mail message sent out by staff member Brian Edwards-Tiekert two years ago, in which he speaks of “dismantling” the local station board. However, neither the recipients of this e-mail message two years ago, nor CL candidates today, have ever indicated any agreement with it, and a meeting to dismantle the LSB never took place. The Peoples Radio campaign has made much too much of this single e-mail message. 

2. Peoples Radio alleges that KPFA management is suppressing the voices of the unpaid staff—volunteers whose work contributes so much to the station. The question that management currently faces, however, is this: Does the “Unpaid Staff Organization” (UPSO) really represent volunteer opinion? Some of the volunteers too are asking this question, and they tell the following history: a small group of people, dissatisfied with UPSO meetings, made discussion and decision-making all but impossible because they kept yelling and disrupting these meetings. As a result, a large majority of the unpaid staff stopped attending. A new group is now assuming the name of the “Unpaid Staff Organization.” Management says that it is willing to recognize an unpaid staff organization, provided that the organization really represents the unpaid staff, as was formerly the case. 

3. Peoples Radio argues that the KPFA Program Council is disregarded by station management. At issue is whether the Council is only an advisory body or has final decision-making power. Management has been trying to broaden participation in the PC, but—as with the UPSO—it has become a terrain of bitter, intractable dispute. Management says that those who were active in the Council last year refused to leave when their terms were up, but instead stayed on and are now insisting on their right to make station policy. 

The divide separating Concerned Listeners from Peoples Radio reflects a broader disagreement here in the East Bay that splits the left into two, mutually distrustful and antagonistic camps. Although there is diversity of opinion within each camp, they do represent different approaches. Concerned Listeners is more inclusive—oriented toward building broad alliances and more interested in reaching out to new audiences than in being politically “correct.” 

Peoples Radio adherents, on the other hand, tend (with some exceptions) to be more staunchly opposed to the Democratic Party, favoring third party movements instead. Peoples Radio candidate David Heller suspects that a KPFA “weakness” is “Some people who want to keep the debate within the realms of what the Democratic Party wants us to hear and uninformed about other political and social possibilities.” Another critic of KPFA argues that “what is needed most in the US: Teach radical politics, and that means on the electoral level, interview all socialist Peace & Freedom candidates and Green Party candidates.” 

It’s true that public discourse in this country is narrowly defined, and radical progressive voices are excluded from mainstream coverage. On the other hand, the left edge of the political spectrum is partly responsible for its own marginalization. Given this marginalization, it’s understandable that Peoples Radio would seek to reshape one of the few public domains accessible to its influence at all: a listener-sponsored radio station like KPFA. But is that project in keeping with the listening perspectives of the station’s wide audience, consisting of hundreds of thousands of listeners distributed throughout Northern California?  

Although Peoples Radio individuals claim to speak on behalf of “democracy,” and although there is some truth to their criticisms of station governance, they do not represent, politically or demographically, the listener base. I respect Peoples Radio for the passion that it brings to the project of changing the social world we live in. However, an acute awareness of suffering and evil in the world does not necessarily translate into knowledge about the most effective political path forward. KPFA communicates to a broad, politically diverse audience, and shouldn’t become an instrument of any group’s ideological agenda. 

Raymond Barglow is a Berkeley resident. 

Despite how he tried to portray himself in a recent East Bay Monthy article, Patrick Kennedy is no “Jane Jacobs.” He’s more like Jane’s nemesis, Robert Moses —the infamous developer who decimated New York City with freeways and oversized housing projects from 1920 to 1970. 

All urban developers try to get the largest possible building on their land to maximize profit. In the last twenty years, urban developers have often used the rhetoric of New Urbanism to build thousands of ill-conceived, high-rise buildings, completely out of scale with human beings and their surrounding communities. The developer’s logic goes something like this—“Because New Urbanists and others have shown that dense urban housing is environmentally good, hyper-dense high-rise housing must be even BETTER!” 

In reality, hyper, high-rise density can be almost as inefficient as suburban sprawl …and far more unpleasant to live in. The communities that Kennedy (and Jane Jacobs) cite as their models of success (like Greenwich Village or Cambridge Massachusetts) are all composed of densely packed two- to four-story walkup town homes and apartments. There are no 20-story high-rise buildings in these communities! The charm, walkability and community of these neighborhoods comes precisely from their smaller, “human” scale, where people have a sense of ownership or what human ecologists call “Territoriality and personal space.” 

From an environmental point of view, these smaller urban neighborhoods provide a nice level of bikeable, walkable density. Yet they are composed of buildings that can be (and were) made by hand, with low-energy materials. They use wood and stone versus concrete and steel and they don’t require elevators, compactors, electric water pumps or elaborate electrical air and water circulation systems. In the recent east-coast blackout of 2003, hundreds of blocks of New York City high-rise buildings were suddenly rendered uninhabitable, as toilets ceased flushing and people suddenly had to walk 20 flights of stairs to enter or exit their apartments. By contrast, life in lower scale neighborhoods (like those of Brooklyn and Queens) was able to continue as usual. 

Most importantly, high-rise buildings over four or five stories cut off sunlight from streets and nearby structures. As we develop solar energy, access to sun or “solar rights” will become a bigger issue. Uniform, densely packed two- to four-story development will ensure all buildings have equal access to sunlight. Buildings like Kennedy is proposing will make downtown Berkeley’s streets into lightless, anonymous, noisy canyons of concrete and traffic. 

The Wells Fargo and Power Bar buildings were terrible mistakes and are part of what destroyed downtown. The most vibrant neighborhoods in Berkeley like Elmwood, Westbrae or upper Shattuck are vibrant precisely because they lack high-rise buildings and are built on a dense but human two- to four-story scale. Kennedy’s proposed buildings are reminiscent of the high-rise “Urban renewal” apartment projects that Robert Moses and other city developers rammed through urban areas in the 1960s. In the process, they bulldozed vibrant two- to four-story (often minority) neighborhoods, replacing them with huge, anonymous apartment blocs that became hopeless prisons of poverty and crime. It was precisely this kind of development that Jane Jacobs opposed. I urge people in Berkeley to oppose Patrick Kennedy’s development proposals. 

Andy Singer grew up in Berkeley and  

currently lives in St. Paul, Minn. 

Development battle opponents are often depicted as pro-development on one side, anti-development on the other, but that’s almost always a mischaracterization. Just as it would be virtually impossible for someone to be in favor of all development, regardless of what that development happens to be, you never run into someone who is against any and all development. The questions for both sides always is: what type of development are we talking about? Where will it be located? And, probably most important, what portions of the community will it benefit? 

When Jerry Brown was mayor of Oakland, bless his heart, he was wonderfully successful in casting all of the battles over his various development proposals as pro-development/anti-development, charging that anyone who stood in opposition to what he had put on the table was interested in a stagnating, moribund Oakland that would eventually sink back into the Lake Merritt tidepool and estuary marshlands from which it had been wrought. And so, rather successfully, Mr. Brown managed to avoid most public scrutiny over what exactly his proposals would do, and who they would do it to. 

With the benefit of hindsight, now that the former mayor has left the building, we have begun to get a clearer picture. 

Mr. Brown responded to three political imperatives, two of them generated from inside Oakland, one of them generated from without. 

The outside imperative was that California has begun to see the end of the suburban sprawl-building policies of the last 50 years and it is not pretty, for any number of reasons, and the state is now returning to its original core cities to house the expected continued boom in population. The inside imperative is that Oakland residents are running out of places to live inside Oakland, and Oakland residents are tired of having to cross the city boundaries into San Leandro, Alameda, Emeryville, and other nearby communities to do their big-ticket shopping. 

To “solve” all three imperatives, we all remember, Mr. Brown proposed his flying-phrase 10K Development plan, in which he would encourage the building of units in Oakland’s downtown-uptown core to house 10,000 new residents. 

There were always two flaws to 10K, if its intent was to satisfy the Oakland two-thirds of the three imperatives. The first was that the uptown and loft area (2nd, 3rd, and 4th street) developments were always geared more towards people who did not live in Oakland at the time the developments were put up, thus not satisfying the demand of resident Oaklanders for more housing stock for themselves and their children. The second was that 10K was always a two-parter, with the residential component to come first, and the commercial development to follow. How the commercial development was supposed to happen was never quite spelled out in detail, and Mr. Brown, as we said, has moved on to higher calling, leaving his successor, Mr. Dellums, to sort out the pigs (you’ll have to see Terry Gilliam’s movie “Time Bandits” to understand that reference). 

In many ways, at least as far as Oakland is concerned, we are no better off than we were eight years ago. There are residences available or in the building stage for 10,000 new citizens, true, but those new citizens are going to be needing and demanding city services, and city government economics in the post-Proposition 13 years dictates that residential development is always a net loss for a city. City services for citizens, in other words, cost more than the tax revenue brought in by residency. It’s only commercial or job development that is a net tax revenue gain for cities. That’s why tiny Emeryville, with its massive shopping centers and high-tec campuses, is able to do so much for its citizens, per citizen, while the much larger Oakland, with more citizens, is able to do less. 

So in many ways, the Dellums Administration must look afresh at Oakland’s commercial development landscape, as if the eight years of loft district and uptown development never happened. If the question is, where should the administration best concentrate its efforts to increase Oakland’s commercial package, the answer is the same as it was eight years ago: in Oakland’s existing neighborhood commercial districts. 

Let’s revisit the old arguments. 

Cities—whether it be in America or Europe or in ancient times along the Nile or Tigris-Euphrates—almost always begin with transportation-friendly trading centers—often at a crossroads or along a river or, in our case, beside a bay—that later develop into larger commercial centers that, in America, at least, we begin to call “downtown.” That was the case with Oakland, and for the first hundred years of its existence, the city maintained a downtown commercial core that was the shopping center of the East Bay. That core was lost for a variety of reasons—too detailed and numerous to go into in this column—and with a few notable exceptions, Oakland’s downtown has remained largely retail-vacant in the past twenty to thirty years. 

This has been the source of concern for city officials, as Oakland has lost massive amounts of tax revenue to the malls at Hilltop, Emery Bay, Southland, South Shore, BayFair, and the like. But it has also been the source of no small measure of civic embarrassment and shame. Cities have traditionally been defined by their commercial downtown core, after all, and Oakland, toiling ever in San Francisco’s giant shadow, has often felt without such a downtown—no disrespect intended, and forgive me in advance if there is—like a woman having gone through a radical mastectomy. 

Thus the long and continued drive and cry in Oakland—preceding the Jerry Brown years—for a downtown commercial revitalization. 

But if we separate that feeling of “sense of worth” about a city having or not having a vibrant downtown commercial core, this drive and cry does not make nearly as much sense. Why does it matter where high-end retail is located in Oakland, so long as it is located somewhere accessible to the population? 

And that is where Oakland’s existing neighborhood commercial centers enter the picture. 

Oakland has three distinct levels of such centers. 

The first are thriving and close to going over the top as major commercial centers, with a wide variety of retail, service shops and restaurants and an enormous amount of foot and vehicle traffic. Among those I would count Lakeshore/Grand Avenue, the Fruitvale, the often-overlooked Chinatown, and probably Montclair Village as well. The second level would be those commercial centers revolving around supermarkets and restaurants and smaller retail and shops, such as the Laurel and College Avenue and Piedmont Avenue. The third would be the struggling—Eastmont Mall, Foothill Square, and the Acorn Shopping Center. 

Instead of looking to commercially develop the downtown area—where we are still waiting for people to move in—I would suggest concentrating on the neighborhood commercial centers where Oakland residents already live, and where a pattern of shopping has already been established. 

Such a strategy would involve using city resources to improve the business climate in the neighborhood commercial centers that are already thriving, while simultaneously rescuing and rebuilding those that are on the verge of collapse. 

For the thriving neighborhood commercial centers, access—meaning transportation—appears to be one of the major impediments for growth. Try finding a parking place at peak hours around Grand Avenue or in Chinatown or along Piedmont Avenue--it can be virtually impossible, and the prospect of parking in an insecure location and having to walk several long blocks to your destination is often what drives prospective shoppers or restaurant visitors to the more convenient parking lots of Emery Bay. 

Given the current problems of congestion, it is understandable that residents of the neighborhoods surrounding these successful centers would be reluctant to have them grow. 

Increased parking in the neighborhood commercial districts, first and foremost, then, is something the city should be studying, planning, and moving forward with. 

But public transportation should not be overlooked. 

AC Transit used to well-serve Oakland’s neighborhood commercial areas, but the district long ago ran low on money, and began cutting back on service. When BART was built, it was designed to move people from the suburbs to work, with stops in the downtown commercial centers and the malls. Oakland’s neighborhood commercial centers—with exceptions like the Fruitvale or Chinatown or the neighborhood surrounding the MacArthur BART Station—were almost entirely left out. 

Unfortunately, AC Transit, with its proposed Bus Rapid Transit project, would replicate that problem, laid out on a route that touches on several of the commercial centers that BART currently hits—downtown Berkeley, downtown Oakland, the Fruitvale, BayFair in San Leandro—while going far from the neighborhood commercial centers in Oakland that BART bypasses as well. 

AC Transit is a necessary core component of our public transportation system, hurting for money, and they are looking at BRT as a way to get an infusion of needed federal funds. But the Federal Transportation Agency’s new policy of encouraging public transportation along commercial corridors—while commendable in theory—is the kind of micro-managing from Washington that our conservative friends are so often, and often correctly, complaining about. Sometimes, such as in Oakland, the commercial and population centers are not along the major thoroughfares—Telegraph Avenue and International Boulevard, in this instance—but are tucked away in pockets on MacArthur Boulevard or College Avenue. 

My guess is that if the money was there to expand its service back to fully-serving those outlying commercial areas as it once did, AC Transit would do so. But the transit agency is not able to change federal policy on its own to allow for more local flexibility in meeting the goal of public transit serving commercial districts, and only a concerted, joint city-transit lobbying effort would stand a chance. 

The struggling commercial centers of Deep East Oakland and West Oakland are a different matter, of course, one that cannot be solved by simply figuring out a way to make room for more people to get there. 

But it’s here, in the neighborhoods, where Oakland’s commercial future lies, and where the concentration should be placed during the remaining three years of Mr. Dellums’ first term. If major retail wants to follow Mr. Brown’s 10K into downtown Oakland, I certainly wouldn’t turn it away. But if I were running Oakland, it is unto the hills—and down in the flatlands—where I would turn my eyes for commercial development. That is from whence cometh our help. 

Thus endeth the lesson. 

Mystery is the reverse side of history. Berkeley, a city chock-full of historic houses, naturally has its share of mysteries—interesting structures about whose origin little or nothing is known. 

Berkeleyans who enjoy exploring the town will have seen the lone pink Italianate Victorian standing at 2212 Fifth Street just south of Allston Way. Even those who don’t get about too much should be familiar with the grand Colonial Revival house guarded by two majestic palm trees at 1905 Martin Luther King Jr. Way (formerly Grove St.), just below Hearst Avenue. 

Despite decades of research at the Berkeley Architectural Heritage Association, nobody knows who designed these two houses and by whom they were built. 

But the houses have more than mystery in common: they also share a history, having been the successive homes of one prominent family, whose head was an imposing figure in local affairs as well as in state politics. 

The pink Italianate, now clad in asbestos shingles but originally clapboarded, was one of three similar but not identical houses built circa 1877 on the site of John A. Carbone’s future orchid nursery. The other two were located at 728 Allston Way and 2213 Fifth Street. The three were first mentioned on February 2, 1878 in the Berkeley Advocate, which announced that “the three fine houses built by the Berkeley Real Estate Union, and situated nearly opposite the [Standard] soap factory have been sold to a Chicagoan, who intends to make his home in Berkeley.” 

The Berkeley Real Estate Union was located on the northwest corner of University and Shattuck Avenues. The manager was M. McDonnell, who lived in San Francisco. The company existed only in 1877 and 1878, and during the first six months of 1877 it advertised regularly (sometimes weekly, sometimes daily) in the Oakland Evening Tribune, offering “houses built and sold on the installment plan” and “land for sale in all parts of Berkeley.” 

The man who bought the three houses was one Charles Montgomery, a speculator who never became a Berkeley resident. By the following year, he had sold the houses to three different men, speculators like himself, who also turned over the properties within a year to other buyers who did the same. For a while, at least one (and at times all three) of the houses belonged to realtor Walter M. Heywood, son of West Berkeley’s lumber magnate Zimri Brewer Heywood (1805–1879) and the trustee of his estate. 

In 1889, the Berkeley directory first listed Berkeley’s town clerk, Charles H. Spear, as living at 2212 Fifth Street. He may have rented the house in 1887, after marrying Tillie Rose Guenette (1870–1952), daughter of pioneer West Berkeley blacksmith and wagon-maker Peter Guenette. Spear’s widowed mother Elizabeth lived with the couple, and the house was registered in her name when the Spears purchased it in 1890 or ’91. In its dozen years of existence up to that point, the house had eight successive owners, of whom the Spears were the very first to occupy the premises. Their three children were born here between 1887 and 1891. 

Charles Henry Spear (1862–1928) was born in Sonora, Tuolumne County, to Bostonian parents. His father, Frederick Augustus Spear, ran a pharmacy there until 1864, when he was appointed druggist to the State Insane Asylum in Stockton. Eventually the Spears moved to Oakland, and in 1882 they arrived in West Berkeley, where Frederick opened a drugstore on the corner of University Avenue and Fifth Street. He died in 1885. 

By 1892, Charles Spear was a notable enough figure to merit a biography in The Bay of San Francisco (Lewis Publishing Co.). He would be the subject of many others in the future, but this version is probably the most accurate: 

Charles H. Spear was educated in the schools of Stockton until 1876, when on the removal of the family to Oakland, he went to work in San Francisco as messenger for the Western Union Telegraph Company, and some two years later as collector for the Wheeler & Wilson Sewing Machine Company with whom he remained nearly three years. In 1881 he worked for L. M. McKenney & Co., directory publishers, and in 1882 went to Sacramento, where he spent nearly two years as bookkeeper for the H. T. Holmes Lime Co. He was Assistant Postmaster of West Berkeley in 1884, and Postmaster in 1885, conducting also a drug, book and stationery store. In 1885, in partnership with John Rooney, under the style of Rooney & Spear, he also carried on a general store. In 1887 he bought out his partner, and in 1888 sold out all his trading interests. Meanwhile he had been elected Town Clerk, in 1886, entering on the discharge of his official duties in May of that year; and he has been re-elected to that office every year since. 

Spear’s seven-year stint as town clerk ended in May 1893. He went into the real estate business and the following year was elected Alameda county recorder. In February 1900, California governor Henry T. Gage appointed him port warden in San Francisco. The appointment reflected Spear’s intensive involvement in Republican politics. 

In addition to being a member of the Berkeley Republican Club’s executive committee and a trustee of the West Berkeley Improvement Club, Spear also co-managed the 1900 congressional campaign of Alameda County Assessor Henry P. Dalton, a friend and associate of former Oakland mayor Dr. George C. Pardee. (Dalton was plagued by scandals throughout that year and lost the election. In 1911 he would be convicted of bribery and imprisoned at San Quentin, a few cells away from Abe Ruef, who was serving 14 years in connection with the San Francisco graft cases.) 

In 1902, Spear acted as chairman of the state’s Republican campaign committee, which helped put Pardee in the governor’s mansion. The reward was not long in coming: on March 25, 1903, Spear came into “possession of the honors and emoluments attaching to the office of president, State Board of Harbor Commissioners,” as the San Francisco Call succinctly put it. Despite its title, the board’s power was confined to the port of San Francisco, which was owned and managed by the state. 

Midway through his four-year term, Spear had to confront the supreme challenge of dealing with the devastation wreaked by the 1906 earthquake and fire. He passed with flying colors, according to the report of Commander Charles J. Badger of the U.S. Navy, who was in charge of the flagship Chicago _and of the Sixth Marine District of San Francisco. “Spear,” wrote Badger, “immediately responded and his intimate knowledge of all the details of water-side affairs, his wide acquaintance with the local business community, his energetic endeavors to restore normal business conditions in the shipping district in the shortest possible time and his sound and loyal assistance merit the highest praise.” 

Only after Spear’s term ended did it come to light that his administration was not without internal problems. In February 1907, the U.S. Treasury Department asked for the resignation of the port’s deputy surveyor and its customs appraiser on grounds of bad bookkeeping. It was further revealed that “bickering is constant between various departments, the heads of which are barely on speaking terms with each other.” 

Having returned to the private sector, Speak busied himself with real estate investments. The family was now ensconced in a large and handsome new house at 1905 Grove Street. Built in an elaborate Colonial Revival style, it was a showplace and the center of much political activity. 

No contract or completion notices have been found for this house, but assessor’s records and city directory listings indicate that it was constructed in 1904. The architect may have been William H. Wharff (1836–1936), who designed a number of other Colonial Revival residences in the neighborhood, including his own house at 2000 Delaware Street. Wharff’s best-known Berkeley building, the Masonic Temple on the corner of Bancroft and Shattuck, was erected a year later and is listed on the National Register of Historic Places. 

In 1909, Spear was a mayoral candidate in the Berkeley elections but was soundly trounced by Beverly L. Hodghead of the Good Government League. This rivalry did not prevent Spear from joining mayor Hodghead in opposing a proposed annexation of Berkeley to Oakland. On Aug. 26, 1910, the Oakland Tribune reported that “Charles H. Spear is opposed to consolidation because he does not wish to see the pure, ideal government of Berkeley swallowed up in the Babylonian wickedness of Oakland.” The initiative went down to defeat at the ballot box on Sept. 15, 1910, with Berkeley casting 4,009 to 1,402 votes to reject consolidation. West Berkeley was the only district that voted for annexation. 

In 1923, Spear was a member of the campaign committee to institute a council-manager form of government, which Berkeley adopted that year. Also in 1923, Spear was reappointed president of the State Board of Harbor Commissioners, this time by governor Friend W. Richardson. He retired in 1925 after accepting the position of harbor manager in Los Angeles. 

After suffering a heart attack in February 1927, Spear resigned from his Los Angeles job. Returning to Berkeley, he and Tillie lived in a suite at the Whitecotton (Shattuck) Hotel until his death on March 7, 1928. Two days later, he was buried with Masonic rite in Mountain View cemetery. Among his honorary pall bearers were San Francisco mayor James Rolph and former California governors Pardee and Richardson. 

Photograph by Daniella Thompson. 

This grand Colonial Revival house at 1905 MLK Jr. Way was built for Charles H. Spear in 1904. 

Daniella Thompson publishes berkeleyheritage.com for the Berkeley Architectural Heritage Association (BAHA). 

Annie’s Annuals sent me a promo e-mail a week or two back. Not spam; I’ve put my name on Annie’s mail list because I want to know when the Annies do interesting stuff.  

Annie’s has been around a few years, and survived at least three moves to what should be a more secure location. Gardens, nurseries, plants in general don’t get no respect, and lots of the size Annie’s needs keep getting sold and paved over for shopping malls and bloated housing developments.  

Annie’s is selling holiday tchotchkes, yes, but the main focus of this nifty cottage industry is plants. Annie’s is a fashion-starter. Plants from all over the world show up here, get grown out and tested and sold wholesale—you’ll see them showing up under their great information tags at other nurseries around the area—and, to those savvy enough to find the place, retail. They’re not cheap but the prices are fair and a good investment and they’re always interesting.  

I’m personally fond of Annie’s for all sorts of reasons, including the personalities there. But the big ace bell-ringing golden reason is that this is that unfortunately rare creature, a propagating nursery. Since Annie’s does sell wholesale, plants from there get shipped around in their whole half-grown potted state but the focus is something that gets forgotten in mass marketing and Mallworld: the miracle of living things is that they produce more living things.  

Annie’s doesn’t need to import a containerload of nifty Mediterranean-climate plants from South Africa, or even a truckload of California natives from down the road a piece. To propagate, you put your seed in some dirt or your cuttings in some sand, add water and kindly conditions, and wait a bit. Hallelujah, you get plants!  

And when they grow up enough, look: More seeds, more cuttings, more plants! You can clone an unusual flower and have a whole patch of it. You can also get carried away and homogenize half the civic plantings in the state with it, but here’s where an interest-driven small place like Annie’s makes its own controls. Something else interesting comes along and it all just gets to be too much fun to innovate, and you can’t be bothered to devote an acre or two to baby Sameol’ dittooides.  

A sense of play is vital to good work. Oh yeah. 

Buying everything at Target, we get to forgetting both what resources go into cheap imported crap—what kind of insanity drives international trade as it exists now, and how can we bear to let it destroy what we love?—and how generous the living planet actually is.  

We get air and water and wonderful things to eat and drink and see and smell and hear and feel, and we actually have to do very little to “earn” it. We can have the fun stuff like coffee and chocolate, even; importing doesn’t have to happen in the destructive, wasteful way it does now. All we have to do is, first, not screw it up.

Dash it all! It seems to take so blasted long to get clothed for the office these days, what with button-hooking the boots, those darned gaiters, buttoning those trousers all the way up and then there’s all the layers. My tailoring bill has become absolutely astronomical and my dresser takes a good 45-minutes ironing my shirt, cravat and those endless four-fold handkerchiefs. Perhaps one day, a man will be able to wear only three layers when flagging his Hansom cab to the office, but for now we must plod through, chin high and suffer silently. 

If your chimney could speak, it would say something to this effect and well it should. It’s positively Victorian, you know. 

Brick chimneys are truly a thing of the distant past and have about as much to do with modern living as watch fobs and snuff. Not that I have much against Victorian things. I actually adore them but there are more serious issues afoot than antiquation. Brick chimneys are singularly illogical and ill-fit for the building and habitation of houses and it’s time we put them away, especially if you live near an active fault-line. 

Brick chimneys are like built-in vacuum systems, no more or less romantic than that. They are built-in devices designed to serve a specific function in the home. They are exactly as automatic, efficient and seismically safe as was possible at the time they began insinuating themselves into the fabric of housing so many hundreds of years ago. 

Open fires were the state of the art up until about 200 years ago when a range of alterative heating methods began to come on the scene. Our own Ben Franklin (patron saint of building inspection) invented a class of heating and cooking devices know by his name and this is just one of many inventors who began the process of leading us away from the brick hearth. Nevertheless, the hearth lived on well into the 20th century, changing only to save builders money as it began changing into the sheet metal, poured cement and a range of other novel materials. 

They remained because of our attraction to fire. We still long to dance around the bonfire in the village center or cozy up beside the hearth with someone special (Good dog! Now, Stay). Fire is in our hearts and, as we face the dark time again this winter, it gives us something that only cold weather and long nights can, something deep in the bones that forced air heating can not address. 

So, to be clear, I do not oppose fire. I love it. We all love fire but I would suggest that the days of this particularly cumbersome, expensive and dangerous accoutrement of architecture are done and it is time to move on. I even believe this to be true for older homes (with some few notable exceptions). 

Clearly, fire itself is dangerous and if we are to have fires, they should be contained in a way that minimizes the dangers. Carbon monoxide is a product of fire, however, this concern can be addressed readily enough by the mass use of CO detectors. Every living space should have one. ‘Nuff said. 

Next is the danger that a house will catch fire while using one. Brick fireplaces can become internally cracked in such a way as to allow fire to contact wood framing and inflame the house. While regular and diligently performed inspections can prevent this occurrence, they simply don’t get done. I am not in favor of any system that is based on a) individual responsibility (and memory) for maintenance to prevent fire and death or b) a high level of ability for every service person.  

Frankly, I’m not that worried about the chimney repair personnel. They generally seem an able lot. It’s the owners I’m concerned about. Very few get their chimneys examined or cleaned on a regular basis and a serious accumulation of creosote (a tar-like build-up) can cause a chimney fire and a crack in the wrong place can burn the house down.  

Another concern is the welfare of the environment. Chimneys put out significant levels of particulate emissions and add to air pollution. The particles are quite small and contribute to lung cancer and other respiratory illnesses. As a result, modern requirements for fireplaces are extremely stringent compared with our Victorian era fireplaces and nothing of that sort can be built today in most communities. 

Lastly, there’s that nasty matter of earthquakes. As I’m far too prone to report, we have had no earthquake in any of our lives that is nearly as large as the one that occurred in 1868 on the Hayward fault in the East Bay and this is a likely match for the one we’re waiting on; 4.0 earthquakes (the ones we get from time to time) are roughly 1/30,000th the size of the one we’re waiting on; 7.0 earthquakes take chimneys down. New ones, old ones and anything that looks like one (e.g. That old brick flue that’s running up the wall between the kitchen and dining room). When we get our earthquake, it is likely to take virtually all of them down, no matter how well they’re built. 

For this reason, I recommend that the ones that are inside the house, as opposed to those that run up the exterior, be taken down or reduced in height so as to decrease the degree of harm they pose during that big quake. 

Modern equivalents for fire often seem sorry when compared to the beauty of our old fireplaces and I would turn back on myself and stand in defense of at least a few of the really spectacular ones regardless of the earthquake issues. If you have Clinker brick (the ones that appear melted and odd shaped, often projecting out of the wall plane), it might be worth the risk to keep them and enjoy them as long as possible.  

If you’re willing to spend the money, Clinker or any old brick can be reinstalled over a ductile false-work and withstand fairly large earthquakes although it’s hard to recommend such efforts for all but the most historically or aesthetically profound examples. Like our chap in his 7 piece suit, it’s essential that we keep a few museum examples (as well as a few Gossford Parks) but move on to more practical means of heating and communion for the rest. 

As to that communion. I do think that fire belongs in the home, but how do we do it. In a time when global temperature and CO2 levels continue to rise, it’s not reasonable to be cutting down trees and burning them without some small consideration for the particulate and gases released. Pellet stoves and inserts are far more conservative and create a nice, albeit tiny fire. Gas fireplaces certainly lack the verve and magic of a roaring open fire but do provide a safe and convenient equivalent that one might actually use many more days each year. Further, these same gas fire places can utilize room thermostats and function as real heating for small houses or apartments. Wood burning inserts for stoves have catalytic converters today (not unlike the ones in cars) that reduce particulate and burn a small supply of wood for a longer time, thus decreasing their eco-unfriendliness. 

Even the wood burning fireplaces of today (often called zero-clearance for their ability to install right against wooden framing) are a somewhat more efficient and a better choice than great-grandmother brick. 

I like this move toward backyard fires that I’ve seen lately. Chimineas and fire pits seem to be growing in popularity today and it’s awfully nice to sit about a noisy, dancing fire with a gang of friends sharing the tales of the week.  

I say we start taking them out in the street and bring out the drums. Wait, I think I still have that loin cloth! (Good thing it’ll be dark. This is something you don’t want to see!) 

Tectonic Time Bomb 

Big news in the papers recently: USGS seismic scientists have discovered that the Hayward Fault has had a major rupture every 140 years, on average, since the year 1315. In case you wonder: we’re in the 140th year since the last one. 

Devastation in the Bay area from a 6.7 quake would be enormous. The scientists, however, think that a 7.3 Hayward quake is quite possible: a huge difference in energy and shaking.  

Could this be a good time to prepare? Do you have emergency kits at home and in your cars? Extra water and food? Installed an automatic gas shut-off valve at home? Secured your furniture? 

Make your home secure and your family safe. 

Larry Guillot is the owner of QuakePrepare, an earthquake consulting, securing and kit supply service. Contact him at 558-3299 or see www.quakeprepare.com to receive semi-monthly e-mails and safety reports.  

The presidential election will occur on Tuesday, Nov. 4, 2008, less than a year from now. Because the candidates have been campaigning for 11 months, we already know quite a lot about the likely outcome. 

There are three front-runners in the competition for the Democratic presidential nomination: New York Sen. Hillary Clinton, Illinois Sen. Barack Obama, and former Sen. John Edwards. Sen. Clinton has run a strong campaign, performed well in the Democratic presidential debates, and gradually pulled away from her competitors. The latest polls indicate Ms. Clinton has the support of 44 percent of Democrats, followed by Obama with 25 percent, Edwards with 14 percent, and the other candidates trailing far behind. While her favorability ratings continue to worry some political observers—78 percent of Republicans view her negatively—they’ve improved as the campaign as progressed. 

The race for the Republican nomination is closer. Former New York City Mayor Rudy Giuliani maintains a narrow lead over three other major GOP candidates: former Sen. Fred Thompson, former Gov. Mitt Romney, and Arizona Sen. John McCain. Among GOP faithful there is a notable lack of enthusiasm for any of the front-runners: Giuliani is seen as too liberal, Thompson as too lethargic, Romney as too “extreme”—he’s a Mormon, and McCain as too erratic. 

Although he isn’t doing well in the national polls, former Arkansas Gov. Mike Huckabee is showing surprising strength in Iowa, the first primary state, where he’s running in second place behind Mitt Romney. Both the economic and social conservative wings of the GOP like Huckabee—he’s an ordained Southern Baptist Minister. If Huckabee is among the top three Republican candidates in Iowa, his candidacy will attract more money. 

So far, the Democratic primary has been relatively tame: there have been few of the personal attacks that often characterize these contests. That will change in the general election, as Republicans view Sen. Clinton as a prime target for attack. Rudy Giuliani has based much of his campaign on the contention that he is the best alternative to Ms. Clinton as her “liberalism” would be bad for America. 

Nonetheless, after the summer Democratic and Republican conventions, the battle for president will likely be waged on issues as much as personality. There are huge differences between the Democratic and Republican positions on the top concerns. 

The preeminent item will be Iraq, where Democrats favor a staged withdrawal and Republicans want U.S. forces to remain until they “win.” The most important domestic issue is healthcare, where Democrats favor a national plan that protects most Americans, particularly children, and Republicans oppose this as “socialized medicine.” The two parties also differ on the economy: Democrats want the federal government to take action to ensure Americans have access to good jobs and Republicans believe the solution is more tax cuts. As regards immigration, Democrats favor a path to citizenship for undocumented immigrants and most Republicans don’t. 

There are also clear differences on the other issues likely to be discussed in stump speeches and candidate debates. Democrats favor exploration of alternatives to fossil fuel, rebuilding America’s transportation infrastructure, and encouraging conservation by actions such as raising Corporate Average Fuel Economy (CAFE) standards; Republicans want regulations removed so energy companies can dig and drill anywhere in the United States. While Americans are worried about the possibility of another terrorist attack, there is disagreement about how much power to grant the president to pursue terrorists: Republicans favor granting the executive branch of government carte blanche, letting the White House do whatever it feels is necessary to thwart attacks: even if this means spying on average Americans, torturing suspects, or denying suspects due process. All Americans worry about education, but Republicans see the problem as a simple matter of setting standards and punishing poor performing schools. Democrats view education as a system that involves elements such as nutrition, family support, teacher training, and funds to improve the educational infrastructure.  

Republicans favor government involvement in important personal decisions such as family planning and end-of-life arrangements; Democrats believe these should remain private matters. Finally, Americans are concerned about the environment whether in the form of local pollution issues or the menace of global climate change. Republicans remain passive on environmental issues arguing either that environmental catastrophe has been overstated or the best solution is to let the market respond. Democrats take a more active stance and want the federal government to act both in the form of regulation and also incentives to encourage citizens and corporations to take environmentally beneficial actions. 

It appears that the 2008 presidential election will pit Hillary Clinton against Rudy Giuliani: two candidates seen as “flawed” by members of their respective parties. Although the presidential campaigns will feature virulent attacks on both Clinton and Giuliani, the primary focus will be on issues, the dramatic difference in philosophy between Republicans and Democrats. On this basis, Senator Clinton will probably prevail, as her positions are closer to the American mainstream. 

Bob Burnett is a Berkeley writer. He can be reached at bobburnett@comcast.net. 

Bamboo is a plant with many faces and many reputations. It’s invasive, except when it’s not; it’s edible, tough, fast-growing. It’s good for scaffolding, houses, roofs, containers (in sizes from spice-bottle to bazooka), musical instruments (the Malagasy valiha tubular harp and sodinha flute, just for example), bows and arrows and the bowstrings too, fishing rods, curtain rods, flooring, paneling, dishes, kitchen and table utensils as well as the table and most of the kitchen itself, including water pipes.  

So you can eat bamboo shoots using bamboo chopsticks (or a bamboo knife, fork, and spoon) from a bamboo plate and wash it down with a drink from a bamboo cup, poured from a bamboo pitcher, sitting on a bamboo chair at a bamboo table on a bamboo floor in a bamboo house in a bamboo forest, listening to a bamboo orchestra. You can spill it on your bamboo-fiber shirt if you don’t watch out. 

I’ve even seen a bicycle made mostly of bamboo, and a mo-ped veneered in it. I’ve never heard of bamboo booze but I figure it’s only a matter of time.  

Don’t sing “Under the Bamboo Tree” as you wobble down the road, though, or some pedantic individual like me might yell out to correct you. Even timber bamboo is just tall grass. That’s part of the secret of its biological success and its indispensability to us. 

Grass has the physiological advantage of fast growth from advancing roots. That’s why prairies get along just fine while being grazed by bison; or savannas, ditto with wildebeest and other antelopes, zebras, and whatever else still ranges across Africa in magnificent herds. Grass doesn’t mind being bitten off at the top. That pruning doesn’t affect its growth pattern the way it would that of trees or most normal herbs.  

There’s a sort of running joke among evolutionary botanists about the war between the grasses and the trees, for world domination. (Currently, the grasses have domesticated us for their purposes much more successfully than the trees have: Consider how much more of the land’s surface we’ve devoted to grains—grasses—than to fruit orchards and ornamental trees.) It seems to me that the various bamboo species represent a sort of biological compromise between the two, or maybe a subversion of the tree strategy of size and structural sturdiness.  

Bamboo accomplishes this by having a critical proportion of lignin and cellulose in its tissues—lignin for stability, cellulose for tensile strength—and a tubular stem/trunk structure for optimum light weight to be supported.  

Another of bamboo’s physiological peculiarities is the way it flowers.  

Yes, grasses flower, if someone doesn’t mow or graze them. They’re wind-pollinated; the flowers get away with being inconspicuous since they don’t have to attract pollinators. Any bamboo species tends to bloom rarely—30 to 80 years, by some estimates—and then all at the same time.  

And then the plants die. The synchronous bloom and seed-setting is followed by the withering of the parent plant. Since a whole grove or even forest might consist of one clone arising from a central root mass, rather like an aspen clone, it all follows the same sequence and then drops dead.  

This has interesting consequences. It might be that it’s not such a problem as had been supposed for pandas, who feed exclusively on bamboo foliage, unpromising though that is. They’ve survived rather a lot of these bloom years; I guess that’s no surprise. What they need, apparently, is more bamboo forests to move to when their heretofore reliable green buffet disappears.  

The mass flowering of bamboo is reminiscent to the life cycle of those cicadas that live underground for 17 years, then stage a mass emergence, mate, and die. (Or 13 years, depending on the cicada.) Oaks and other nut trees do something similar on a less dramatic scale when they bear heavily and en masse in their masting years.  

It’s all about predator satiation. The bamboos flood the market to ensure that some seeds don’t get eaten, and do it on such a long cycle that seed-eaters are unlikely to adapt their own life cycles to it.  

“If bamboos flowered every year, seed eaters would track the cycle and present their own abundant young with the annual bounty,” wrote Stephen Jay Gould. “But if the period between episodes of flowering far exceeds the life-span of any predator, then the cycle cannot be tracked (except by one peculiar primate that records its own history).” 

Gould notes that such a reproductive cycle, in this case so long that any seed-eater would starve to death waiting before becoming dependent on it, works just fine evolutionarily: “It is sometimes advantageous to put all your eggs in one basket—but be sure to make enough of them, and don’t do it too often.” 

Photograph by Ron Sullivan. 

A timber bamboo in a Berkeley backyard.

FRIDAY, NOV. 16 

THEATER 

Actor’s Ensemble of Berkeley”Rosencrantz & Guildenstern Are Dead” Thurs.-Sat. at 8 p.m. at Live Oak Theater, 1301 Shattuck Ave., through Nov. 17. Tickets are $10-$12. 841-5580.  

Aurora Theatre Cmpany“Sex” Wed.-Sat. at 8 p.m., Sun. at 2 and 7 p.m. at 2081 Addison St., through Dec. 9. Tickets are $28-$50. 843-4822. www.auroratheatre.org 

Berkeley Playhouse “Seussical, the Musical” Thurs.-Sat. at 7:30 p.m., Sat. at 2 p.m., Sun. at 3 pm. at the Ashby Stage, 1901 Ashby Ave., through Dec. 2. Tickets are $18-$23. 665-5565.  

Berkeley Rep “After the Quake” at the Trust Stage, 2025 Addison St., through Dec. 21. Tickets are $33-$69. 647-2949. www.berkeleyrep.org 

Central Works “Every Inch a King” Thurs.-Sat. at 8 p.m., Sun. at 5 p.m. at the Berkeley City Club, 2315 Durant Ave., through Nov. 18. Tickets are $9-$25. 558-1381. 

Contra Costa Civic Theatre “A Midsummer Night’s Dream” Fri. and Sat. at 8 p.m., selected Sun. at 2 p.m. at Contra Costa Civic Theatre, 951 Pomona Ave., (at Moeser), El Cerrito, through Dec. 9. Tickets are $11-$18. 524-9132.  

Impact Theatre “A Very Special Money & Run Winter Season Holiday Special” Thurs.-Sat. at 8 p.m. at La Val’s Subterranean, 1834 Euclid Ave., through Dec. 22. Tickets are $10-$15. 464-4468. http://impacttheatre.com 

Masquers Playhouse “Little Mary Sunshine” Fri. and Sat. at 8 p.m., selected Sun. at 2:30 p.m. at 105 Park Place, Point Richmond. Through Dec. 15. Tickets are $18. 232-4031. www.masquers.org 

UCB Dept. of Theater, Dance, and Performance “Wintertime” Fri. and Sat. at 8 p.m., Sun. at 2 p.m. at the Durnahm Studio Theater, UC Campus., through Nov. 18. Tickets are $8-$14. 642-8827. theater.berkeley.edu 

Wilde Irish Productions “The Children of Lir” Fri. and Sat. at 8 p.m., Sun. at 3 p.m., through Nov. 24 at Gaia Arts Center, 2116 Allston Way. Tickets are $10-$12. 841-7287. www.wildeirish.org 

EXHIBITIONS 

“The Gift of Art” Group show of mixed media, paintings and sculpture. Reception at 6 p.m. at Cecile Moochnek Gallery, 1809-D Fourth St. 549-1018. 

FILM 

“The Roe’s Room” with filmmaker Lech Majewski in persom at 7 p.m. and “Glass Lips” at 9:15 p.m. at the Pacific Film Archive. Cost is $5.50-$9.50. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Hecho in Califas Yosimar Reyes, poet and He(R)evolition, written and performed by Julia Grob at 8 p.m. at La Peña Cultural Center. Cost is $10-$12. 849-2568. www.lapena.org 

Dorothea Lasky and Eric Baus read their poetry at 7:30 p.m. at Pegasus Books Downtown, 2349 Shattuck Ave. 649-1320. 

Bloch Lecture Series “The Castrato in Nature” with Prof. Martha Feldman at 4:30 p.m. at 125 Morrison Hall, UC Campus. 642-4864.  

The Magpies Poetry Reading by Judy Wells, Dale Jensen, Ralph Dranow and Barbara Hazard at 7:30 p.m. at Giorgi Gallery, 2911 Claremont Ave. at Ashby.  

Ha Jin talks about “A Free Life” at 7 p.m. at Cody’s Books on Fourth St. 559-9500. www.codysbooks.com  

Sasha Cagan introduces “To-Do List: From Buying Milk to Finding a Soul Mate, What Our Lists Reveal about Us” with a “List Slam” at 7:30 p.m. at Mrs. Dalloway’s, 2904 College Ave.  

MUSIC AND DANCE 

San Francisco City Chorus performs Mendelssohn’s “Walpurgisnacht” and Durfle’s ‘Requiem” at 8 p.m. at First Congregational Church, 2345 Channing Way. Tickets are $15-$20. 415-701-7664. www.sfcitychorus.org 

Peace Nick with Roy Zimmerman, satirical songwriter, at 8 p.m. at Unitarian Universalist Church of Berkeley, 1 Lawson Rd., Kensington. Tickets are $10-$20, $30 for reception at 6:30 p.m. and show. 525-0302, ext. 306. www.brownpapertickets.com 

Marvin Sanders, flute, Lena Lubotsky, piano at 7:30 p.m. at Berkeley Art Center, 1275 Walnut St. 644-6893. www.berkeleyartcenter.org 

Pina Bausch Tanztheater Wuppertal Fri. and Sat. at 8 p.m., Sun. at 7 p.m. at Zellerbach Hall, UC Campus. Tickets are $34-$76. 642-9988. www.calperfs.berkeley.edu 

Babtunde Lea’s “Summoning of the Ghost” The Art of the Organ Trio with Delbert Bump at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $14. 841-JAZZ. www.AnnasJazzIsland.com 

Mamadou & Vanessa Sidibe, Walter Strauss Trio with Stephen Kent at 9 p.m. at Ashkenaz. Cost is $10-$15. 525-5054. www.ashkenaz.com 

Studio Band at 8 p.m. at the Jazzschool. Cost is $10. 845-5373. www.jazzschool.com 

Tempest at 8 p.m. at Freight and Salvage. Cost is $18.50-$19.50. 548-1761. www.freightandsalvage.org 

Loop Station at 8:30 p.m. at Downtown. 649-3810.  

Renee Asteria and Ruben Quinones at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

R&B Free Jazz Gospel Supreme 80 at 9:30 p.m. at The Starry Plough. Cost is $8. 841-2082. www.starryploughpub.com 

Guttermouth, Red Handed, United Defiance 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. 

The P-PL at 10 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790. www.beckettsirishpub.com 

Forrest Day, The Zazous, Deraj the Scatterbrain, Celcius 7 at 9:30 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $5-$8. 548-1159.  

Tina Malia and Lisbeth Scott at 7:30 p.m. at Sacred Space at Rudramandir, 830 Bancroft Way at 6th. Cost is $20-$25. 486-8700. 

Bird Head, jazz, at 8 p.m. at Jupiter. 843-8277. 

Gato Barbieri at 8 and 10 p.m., through Sun. at Yoshi’s at Jack London Square. Cost is $24-$28. 238-9200. www.yoshis.com 

SATURDAY, NOV. 17 

CHILDREN  

Los Amiguitos de La Peña with Melissa Rivera, bilingual children’s songs, at 10:30 a.m. at La Peña. Cost is $5 for adults, $4 for children. 849-2568.  

The Bubble Lady at 11 a.m. at Studio Grow, 1235 Tenth St. Cost is $7. 526-9888. 

EXHIBITIONS 

Box Art Benefit Auction to benefit a Youth Fellows Initiative at Pro Arts at 6 p.m. at 550 Second St. 763-9425.  

“Cultural Memories” Color pigment photographs by Mary Ann Hayden. Reception at 5 p.m. at Photolab Gallery, 2235 Fifth St. 644-1400. 

New Work by Susan Anson and Michelle Echenique Sat. and Sun. from 11 a.m. to 4 p.m. at 2407 4th St. 549-1543. 

“Exhibit 17: Attention to Detail” Photographic images by Jill Thomas and Lori Nunokawa. Opening reception at 6 p.m. at Float Art Gallery, 1091 Calcot Place, Unit #116., Oakland. 535-1702. 

Artists Reception at 2 p.m. at Alta Galleria, 2980 College Avenue, #4. 421-1255. 

“Made In Equilibrium” Works by Michele Elizabeth Lee, Brady Nadell and Ross Drago opens at ABCo Artspace, 3135 Oakland, Oakland. www.abcoartspace.com 

READINGS AND LECTURES 

Visions of Peace & Justice Slideshow and discussion celebrating the publication of “Visions of Peace & Justice: 30 Years of Political Posters from the Archives of Inkworks Press 1974-2007” at 7 p.m. at Berkeley Art Center, 1275 Walnut St. www.inkworkspress.org 

Taubman Piano Seminar with John Bloomfield, Robert Durso, Marc Steiner, others from 9 a.m. to 4 p.m. Sat. and Sun. at Berkeley Piano Club. 2724 Haste St., Berkeley. Suggested donation $110 per day in advance. 523-0213. eswarthout@sbcglobal.net 

“Performing Past and Present” Robert Lepage in conversation with Prof. Anthony J. Cascardi at 7 p.m. at UC Berkeley Art Museum, 2621 Durant Ave. 643-9670. 

art+activism=artivism A discussion on the intersection between arts and community action at 2 p.m. at La Peña Cultural Center. Free. 849-2568.  

William Moor and Jenny Drai read in celebration of the first issue of the poetry journal “Sorry 4 Snake” at 7:30 p.m. at Pegasus Books Downtown, 2349 Shattuck Ave. 649-1320. 

Theo Gangi introduces “Bang Bang” at 7 p.m. at Cody’s Books on Fourth St. 559-9500. 

Kitty Burns Florey on “Bernadette’s Barking Dog: The Quirky History and Lost Art of Diagramming Sentences” at 7:30 p.m. at Mrs. Dalloways, 2904 College Ave. 704-8222. 

Shawna Yang Ryan reads from her debut novel “Locke 1928” at 3 p.m. at Eastwind Books of Berkeley, 2066 University Ave. 548-2350. 

MUSIC AND DANCE 

Chaskinakuy Andean village music at 8 p.m. at Trinity Chapel, 2320 Dana St. Tickets are $8-$12. 549-3864. www.trinitychamberconcerts.com/2007-2008.html 

Chora Nova “Homage to Saint Nicholas” at 8 p.m. at First Congregational Church of Berkeley, at Dana and Durant. Tickets are $10-$18. www.choranova.org 

Kalbass, Alafia Dance Ensemble Haitian Vertieres Celebration at 9 p.m. at Ashkenaz. Cost is $10-$15. 525-5054. www.ashkenaz.com 

Taubman Faculty Piano Concert with John Bloomfield, Robert Durso, Marc Steiner, Elizabeth Swarthout, Rebecca Bogart, and Debbie Poryes at 7:30 p.m. at Berkeley Piano Club, 2724 Haste St. Suggested donation $20. 523-0213.  

La Monica “The Amorous Lyre: Virtuoso Sonatas and Cantatas of 17th Century Italy” at 8 p.m. at St. John’s Presbyterian Church, 2727 College. Tickets are $10-$27. 528-1725.  

University Chorus at 8 p.m. at Hertz Hall, UC Campus. Tickets are $4-$12. 642-9988. 

CUBAHIA! music and dance from Cuba and Brazil at 8 p.m. at Laney College Theater, 900 Fallon St. Oakland. Tickets are $24-$27. 1-800-504-4849.  

Rockinghorse, acoustic rock, at noon at Cafe Zeste, 1250 Addison St. at Bonar, in the Strawberry Creek Park complex. 704-9378. 

Mamaz, Rebel Diaz, The Getback Crew, hip hop at 9 p.m. at La Peña Cultural Center. Cost is $10-$12. 849-2568.  

Robin Gregory & Her Trio at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $12. 841-JAZZ.  

Haitian Cultural Extravaganza with Kalbass, Alafia Dance Ensemble and Haitian rap artist J-W, at 9 p.m. at Ashkenaz. Cost is $12-$15. 525-5054.  

Beltaine’s Fire, Scott Simon at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344.  

Will Blades Quartet at 8 p.m. at Jupiter. 843-8277. 

House Jacks at 5 and 8 p.m. at Freight and Salvage. Cost is $18.50-$19.50. 548-1761.  

Greg Murai & Everyday Wisdom at 8 p.m. at the Jazzschool. Cost is $12-$15. 845-5373. www.jazzschool.com 

Cari Lee & the Saddle-ites, rockabilly, country-jazz, at 9 p.m. at Downtown. 649-3810.  

Ben Adams Jazz Group at 9:30 p.m. at Albatross, 1822 San Pablo Ave. Cost is $3. 843-2473. www.albatrosspub.com 

Debby Gipsman with Lisa Zeiler, Alyn Kelley and Phil Gorman at 9:30 p.m. at The Starry Plough. Cost is $8. 841-2082.  

Shook Ones, Easel, Final Flight 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. 

SUNDAY, NOV. 18 

EXHIBITIONS 

“The Works of a Year in Mexico” Paintings by Juana Alicia. Gallery talk by the artist at 3 p.m. at Joyce Gordon Gallery, 406 14th St., Oakland. 465-8928. 

“Works by the late Susannah Fiering” from 2:30 to 6:30 p.m. at Berkeley Fellowship of Unitarian Universalists, 1924 Cedar St. at Bonita.  

Photographs of Hill Tribe Women in Northern Thailand by Adrienne Miller. Artist talk at 2 p.m. at the Berkeley Public Library, 2090 Kittredge St. 981-6241. 

“Silent Light” photographs and prints by Jo-Anna Pippen. Reception from 4 to 6 p.m. at the Albany Community Center Foyer Gallery, 1249 Marin Ave., Albany. 524-9283. 

Cambodian Women’s Quilt Project from 10 a.m. to 2 p.m. at Kensington Farmers’ Market, 303 Arlington Ave. 684-6502. 

“One Way or Another: Asian American Art Now” Guided tour at 2 p.m. at Berkeley Art Museum, 2626 Bancroft. Cost is $5.50-$9.50. 642-0808. 

FILM 

“The Knight” with filmmaker Lech Majewski in person at 4:30 p.m. at the Pacific Film Archive. Cost is $5.50-$9.50. 642-0808.  

READINGS AND LECTURES 

Day of the Dead Gallery Talks with artists Joaquin Alejandro Newman and Lisa Ramirez at 2 p.m. at Oakland Museum of California, Oak at 10th St., Oakland. Cost is $5-$8. 238-2022.  

Tomás Saraceno: Microscale, Macroscale, and Beyond: Large-Scale Implications of Small-Scale Experiments. Artist talk at 3:30 p.m. at Gallery 1, Berkeley Art Museum, 2626 Bancroft Way. Cost is $5-$8. 642-0808. 

Iroquois Storytelling with artist-illustrators, music and dance at 2 p.m. Other activities at 4:30 and 7:30 p.m. at Fourth Street Studio, 1717d Fourth St. 527-0600.  

Dogs Party with Editors of The Bark, Cameron Woo and Claudia Kawczynska, at 4 p.m. at Cody’s Books on Fourth St. Dogs welcome, biscuits will be served. 559-9500. 

MUSIC AND DANCE 

Jonathan Rhodes Lee, harpsichordist, performs J.S. Bach’s The Well Tempered Clavier, Book I at 4 p.m. at St. John's Presbyterian Church, 2727 College Ave. 845-6830. 

Canciones en Noviembre with Anne Shapiro, mezzo, Duo Trujillo, piano and guitar, at 4 p.m. at Giorgi Gallery, 2911 Claremont Ave. Donation of $15 to aid Latin American Suzuki Scholarship Fund. 654-4053. 

Madeline Eastman, jazz vocalist at 2 p.m. at Chapel of the Chimes, 4499 Piedmont Ave., Oakland. Cost is $15. 228-3218. 

BAY-Peace Open House & Youth Performance Showcase and a chance to support young people who are fighting back against military recruiting and war, from 2 to 5 p.m. at 470 Fruitvale Ave, Oakland. 809-7416.  

Cornelius Cardew Choir, new and experimental choral classics, at 7:30 p.m. at the Berkeley Art Center, 1275 Walnut St. Tickets are $10. 644-6893. 

Cuarteto Latinoamericano in celebration of Jorge Liderman’s 50th Birthday at 3 p.m. at Hertz Hall, UC Campus. Tickets are $34. 642-9988.  

Dan Paul, singer, songwriter, guitarist at 5 p.m. at First United Methodist Church, 201 Martina St., Point Richmond. Donation $10. 236-0527.  

UC Berkeley’s Danceworx Showcase at 7:30 p.m. at Julia Morgan Center for the Arts, 2640 College Ave. Tickets are $9 at the door.  

Grupo Falso Baiano at 8 p.m. at Anna’s Jazz Island,2120 Allston Wa. Cost is $10. 841-JAZZ. www.AnnasJazzIsland.com 

Felonious with DJ Zeljko, Balkan dance, at 8 p.m. at the JCC of the East Bay, 1414 Walnut St. Cost is $8-$10. 848-0237, ext. 139. 

Koko de la Isla, Flamenco Open Stage, at 7:30 p.m. at Ashkenaz. Cost is $10. 525-5054.  

Maria Muldaur at 8 p.m. at Freight and Salvage. Cost is $21.50-$22.50. 548-1761. www.freightandsalvage.org 

MONDAY, NOV. 19 

EXHIBITIONS 

“Recent Landscape Photographs by Rob Reiter” opens at The LightRoom Gallery, 2263 Fifth St. 649-8111. 

READINGS AND LECTURES 

Cathy Wilkerson describes “Flying Too Close to the Sun: My Life and Times as a Weatherman” at 7:30 p.m. at Moe’s Books, 2476 Telegraph Ave. 849-2087. 

Robert Hass reads from “Time and Materials: Poems 1997-2005” at 7 p.m. at Cody’s Books on Fourth St. 559-9500. 

Tellabration! Storytelling by the Stagebridge Theater Company at 3 p.m. at Arts First Oakland, 2501 Harrison St at 27th. Tickets are $10-$15. 444-4755.  

Poetry Express with Boundless Gratitude, plus Mark States birthday celebration, at 7 p.m. at Priya Restaurant, 2072 San Pablo Ave. 644-3977. 

MUSIC AND DANCE 

West Coast Songwriters Competition at 8 p.m. at Freight and Salvage Coffee House. Cost is $5. 548-1761  

Pepe y su Orquesta at 8:30 p.m. at Yoshi’s at Jack London Square. Cost is $10. 238-9200. www.yoshis.com 

TUESDAY, NOV. 20 

EXHIBITIONS 

“Site Revamped” Paintings by Marty McCorkle and Rachel Dawson opens at the Esteban Sabar Gallery, 480 23rd St., Oakland. 444-7411.  

FILM 

“Film and Video at CCA: Relational Aesthetics” with filmmakers in person at 7:30 p.m. at the Pacific Film Archive. Cost is $5.50-$9.50. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Tell on on Tuesdays Storytelling at 7:30 p.m. at Julia Morgan Center for the Arts. Cost is $8-$12 sliding scale. www.juiamorgan.org 

MUSIC AND DANCE 

Tri Tip Trio at 9 p.m. at Ashkenaz. Cajun dance lesson at 8 p.m. Cost is $10. 525-5054.  

Singers’ Opn Mic with Ellen Hoffman at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $5. 841-JAZZ.  

Kasper/Sherman Quartet at 7 p.m. at Caffe Trieste, 2500 San Pablo Ave. 548-5198.  

Brian Bromberg’s Down Right Upright All Stars at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $12-$20. 238-9200. www.yoshis.com 

WEDNESDAY, NOV. 21 

MUSIC AND DANCE 

Babshad at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $8. 841-JAZZ.  

La Verdad at 9:30 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $5-$10. 548-1159.  

Mo’ Fone at 8 p.m. at Jupiter. 843-8277. 

Mikie Lee and Amber at 10 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790.  

Brian Bromberg’s Down Right Upright All Stars at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $12-$20. 238-9200. www.yoshis.com

Awash with the spray of the yet-unconquered sea, the stage at Berkeley Rep (designed by Daniel Ostling) represents the wooden ships and wood palaces of preclassical times, as the cast does the heroes, demigods, goddesses, kings, witches and nymphs from legend that move through. 

This is the changing world described in the post-Homeric panoply of polished scenes from the Argonautika of Apollonius of Rhodes, with Latin variants from Gaius Valerius Flaccus, as rendered by Mary Zimmerman, who’s adapted and directed what could be called a postmodern cover of the epic of the first heroic voyage to the East (ominous predecessor to the Trojan War), the winning of the Golden Fleece by the Greeks, and the tale of the love and later disaffection of Jason and Medea. 

It all starts out innocently enough with a young man (Jake Suffian as Jason), on his way to bid his uncle happy birthday, helping an old lady by carrying her across a raging stream and losing a sandal in the process. 

But the old lady is Hera, Queen of the Gods (a sly Christa Scott-Reed) in disguise; the sandal is pinned to the bed of the stream by the lance of armed Athena (Sofia Jean Gomez), and the uncle is the hypochondriac king (Allen Gilmore), who has usurped his brother’s throne, and sends the well-wishing nephew on an impossible quest because he’s heard a single-sandalled caller will be the death of him.  

The opening vignette of Hera in disguise on Jason’s back (and coquettishly swivelling around, her legs round his hips, to face him) is a good beginning, which seems to bode well for the tone of a story, a collection of episodes, that sprawls over two millenia back to its bookish sources, and maybe as much again before to some of its legendary sources. 

The same holds true for the beginning of the second act, when Hera and Athena huddle with an ingenuous Aphrodite (Tessa Klein, delightfully funny) to get her support and that of her spoiled brat, Eros (Ronette Levenson) to literally stick Medea (Atley Loughridge) with the disconcerting love-pangs of desire for Jason. Her powers will be at his disposal in the impossible contest set by yet another king, Medea’s father Aietes (Soren Oliver), to impede him from swiping the treasured Fleece. 

The delicious convocation of the goddesses, Aphrodite attended by a buff archaic hairdresser, has the comic air of suburban housewives in a sitcom gossipping and cooking up a scheme, yet something rare and fabulous—timeless—about it. 

In an interview published in the program, Zimmerman talks about how she adapted all that sprawling material through compression, working out ways of staging with the cast in mind during a month-long rehearsal period, opening herself up “to the voice of the text,” and sometimes making crazy, impolite, even unconsidered choices, like an arrow shot in the dark. 

Zimmerman’s spiel seems refreshing, compelling even, coming from the Mac-Arthur Fellow who penned hits like Journey to the West and Metamorphoses. In effect, she’s saying that she aims at what Byron and Pushkin, in particular, canonized as the choice modern approach to involved, episodic traditional material: the ongoing improvisation. 

Unfortunately, the results are the opposite of the inventive lightness improvisation should be. Not that Zimmerman’s staging is heavy; it’s a banal pastiche, a grab-bag of all the familiar (even cliched) “presentational” theatrics, performance art and story-telling devices made popular since the ’60s and ’70s. 

The cast of 14 gets little chance to really act or perform except in snatches, otherwise moving around a lot en masse. Besides Scott-Reed and Klein, Soren Oliver is noteworthy for pumping a lot of juice into the part of Hercules, written as a boffo jock. Loughridge seems badly miscast as Medea. Zimmerman’s relation to her sources, which seems mediated by schemata from Joseph Campbell concerning heroic quests for self-knowledge and maturity, seems about the same as a screenwriter thrown into a last-minute rewrite, and her ruminations, even the script itself, have the air of tossing out ideas in a story pitch. 

Onstage, Argonautika rocks back and forth between the forced glee of banal, contemporary sarcasm and an awkward, uneasy pantomime of ancient piety, or of romance in bygone times. There’s not much space for irony once the insouciant plot gets cranked up and running, only to end abruptly in a rushed, premature denouement telling of the various tragic fates of the Argonauts (omitting some of the most interesting in common) and the more familiar tragedy of Medea killing Jason’s young bride and their children, which in true cinematic fashion Zimmerman alludes to, citing the Argonautika as its “prequel.” 

Zimmerman tries to preserve the magical wonder of her material, yet make it contemporary. The result is a kind of tabloid pastiche, but lacking intimacy (which seems to be another of the adaptor’s goals), which the originals achieved through finished, detailed tableau-like episodes, each a compressed cameo story in itself. Zimmerman begins each act with something like this, but the definition of scenes unravels in over-reaching yet banal attempts to improvise, to put the spin, the time stamp of the moment, on a story that’s already proved timeless. 

ARGONAUTIKA 

Berkeley Rep 

2025 Addison St. 

though Dec. 16 

647-2949 

www.berkeleyrep.org 

The New Italian Film Festival, playing this week at the Embarcadero Center Cinema in San Francisco through Sunday, offers a rich course on the best new filmmakers in Italian film. After this weekend, most of these films will likely never be shown again with English subtitles or ever be released on DVD in the United States.  

On Friday, the films shown are Shelter (6:45 p.m.), a story about a lesbian couple finding a teenage boy hiding in their luggage after a trip to Tunisia, and The Ball (9:15 p.m.), about a boy grappling with growing up with his free spirit single mother.  

Saturday’s movies are One Out of Two (2 p.m.), about a confident lawyer hospitalized with a mysterious illness; Italian Dream (4:30), a suspense and romance story; Me, and the Other (7 p.m.), in which a man suspects a friends of being a terrorist, and Salt Air (9:15 p.m.), about a prison counselor who discovers a new client is his father.  

The festival will close on Sunday with Any Reason Not to Marry? (noon), a movie about a young couple planning a wedding, Shelter (2:30 p.m.), and Flying Lessons (5:15 and 9:15 p.m.), a tale of two Roman teenagers traveling to India. The winning film of the festival, determined by the audience, will be announced at the City of Florence Awards reception at 8 p.m.  

Tickets $11, 1 Embarcadero Center, San Francisco. www.sffs.org or (925) 866-9559.

Our image of Charlie Chaplin is a simple one: a daft little man in baggy clothes, with bowler hat and wicker cane. He’s just a comedian—a silly clown.  

But embodied in that simple outline is an extraordinarily complex figure, both on and behind the screen. Charlie is a tramp, yet with a refined air; he’s a prickly loner who shuns societal norms, yet who longs for love and acceptance. And Chaplin the man bore his own set of contradictions: the Brit who came to embody American comedy; a hero to the masses and a darling of the intellectual set; a lowly comedian who strove for artistic heights; a man who lived for the adulation of the crowd while simultaneously professing to be terrified of his audience.  

Pacific Film Archive is presenting a broad overview of the mercurial comedian’s work through Dec. 19. The retrospective covers all of Chaplin’s feature-length work and a handful of his earlier short films. A few will be presented as part of PFA’s “Matinees For All Ages” series of Saturday afternoon screenings, which come complete with free Fenton’s ice cream in the courtyard after the show. 

The series begins at 2 p.m. Sunday with one of the comedian’s greatest achievements. The Kid (1921) was his first foray into feature-length filmmaking and a breakthrough work in its blending of slapstick and sentiment, a mixture that would become Chaplin’s signature. The 60-minute film will screen along with a shorter comedy, The Pilgrim (1923). 

In the 1910s, screen comedians generally made short films, known as “two-reelers,” a reel running roughly 10 minutes. These were the hors d’oeuvres of the cinema experience, shown along with newsreels and cartoons before the feature. Most two-reelers consisted of knockabout slapstick and it was thought that such antics could not be sustained over the course of a full-length feature. Chaplin, however, from the beginning of his solo career in 1914, had set a new standard for slapstick, slowing the pace and establishing character, not roughhouse, as the primary source of comedy. By the time he made The Kid, his Little Tramp character was beloved the world over for his anarchic antics and impish temperament.  

Chaplin had started his film career with Mack Sennett’s Keystone studio before setting out on his own under the auspices of Essanay Studios here in the East Bay. After 14 films with Essanay, Chaplin negotiated a more lucrative and artistically independent contract with Mutual, where he made a dozen two-reelers that firmly established his reputation as the prevailing comedian of his day. This was his most concentrated and fruitful period, with each of the 12 films building on the achievements of its predecessor.  

When Chaplin left Mutual for First National, he didn’t do it for the money, nor for creative control, for he had plenty of both. What he sought was time; his new contract would relieve him of the pressure of turning out films on a predetermined schedule. He would finally have room to breathe.  

Enter Jackie Coogan. Chaplin had seen the 4-year-old boy performing with his father in a music hall and immediately signed the child for his next film. In Coogan Chaplin found his first and only true co-star, the only performer with whom he would share the screen as an equal. Coogan gave one of the screen’s truly great child performances and immediately established himself as a star. 

When Chaplin outlined the film’s plot and revealed to a colleague his plan to bring drama to low comedy, he was told it couldn’t be done, that each form required purity, and as a consequence at least one half of his story was bound to suffer. 

The Kid begins with the Tramp wandering alone through back alleys where he stumbles upon an abandoned baby and reluctantly adopts the child as his own. Here, for the first time, the Tramp seems to live a truly normal domestic existence as he raises Jackie until authorities come calling a few years later, taking the child from him by force. Again, Chaplin presents us with the Tramp as the perennial outsider, in the world but never part of it. In the end Charlie seems to gain entry into civilized society, but the image is somewhat incongruous as Chaplin intentionally leaves the conclusion ambiguous. 

With The Kid, Chaplin raised the emotional level to a new high, introducing true drama to his work. In the process he delved further into his own memories of childhood in an orphanage in the slums of England. The result was a deepening of the character of the Tramp in a film many critics consider his most successful creation—a near-perfect blending of pathos and humor. All of his films, Chaplin later noted, received mixed reviews, except for The Kid—for decades it was his one unanimously proclaimed triumph. 

Chaplin would of course go on to even more ambitious work. His later work would include three more masterpieces (The Gold Rush, The Circus, City Lights), two great but flawed films (Modern Times, The Great Dictator), and two solid late-career films (Monsieur Verdoux, Limelight). But The Kid holds a special spot in the Chaplin canon, for it represents the first full flowering of a mature artist.  

The Pilgrim 

Chaplin’s remaining films for First National during this period are something of a mixed bag, ranging from ambitious satiric slapstick (Shoulder Arms, The Pilgrim, A Dog’s Life) to simple two-reelers in the vein of his earlier work (Payday, A Day’s Pleasure), and one failure (Sunnyside). He was gradually lengthening his films, venturing into more complex comedic territory, but The Kid took so much of his time that he was obliged to crank out a few simpler films to satisfy distributors and theater owners.  

The Pilgrim is one of the better films from this era. It is essentially a classic Chaplin two-reeler expanded to four reels. Chaplin sets up the situation with superb efficiency. Within two minutes we have the basic outline: Escaped convict Charlie has traded his prison clothes for the unattended frock of a bathing priest. When Chaplin, in the minister’s clothing, arrives at the train station he finds himself in a series of hilariously unnecessary chases before boarding a train and stumbling into a fortuitous situation when he arrives in a Texas town and is mistaken for the long-awaited new preacher.  

Chaplin peppers the action with numerous sight gags that recall the convict’s unruly past. When he stands at the ticket window at the train station, he reflexively grasps the bars as though it were a cell. Out of habit, he crawls underneath the train as a stowaway before a conductor takes his ticket and guides him to a proper seat. When expected to deliver a sermon while masquerading as the Reverend Pim, he takes a drink from a glass of water and props his elbow on the podium while his foot reveals the character’s predilection for the wild life by searching habitually and in vain for a bar on which to rest.  

Though The Pilgrim doesn’t aim for the sort of emotional depth of The Kid, Chaplin again manages to straddle two worlds. His Tramp is both criminal and hero, a troubled outsider who strives for respectability—at least when respectability comes in the guise of alluring leading lady Edna Purviance. In the end he is released along the Mexican border by a benevolent sheriff, yet as he stands on Mexican soil and casts his arms wide in celebration of his freedom, a pack of desperadoes leaps from the underbrush and begins firing guns at one another—hardly a hospitable environment in which to start anew. Thus the Tramp flees by running gingerly along the border, one foot in each country, as always a citizen of the world, but without a home of his own.  

“Wow.” The word permeates The Life of Reilly, a new film of a one-man show by the late actor Charles Nelson Reilly. And with each utterance of the word, we get the sense that it’s the only time when this consummate entertainer is not totally in control of his performance. The word just seems to seep out, almost reflexively, at quiet moments during the show. It is as though Reilly himself is still marveling at his own past, reliving his memories, experiencing the formative events of his life all over again, but with the wisdom and awe of an older man keenly aware that he was too young to fully appreciate the depth, the pain, the humor and the madness of his life as he was living it.  

Charles Nelson Reilly was first and foremost a stage actor, on Broadway and off, as well as a comedian, director and acting teacher. But he had always dreamed of being on television, and that’s how he is best remembered, as a familiar face in dozens of television sitcoms, commercials, and, in the 1970s, as a flamboyant wit on campy game shows. He died earlier this year from complications of pneumonia at the age of 76. 

From 2000 to 2003, Reilly toured the country with a critically acclaimed one-man show entitled Save It for the Stage. Later, after Reilly had retired the show, directors Barry Poltermann and Frank Anderson persuaded the actor to revive it for just one night so that they could capture it on film. The three-hour show was re-fashioned in the editing room into a 90-minute film that opens this week at Shattuck Cinemas in downtown Berkeley.  

It is easy to see how this compelling performer could carry a live show for three hours, yet it is also understandable that the film’s producers would consider that a bit too long for a movie version. But one thing is clear: 90 minutes is just not enough. Reilly is outstanding—his performance is by turns hilarious and tragic, sarcastic and solemn, incredulous and insightful. Hopefully the DVD version will contain the full show, or at least a plentiful sampling of what was cut.  

Reilly took his original title, Save It for the Stage, from a repeated saying of his mother’s, an abrupt conversation-ending rebuke meant to discourage her son from discussing the family’s tragedies and secrets. And save it he did, for decades, until, in his golden years, he used it as the source material for this hilarious tour-de-force of confessional theater.  

Reilly’s performance is full of surprising twists and turns. Laugh lines are followed by poignant moments of pain and doubt. Dramatic scenes are punctuated by sudden outbursts and comic asides. “That’s called a dramatic turn,” Reilly informs the crowd at one point, with mock self-congratulation. “Very few actors can do that.” 

Reilly is just far too whimsical and self-deprecating an actor to play it straight. Every time he lures us into the story with his dramatic talents, he jolts us out of it with his humor, stepping outside the show to comment on the performance, on the staging, on the audience’s responses to the material. Humor is the lifeblood of the man and of the show. 

But when he speaks of the saving grace of laughter, Reilly doesn’t speak of it in philosophical terms; he doesn’t talk of recognizing the cosmic absurdity of life, though the implication is there, and lingers after the show’s conclusion. For a man with Reilly’s background and ambition, there was little time to sit back and marvel at God’s sense of humor. Instead he was developing his own, using it to battle against the precarious circumstances of a man of a particular upbringing, with a particular sexual orientation, chasing a particular dream in a particularly public arena.  

His youth was spent in a world of bitterness, recrimination and tragedy. Reilly’s mother was harsh and unyielding, prone to smashing the dreams of others before they could even take shape. She made her husband refuse Walt Disney’s invitation to collaborate in the great animator’s transition to color films; she tried mightily to foil her son’s ambition to act, first in grade school, then as an adult. Reilly’s father, crushed by unemployment and the missed opportunity of partnering with Disney, slipped into despair and institutionalization along a slope lubricated with alcohol, forcing his wife and son to move in with an extended family that included a lobotomized chain-smoking aunt.  

And when Reilly finally escaped from the madness and made his way to New York City, he was brought low at what he thought was the peak when the president of NBC extended the courtesy of bringing Reilly to the dizzying heights of his lofty Manhattan office only to tell the would-be star face to face that “they don’t allow queers on television.” 

So surely the man can be forgiven for having been too preoccupied to appreciate the absurdity of the universe. He had rent to pay. Laughter wasn’t a form of existential consolation; it was a survival mechanism, a crutch, a tool with which to survive from minute to minute and from day to day. But he had the talent and good fortune to transform that survival mechanism into a career—a career that ends with The Life of Reilly—a rousing artistic peak. 

Image: The late Charles Nelson Reilly on stage in his final performance.

Mystery is the reverse side of history. Berkeley, a city chock-full of historic houses, naturally has its share of mysteries—interesting structures about whose origin little or nothing is known. 

Berkeleyans who enjoy exploring the town will have seen the lone pink Italianate Victorian standing at 2212 Fifth Street just south of Allston Way. Even those who don’t get about too much should be familiar with the grand Colonial Revival house guarded by two majestic palm trees at 1905 Martin Luther King Jr. Way (formerly Grove St.), just below Hearst Avenue. 

Despite decades of research at the Berkeley Architectural Heritage Association, nobody knows who designed these two houses and by whom they were built. 

But the houses have more than mystery in common: they also share a history, having been the successive homes of one prominent family, whose head was an imposing figure in local affairs as well as in state politics. 

The pink Italianate, now clad in asbestos shingles but originally clapboarded, was one of three similar but not identical houses built circa 1877 on the site of John A. Carbone’s future orchid nursery. The other two were located at 728 Allston Way and 2213 Fifth Street. The three were first mentioned on February 2, 1878 in the Berkeley Advocate, which announced that “the three fine houses built by the Berkeley Real Estate Union, and situated nearly opposite the [Standard] soap factory have been sold to a Chicagoan, who intends to make his home in Berkeley.” 

The Berkeley Real Estate Union was located on the northwest corner of University and Shattuck Avenues. The manager was M. McDonnell, who lived in San Francisco. The company existed only in 1877 and 1878, and during the first six months of 1877 it advertised regularly (sometimes weekly, sometimes daily) in the Oakland Evening Tribune, offering “houses built and sold on the installment plan” and “land for sale in all parts of Berkeley.” 

The man who bought the three houses was one Charles Montgomery, a speculator who never became a Berkeley resident. By the following year, he had sold the houses to three different men, speculators like himself, who also turned over the properties within a year to other buyers who did the same. For a while, at least one (and at times all three) of the houses belonged to realtor Walter M. Heywood, son of West Berkeley’s lumber magnate Zimri Brewer Heywood (1805–1879) and the trustee of his estate. 

In 1889, the Berkeley directory first listed Berkeley’s town clerk, Charles H. Spear, as living at 2212 Fifth Street. He may have rented the house in 1887, after marrying Tillie Rose Guenette (1870–1952), daughter of pioneer West Berkeley blacksmith and wagon-maker Peter Guenette. Spear’s widowed mother Elizabeth lived with the couple, and the house was registered in her name when the Spears purchased it in 1890 or ’91. In its dozen years of existence up to that point, the house had eight successive owners, of whom the Spears were the very first to occupy the premises. Their three children were born here between 1887 and 1891. 

Charles Henry Spear (1862–1928) was born in Sonora, Tuolumne County, to Bostonian parents. His father, Frederick Augustus Spear, ran a pharmacy there until 1864, when he was appointed druggist to the State Insane Asylum in Stockton. Eventually the Spears moved to Oakland, and in 1882 they arrived in West Berkeley, where Frederick opened a drugstore on the corner of University Avenue and Fifth Street. He died in 1885. 

By 1892, Charles Spear was a notable enough figure to merit a biography in The Bay of San Francisco (Lewis Publishing Co.). He would be the subject of many others in the future, but this version is probably the most accurate: 

Charles H. Spear was educated in the schools of Stockton until 1876, when on the removal of the family to Oakland, he went to work in San Francisco as messenger for the Western Union Telegraph Company, and some two years later as collector for the Wheeler & Wilson Sewing Machine Company with whom he remained nearly three years. In 1881 he worked for L. M. McKenney & Co., directory publishers, and in 1882 went to Sacramento, where he spent nearly two years as bookkeeper for the H. T. Holmes Lime Co. He was Assistant Postmaster of West Berkeley in 1884, and Postmaster in 1885, conducting also a drug, book and stationery store. In 1885, in partnership with John Rooney, under the style of Rooney & Spear, he also carried on a general store. In 1887 he bought out his partner, and in 1888 sold out all his trading interests. Meanwhile he had been elected Town Clerk, in 1886, entering on the discharge of his official duties in May of that year; and he has been re-elected to that office every year since. 

Spear’s seven-year stint as town clerk ended in May 1893. He went into the real estate business and the following year was elected Alameda county recorder. In February 1900, California governor Henry T. Gage appointed him port warden in San Francisco. The appointment reflected Spear’s intensive involvement in Republican politics. 

In addition to being a member of the Berkeley Republican Club’s executive committee and a trustee of the West Berkeley Improvement Club, Spear also co-managed the 1900 congressional campaign of Alameda County Assessor Henry P. Dalton, a friend and associate of former Oakland mayor Dr. George C. Pardee. (Dalton was plagued by scandals throughout that year and lost the election. In 1911 he would be convicted of bribery and imprisoned at San Quentin, a few cells away from Abe Ruef, who was serving 14 years in connection with the San Francisco graft cases.) 

In 1902, Spear acted as chairman of the state’s Republican campaign committee, which helped put Pardee in the governor’s mansion. The reward was not long in coming: on March 25, 1903, Spear came into “possession of the honors and emoluments attaching to the office of president, State Board of Harbor Commissioners,” as the San Francisco Call succinctly put it. Despite its title, the board’s power was confined to the port of San Francisco, which was owned and managed by the state. 

Midway through his four-year term, Spear had to confront the supreme challenge of dealing with the devastation wreaked by the 1906 earthquake and fire. He passed with flying colors, according to the report of Commander Charles J. Badger of the U.S. Navy, who was in charge of the flagship Chicago _and of the Sixth Marine District of San Francisco. “Spear,” wrote Badger, “immediately responded and his intimate knowledge of all the details of water-side affairs, his wide acquaintance with the local business community, his energetic endeavors to restore normal business conditions in the shipping district in the shortest possible time and his sound and loyal assistance merit the highest praise.” 

Only after Spear’s term ended did it come to light that his administration was not without internal problems. In February 1907, the U.S. Treasury Department asked for the resignation of the port’s deputy surveyor and its customs appraiser on grounds of bad bookkeeping. It was further revealed that “bickering is constant between various departments, the heads of which are barely on speaking terms with each other.” 

Having returned to the private sector, Speak busied himself with real estate investments. The family was now ensconced in a large and handsome new house at 1905 Grove Street. Built in an elaborate Colonial Revival style, it was a showplace and the center of much political activity. 

No contract or completion notices have been found for this house, but assessor’s records and city directory listings indicate that it was constructed in 1904. The architect may have been William H. Wharff (1836–1936), who designed a number of other Colonial Revival residences in the neighborhood, including his own house at 2000 Delaware Street. Wharff’s best-known Berkeley building, the Masonic Temple on the corner of Bancroft and Shattuck, was erected a year later and is listed on the National Register of Historic Places. 

In 1909, Spear was a mayoral candidate in the Berkeley elections but was soundly trounced by Beverly L. Hodghead of the Good Government League. This rivalry did not prevent Spear from joining mayor Hodghead in opposing a proposed annexation of Berkeley to Oakland. On Aug. 26, 1910, the Oakland Tribune reported that “Charles H. Spear is opposed to consolidation because he does not wish to see the pure, ideal government of Berkeley swallowed up in the Babylonian wickedness of Oakland.” The initiative went down to defeat at the ballot box on Sept. 15, 1910, with Berkeley casting 4,009 to 1,402 votes to reject consolidation. West Berkeley was the only district that voted for annexation. 

In 1923, Spear was a member of the campaign committee to institute a council-manager form of government, which Berkeley adopted that year. Also in 1923, Spear was reappointed president of the State Board of Harbor Commissioners, this time by governor Friend W. Richardson. He retired in 1925 after accepting the position of harbor manager in Los Angeles. 

After suffering a heart attack in February 1927, Spear resigned from his Los Angeles job. Returning to Berkeley, he and Tillie lived in a suite at the Whitecotton (Shattuck) Hotel until his death on March 7, 1928. Two days later, he was buried with Masonic rite in Mountain View cemetery. Among his honorary pall bearers were San Francisco mayor James Rolph and former California governors Pardee and Richardson. 

Photograph by Daniella Thompson. 

This grand Colonial Revival house at 1905 MLK Jr. Way was built for Charles H. Spear in 1904. 

Daniella Thompson publishes berkeleyheritage.com for the Berkeley Architectural Heritage Association (BAHA). 

Annie’s Annuals sent me a promo e-mail a week or two back. Not spam; I’ve put my name on Annie’s mail list because I want to know when the Annies do interesting stuff.  

Annie’s has been around a few years, and survived at least three moves to what should be a more secure location. Gardens, nurseries, plants in general don’t get no respect, and lots of the size Annie’s needs keep getting sold and paved over for shopping malls and bloated housing developments.  

Annie’s is selling holiday tchotchkes, yes, but the main focus of this nifty cottage industry is plants. Annie’s is a fashion-starter. Plants from all over the world show up here, get grown out and tested and sold wholesale—you’ll see them showing up under their great information tags at other nurseries around the area—and, to those savvy enough to find the place, retail. They’re not cheap but the prices are fair and a good investment and they’re always interesting.  

I’m personally fond of Annie’s for all sorts of reasons, including the personalities there. But the big ace bell-ringing golden reason is that this is that unfortunately rare creature, a propagating nursery. Since Annie’s does sell wholesale, plants from there get shipped around in their whole half-grown potted state but the focus is something that gets forgotten in mass marketing and Mallworld: the miracle of living things is that they produce more living things.  

Annie’s doesn’t need to import a containerload of nifty Mediterranean-climate plants from South Africa, or even a truckload of California natives from down the road a piece. To propagate, you put your seed in some dirt or your cuttings in some sand, add water and kindly conditions, and wait a bit. Hallelujah, you get plants!  

And when they grow up enough, look: More seeds, more cuttings, more plants! You can clone an unusual flower and have a whole patch of it. You can also get carried away and homogenize half the civic plantings in the state with it, but here’s where an interest-driven small place like Annie’s makes its own controls. Something else interesting comes along and it all just gets to be too much fun to innovate, and you can’t be bothered to devote an acre or two to baby Sameol’ dittooides.  

A sense of play is vital to good work. Oh yeah. 

Buying everything at Target, we get to forgetting both what resources go into cheap imported crap—what kind of insanity drives international trade as it exists now, and how can we bear to let it destroy what we love?—and how generous the living planet actually is.  

We get air and water and wonderful things to eat and drink and see and smell and hear and feel, and we actually have to do very little to “earn” it. We can have the fun stuff like coffee and chocolate, even; importing doesn’t have to happen in the destructive, wasteful way it does now. All we have to do is, first, not screw it up.

Dash it all! It seems to take so blasted long to get clothed for the office these days, what with button-hooking the boots, those darned gaiters, buttoning those trousers all the way up and then there’s all the layers. My tailoring bill has become absolutely astronomical and my dresser takes a good 45-minutes ironing my shirt, cravat and those endless four-fold handkerchiefs. Perhaps one day, a man will be able to wear only three layers when flagging his Hansom cab to the office, but for now we must plod through, chin high and suffer silently. 

If your chimney could speak, it would say something to this effect and well it should. It’s positively Victorian, you know. 

Brick chimneys are truly a thing of the distant past and have about as much to do with modern living as watch fobs and snuff. Not that I have much against Victorian things. I actually adore them but there are more serious issues afoot than antiquation. Brick chimneys are singularly illogical and ill-fit for the building and habitation of houses and it’s time we put them away, especially if you live near an active fault-line. 

Brick chimneys are like built-in vacuum systems, no more or less romantic than that. They are built-in devices designed to serve a specific function in the home. They are exactly as automatic, efficient and seismically safe as was possible at the time they began insinuating themselves into the fabric of housing so many hundreds of years ago. 

Open fires were the state of the art up until about 200 years ago when a range of alterative heating methods began to come on the scene. Our own Ben Franklin (patron saint of building inspection) invented a class of heating and cooking devices know by his name and this is just one of many inventors who began the process of leading us away from the brick hearth. Nevertheless, the hearth lived on well into the 20th century, changing only to save builders money as it began changing into the sheet metal, poured cement and a range of other novel materials. 

They remained because of our attraction to fire. We still long to dance around the bonfire in the village center or cozy up beside the hearth with someone special (Good dog! Now, Stay). Fire is in our hearts and, as we face the dark time again this winter, it gives us something that only cold weather and long nights can, something deep in the bones that forced air heating can not address. 

So, to be clear, I do not oppose fire. I love it. We all love fire but I would suggest that the days of this particularly cumbersome, expensive and dangerous accoutrement of architecture are done and it is time to move on. I even believe this to be true for older homes (with some few notable exceptions). 

Clearly, fire itself is dangerous and if we are to have fires, they should be contained in a way that minimizes the dangers. Carbon monoxide is a product of fire, however, this concern can be addressed readily enough by the mass use of CO detectors. Every living space should have one. ‘Nuff said. 

Next is the danger that a house will catch fire while using one. Brick fireplaces can become internally cracked in such a way as to allow fire to contact wood framing and inflame the house. While regular and diligently performed inspections can prevent this occurrence, they simply don’t get done. I am not in favor of any system that is based on a) individual responsibility (and memory) for maintenance to prevent fire and death or b) a high level of ability for every service person.  

Frankly, I’m not that worried about the chimney repair personnel. They generally seem an able lot. It’s the owners I’m concerned about. Very few get their chimneys examined or cleaned on a regular basis and a serious accumulation of creosote (a tar-like build-up) can cause a chimney fire and a crack in the wrong place can burn the house down.  

Another concern is the welfare of the environment. Chimneys put out significant levels of particulate emissions and add to air pollution. The particles are quite small and contribute to lung cancer and other respiratory illnesses. As a result, modern requirements for fireplaces are extremely stringent compared with our Victorian era fireplaces and nothing of that sort can be built today in most communities. 

Lastly, there’s that nasty matter of earthquakes. As I’m far too prone to report, we have had no earthquake in any of our lives that is nearly as large as the one that occurred in 1868 on the Hayward fault in the East Bay and this is a likely match for the one we’re waiting on; 4.0 earthquakes (the ones we get from time to time) are roughly 1/30,000th the size of the one we’re waiting on; 7.0 earthquakes take chimneys down. New ones, old ones and anything that looks like one (e.g. That old brick flue that’s running up the wall between the kitchen and dining room). When we get our earthquake, it is likely to take virtually all of them down, no matter how well they’re built. 

For this reason, I recommend that the ones that are inside the house, as opposed to those that run up the exterior, be taken down or reduced in height so as to decrease the degree of harm they pose during that big quake. 

Modern equivalents for fire often seem sorry when compared to the beauty of our old fireplaces and I would turn back on myself and stand in defense of at least a few of the really spectacular ones regardless of the earthquake issues. If you have Clinker brick (the ones that appear melted and odd shaped, often projecting out of the wall plane), it might be worth the risk to keep them and enjoy them as long as possible.  

If you’re willing to spend the money, Clinker or any old brick can be reinstalled over a ductile false-work and withstand fairly large earthquakes although it’s hard to recommend such efforts for all but the most historically or aesthetically profound examples. Like our chap in his 7 piece suit, it’s essential that we keep a few museum examples (as well as a few Gossford Parks) but move on to more practical means of heating and communion for the rest. 

As to that communion. I do think that fire belongs in the home, but how do we do it. In a time when global temperature and CO2 levels continue to rise, it’s not reasonable to be cutting down trees and burning them without some small consideration for the particulate and gases released. Pellet stoves and inserts are far more conservative and create a nice, albeit tiny fire. Gas fireplaces certainly lack the verve and magic of a roaring open fire but do provide a safe and convenient equivalent that one might actually use many more days each year. Further, these same gas fire places can utilize room thermostats and function as real heating for small houses or apartments. Wood burning inserts for stoves have catalytic converters today (not unlike the ones in cars) that reduce particulate and burn a small supply of wood for a longer time, thus decreasing their eco-unfriendliness. 

Even the wood burning fireplaces of today (often called zero-clearance for their ability to install right against wooden framing) are a somewhat more efficient and a better choice than great-grandmother brick. 

I like this move toward backyard fires that I’ve seen lately. Chimineas and fire pits seem to be growing in popularity today and it’s awfully nice to sit about a noisy, dancing fire with a gang of friends sharing the tales of the week.  

I say we start taking them out in the street and bring out the drums. Wait, I think I still have that loin cloth! (Good thing it’ll be dark. This is something you don’t want to see!) 

Tectonic Time Bomb 

Big news in the papers recently: USGS seismic scientists have discovered that the Hayward Fault has had a major rupture every 140 years, on average, since the year 1315. In case you wonder: we’re in the 140th year since the last one. 

Devastation in the Bay area from a 6.7 quake would be enormous. The scientists, however, think that a 7.3 Hayward quake is quite possible: a huge difference in energy and shaking.  

Could this be a good time to prepare? Do you have emergency kits at home and in your cars? Extra water and food? Installed an automatic gas shut-off valve at home? Secured your furniture? 

Make your home secure and your family safe. 

Larry Guillot is the owner of QuakePrepare, an earthquake consulting, securing and kit supply service. Contact him at 558-3299 or see www.quakeprepare.com to receive semi-monthly e-mails and safety reports.  

FRIDAY, NOV. 16 

Iraq Moratorium Action from 2 to 4 p.m. at the corner of University and Acton. Sponsored by the Strawberry Creek Lodge Tenants Assoc. and the Berkeley-East Bay Gray Panthers. 548-9696. 

City Commons Club Noon Luncheon with Dr. Don Gibbs on “The Surprising China” 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 526-2925.  

“When the Levees Broke: An American Tragedy” Parts 3 and 4 of Spike Lee’s documentary a 7 p.m. at Berkeley Fellowship Unitarian Universalists, 1924 Cedar at Bonita. 

“Day of Empire” with Amy Chua, Prof. of Law, Yale Law School on the world’s hyperpowers, at noon at 145 Dwinelle, UC Campus. 642-7747. 

Community-Seekers’ Fair Presentation on how to find and evaluate an ecovillage or other kind of intentional community, at 7:30 p.m. at Green City Gallery, 1950 Shattuck Ave. Donation $15-$20. RSVP at www.norcalcoho.org 

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. 

SATURDAY, NOV. 17 

Berkeley Historical Society Walking Tour of “In Celebration of Berkeley’s Downtown Parks” Led by Steve Finacom. Walk is from 10 a.m. to noon. Cost is $8-$10. To register and for information on meeting place call 848-0181. www.cityofberkeley.info/histsoc/ 

Berkeley Path Wanderers explores Oakland’s historic paths and stairways. Meet at 10 a.m. at the Morcom Amphitheater of Roses entrance, 700 Jean St., off Grand Ave. for a hilly walk in Grand Lake and Trestle Glen neighborhoods. 848-9358.  

Plant Natives on Berkeley Paths with Friends of Five Creeks and Berkeley Path Wanderers. Meet at 10 a.m. at the bottom of lower Glendale Path, Glendale Ave. at Campus Dr. Light picnic follows. 848-9358.  

Berkeley Alliance of Neighborhood Associations meets to discuss Berkeley’s vision of Bus Rapid Transit (BRT) with Gregory Harper, President of AC Transit’s Board of Directors, at 9:15 a.m. at First Presbyterian Church, 2407 Dana St., Room 208, second flr. 

Visions of Peace & Justice Slideshow and discussion examining the role of political posters and graphics as mass communication tools for social justice movements, celebrating the publication of “Visions of Peace & Justice: 30 Years of Political Posters from the Archives of Inkworks Press 1974-2007” at 7 p.m. at Berkeley Art Center, 1275 Walnut St. www.inkworkspress.org 

Arts and Crafts Benefit Show from 11:30 to 5 p.m. at the Hillside Club 2286 Cedar St. Cost is $5. Early admission at 10:30 a.m. for $20.  

Fall Plant Sale at Merritt College from 9 a.m. to 3 p.m. at Landscape Horticulture Grounds, 12500 Campus Drive, Oakland. 531-4911. www.merrittlandhort.com 

Basic Gardening Techniques Learn soil preparation, planting techniques, mulching choices and pruning dos and don’ts at 10 a.m. at Magic Gardens, 729 Heinz Ave. 644-2351. www.magicgardens.com 

“Facing State Violence: Truth, Justice and Healing” A conference sponsored by the American Friends Service Committee from 8:30 a.m. to 5:30 p.m. at Pacific School of Religion, 1798 Scenic Ave. Cost is $40-$80, scholarships available. 415-565-0201, ext. 24. www. 

afsc.org/pacificmtn/default.htm 

Jobs, Housing & Justice in Oakland A community meeting on developing the good jobs, affordable housing, and healthy communities that Oaklanders need. Registration begins at 9:30 a.m. at St. Anthony’s School Gym, 1500 15th St., Oakland. Conference runs to 2 p.m. Lunch will be served. Childcare and translation will be available. RSVP to 893-7106, ext. 20. 

Green Career Conference with the Solar Living Institute from 8 a.m. to 7 p.m. on the UC Campus. Cost is $100-$175. RSVP to 707-744-2017. http://www.solarliving.org/workshops 

Ecovillages, Cohousing Neighborhoods, & Intentional Communities A conference from 9 a.m. to 5 p.m. at Green City Gallery, 1950 Shattuck Ave. Cost is $45-$75 sliding scale. To register see www.norcalcoho.org  

“Screwed Pooch” with author Jan Millsapps on Laika the Russian dog who rode Sputnik 2 as the first creature to orbit Earth at 6:45 p.m. at Chabot Space & Science Center, 10000 Skyline Blvd., Oakland. 336-7300.  

Common Agenda meeting on reordering federal priorities from the military to human and environmental needs at 2 p.m. at Peace Action West, 2800 Adeline. 527-9584. 

The Friends of the Albany Library Book Sale with vintage, collectible and rare books and a silent auction, from 10 a.m. to 4 p.m. at Albany Library/Community Center, 1247 Marin Ave. 526-3720 ext. 16. 

California Writers Club, meets to discuss “Two Writers and a Publisher, the Latest News” at 10 a.m. at Barnes & Noble, Jack London Square, Oakland. 272-0120.  

A Sufi Celebration “Hidden Angles of Life” with lectures meditation poetry and music at 7 p.m. at Wheeler Auditorium, UC Campus. 866-393-1706. :www.sufiassociation.org 

Mr. Potato Head Beauty Pageant Create your own potato personality, for all ages, at 1 p.m. at The Museum of Children’s Art, 528 Ninth St., Oakland. Cost is $7. 465-8770. 

Chapel of the Chimes Historical and Botanical Tour at 10 a.m. at 4499 Piedmont Ave. RSVP to 228-3207. 

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.  

The Berkeley Lawn Bowling Club provides free instruction at 10:30 a.m. at 2270 Acton St. 841-2174.  

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, NOV. 18 

Family Explorations: Tales and Traditions of CA Indians with storytelling and hands-on activities from 1 to 4 p.m. at Oakland Museum of California, Oak at 10th St., Oakland. Cost is $5-$8. 238-2022. www.museumca.org 

“Acknowledging the Legacy: Rethinking Thanksgiving” Artists and activists discuss the complex history of Thankgiving and the legacy of US colonialism and genocide against Native Americans at 7 p.m. at La Peña Cultural Center. Cost is $10-$25. 849-2568.  

Kindergarten Information Reception for preschool parents to learn about Berkeley public schools from 4 to 6 pm. at Easton Great Hall, 2401 Ridge Rd. Free but RSVP to 644-6244. 

“Solar Hot Water Heater Workshop” from 10 a.m. to 3 p.m. at EcoHouse, 1305 Hopkins St. Enter via the garden entrance on Peralta. Cost is $15, sliding scale, no one turned away. 548-2220, ext. 242. 

Community Labyrinth Peace Walk at 3 p.m. at Willard Middle School, Telegraph Ave. between Derby and Stuart. Everyone welcome. Wheelchair accessible. Rain cancels. 526-7377. info@eastbaylabyrinthproject.org 

George Pauley Memorial at 4 p.m. at Caffe Mediterraneum, 2475 Telegraph Ave. Bring stories and memories to share. 848-2995. 

“What is Post-Modernism, and Why is it so Threatening to Marxism—or Is It?” at 10 a.m. at NPML, 6501 Telegraph Ave. Oakland. 595-741. 

East Bay Atheists meets to view and discuss a video of two talks from the American Atheists April Convention, at 1:30 p.m. at Berkeley Public Library, 3rd Floor Meeting Room, 2090 Kittredge St. 222-7580. 

Dharma Dialogue with Catherine Ingram, co-founder of the Insight Meditation Society, at 7 p.m. at The Hillside Club, 2286 Cedar St. www.eastbayopencircle.org  

BAY-Peace Open House & Youth Performance Showcase and a chance to support young people who are fighting back against military recruiting and war, from 2 to 5 p.m. at 470 Fruitvale Ave., Oakland. 809-7416.  

Seedball Making Learn how to mold clay, compost and seeds into small balls to be dried and scattered, perhaps in a neglected vacant lot. The seeds are protected until the seedball gets wet in the rain, and the seeds are ready to grow. From noon to 3 p.m. at Green City Gallery, 1950 Shattuck Ave. Bring your own cup, if possible, and a bag or box to carry home your seedballs. Children welcome. 655-8252. http://digcity.coop/greencitygallery/ 

Free Sailboat Rides from 1 to 4 p.m. at the Cal Sailing Club, Berkeley Marina. Wear warm, waterproof clothing and bring a change of clothes in case you get wet. www.cal-sailing.org 

MONDAY, NOV. 19 

Assemblywoman Loni Hancock on Public Service Brown bag lunch at 12:30 p.m. at the Albany Library, 1247 Marin Ave. 526-3720, ext. 17. 

“Solar 101 for Homeowners” A presentation by Jay Hermon, solar energy consultant at 7 p.m. at the Kensington Library, 61 Arlington Ave., Kensington. 524-3043. 

Red Cross Blood Drive from 10 a.m. to 4 p.m. at Berkeley City College, 2050 Center St. To schedule an appointment go to www.BeADonor.com  

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

TUESDAY, NOV. 20 

“Darwin’s Nightmare” A film on the food supply and the global commodities trade at 6:30 p.m. at the Hillside Club, 2286 Cedar Street, at Arch. www.agrariana.org/film-series 

End the Occupation Vigil every Tues. at noon at Oakland Federal Bldg., 1301 Clay St. www.epicalc.org 

Middle School Book Group at 4 p.m. at Berkeley Public Library, 4th floor, 2090 Kittredge St. 981-6223. 

Family Storytime at 7 p.m. at Kensington Library, 61 Arlington Ave. 524-3043.  

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.  

Community Sing-a-Long every Tues, at 2 p.m. at the Albany Senior Center, 846 Masonic Ave. 524-9122.  

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. 

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

St. John’s Prime Timers meets at 9:30 a.m. at St. John’s Presbyterian Church, 2727 College Ave. We always welcome new members over 50. 845-6830. 

WEDNESDAY, NOV. 21 

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

After-School Program Homework help, drama and music for children ages 8 to 18, every Wed. from 4 to 7:15 p.m. at St. John’s Presbyterian Church, 2727 College Ave. Cost is $5 per week. 845-6830. 

Stitch ‘n Bitch at 6:30 p.m. at Caffe Trieste, 2500 San Pablo Ave., at Dwight. 548-5198.  

THURSDAY, NOV. 22 

Food Not Bombs Thanksgiving Feast Pot-luck at 6 p.m. at Ashkenaz. 525-5054. www.ashkenaz.com 

Thanksgiving Vegan Potluck Sponsored by the East Bay Vegans from 2 to 5 p.m. in North Berkeley. RSVP to 213-3250. Howarddy2@att.net  

CITY MEETINGS 

Berkeley Rent Stabilization Board meets Mon., Nov. 19, at 7 p.m. in City Council Chambers. 644-6128 ext. 113.  

City Council meets Tues., Nov. 20, at 7 p.m in City Council Chambers. 981-6900. www.ci. 

berkeley.ca.us/citycouncil 

Commission on Aging meets Wed., Nov. 21, at 1:30 p.m., at the South Berkeley Senior Center. 981-5344.  

Downtown Area Plan Advisory Commission meets Wed., Nov. 21, at 7 p.m. at the North Berkeley Senior Center. 981-7487.

TUESDAY, NOV. 13 

CHILDREN 

Children’s Delight Musical Theeater for ages 3 and up at 6:30 p.m. at Kensington Library, 61 Arlington Ave., Kensington. 524-3043. 

Illustration Workshop with illustrator M. Sarah Klise of “Regarding the Fountain” at 4 p.m. at Berkeley Public Library, 2090 Kittredge St. For ages 7 and up. 981-6223. 

READINGS AND LECTURES 

Naomi Wolf describes “The End of America: Letter of Warning to a Young Patriot: A Citizen’s Call to Action” at 7:30 p.m. at , First Congregational Church of Berkeley, 2345 Channing Way. Tickets are $10-$13. www.globalexchange.org/naomiwolf 

“The Country in the City: The Greening of the San Francisco Bay Area” Author Richard Walker, in conversation with Rebecca Solnit at 5:30 p.m. at University Press Books, 2430 Bancroft Way. 548-0585. www.universitypressbooks.com 

“Anarchy and Art” with author Allan Antliff at 7 p.m. at AK Press, 674-A 23rd St., Oakland. 208-1700. 

Poetry Flash with Matthea Harvey & Joe Wenderoth at 7:30 p.m. at Berkeley City College Auditorium, 2050 Center St. 525-5476. www.poetryflash.org 

Freight and Salvage Open Mic at 8 p.m. at Freight and Salvage. Cost is $4.50-$5.50. 548-1761. www.freightandsalvage.org 

John Truby explains “The Anatomy of a Stroy: 22 Steps to Becoming a Master Storyteller” at noon at Mrs. Dalloways, 2904 College Ave. 704-8222. 

Page Stegner introduces “The Selected Letters of Wallace Stegner” at 7 p.m. at Cody’s Books on Fourth St. 559-9500. 

MUSIC AND DANCE 

Junior Reid, Reggae Angels at 9:30 p.m. at Ashkenaz. Cost is $18. 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 

Andrew Sammons, jazz, at 7 p.m. at Caffe Trieste, 2500 San Pablo Ave. 548-5198.  

Vital Information at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $12-$20. 238-9200. www.yoshis.com 

WEDNESDAY, NOV. 14 

CHILDREN 

“BookSongs” Gerry Tenney sings folksongs inspired by the books you love at 3:30 p.m. at the Claremont Branch, Berkeley Public Library, 2940 Benvenue Ave. 981-6280. 

EXHIBITIONS 

“Spaces” Photographs by Warren Glettner opens at the Christensen Heller Gallery, 5829 College Ave., Oakland. 655-5952. 

FILM 

“Contortions: The Perfomance Work of Patty Chang” with filmmaker Patty Chang in person at 7:30 p.m. at the Pacific Film Archive. Cost is $5.50-$9.50. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Rhoda Curtis reads from her memoire “Rhoda: Her First Ninety Years” at 6:30 p.m. at the North Branch, Berkeley Public Library, 1170 the Alameda at Hopkins. 981-6250.  

Tony Platt, coauthor with Cecilia O'Leary of “Bloodlines, Recovering Hilter's Nuremberg Laws, From Patton's Trophy to Public Memorial” at 7:30 p.m. at Hillside Club, 2286 Cedar St. 388-8932. www.hillsideclub.org 

Ann Vileisis discusses “Kitchen Literacy: How We Lost Knowledge of Where Food Comes From and Why We Need o Get It Back” at 7 p.m. at Cody’s Books on Fourth St. 559-9500. 

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

MUSIC AND DANCE 

Joel Behrman Group at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $8. 841-JAZZ. www.AnnasJazzIsland.com 

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

Bandworks at 7:30 p.m. at Ashkenaz. Cost is $5. 525-5054. www.ashkenaz.com 

Diablo’s Dust at 10 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790.  

Benny Velarde 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.  

VOCO with Moira Smiley at 8 p.m. at Freight and Salvage. Cost is $18.50-$19.50. 548-1761.  

Vital Information at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $12-$20. 238-9200. www.yoshis.com 

THURSDAY, NOV. 15 

EXHIBITIONS 

“Creative Reuse” works by Oakland students. Opening reception at 5:30 p.m. at 472 Water St., Jack London Square, Oakland. On display to Dec. 16. 465-8770, ext. 310. 

“One Way or Another: Asian American Art Now” Guided tour at 12:15 p.m.at Berkeley Art Museum, 2626 Bancroft. Cost is $5.50-$9.50. 642-0808. 

Patrick O’Kiersey “Selected Paintings and Drawings” Opening reception at 5 p.m. at the Craft & Cultural Arts Gallery, Atrium, State of California Office Bldg. 1515 Clay St., Oakland. 622-8190. 

THEATER 

Hecho in Califas “Amor Cubano” Written and performed by Eric Aviles at 8 p.m. at La Peña Cultural Center. Cost is $10-$12. 849-2568. www.lapena.org 

“Patty Chang” A performance by the video/performance artist at 6 p.m.at Berkeley Art Museum, 2626 Bancroft. Cost is $5.50-$9.50. 642-0808. 

READINGS AND LECTURES 

Barbara Becnel introduces and discusses Stanley “Tookie” Williams’ memoir “Blue Rage, Balck Redemption” at 7:30 p.m. at First Congregational Church of Berkeley, 2345 Channing Way at Dana. Donation of $10 suggested. 559-9500. 

The Holloway Series in Poetry: Rachel Levitsky: A poetry reading With graduate poet Gillian Osborne. Thursday, November 15th at 6:30pm 315 Wheeler Hall (the Maude Fife Room) on UCB campus Description: Avant-garde poet and critic Rachel Levitsky is a writer "committed to social and spiritual change." Her poems are often "highly charged, quick-to-read, funny and smart," sometimes vulnerable and bare, always engrossing For more info: http://holloway.english.berkeley.edu 

Adrian Tomine introduces “Shortcomings” at 7 p.m. at Cody’s Books on Fourth St. 559-9500. 

John Hamamura reads form his novel “Color of the Sea” at 7:30 p.m. at Mrs. Dalloways, 2904 College Ave. 704-8222. 

MUSIC AND DANCE 

The Carol String Trio will present a free chamber music concert at the Central Berkeley Public Library on Thursday, November 15, from 12:15 to 1 pm. Violinist Brooke Aird, violist Linda Green and cellist Cathy Allen will perform works by Bach, Gliere and Dohnanyi. The performance takes place at the Central Berkeley Public Library, 5th Floor, 2090 Kittredge Street (at Shattuck), which is wheelchair accessible. This free event is sponsored by the Friends of the Berkeley Public Library. For more information, call 510-981-6100 or visit www.berkeleypubliclibrary.org.  

New Century Chamber Orchestra Baroque concert with Margaret Batjer at 8 p.m. at St. John’s Presbyterian Church, 2727 College Ave. Tickets are $28-$42. 415-357-1111. www.ncco.org 

Yo-Yo Ma, cello and Kathryn Scott, piano, at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $50-$125. 642-9988. www.calperfs.berkeley.edu 

dysFUNKtion Dance performance by UC Berkeley’s Asian American Association at 7 p.m. at Julia Morgan Center for the Arts, 2640 College Ave. Tickets are $10 at the door.  

Aumnibus, acoustic world, at 9 p.m. at Ashkenaz. Cost is $TBA. 525-5054. www.ashkenaz.com 

The Infamous Stringdusters at 8 p.m. at Freight and Salvage. Cost is $17.50-$18.50. 548-1761. www.freightandsalvage.org 

Snake Trio with Marco Grandos at 8 p.m. at Anna’s Jazz Island, 2120 Allston Way. Cost is $14. 841-JAZZ. www.AnnasJazzIsland.com 

Mike Stadler at 7 p.m. at Caffe Trieste, 2500 San Pablo Ave., at Dwight. 548-5198.  

Faun Fables, Yva Las Vegas, Loretta Lynch at 9:30 p.m. at The Starry Plough. Cost is $10. 841-2082 www.starryploughpub.com 

Gato Barbieri at 8 and 10 p.m., through Sun. at Yoshi’s at Jack London Square. Cost is $24-$28. 238-9200. www.yoshis.com 

“What do I know about a heart? To me, a man’s an asset!” Mae West’s very intonation is proverbial—though just after the start of Sex, her 1926 Broadway blockbuster now revived at the Aurora, she intones, not too piously: “Don’t give me that church business again; you’ll get me goin’ back to the old homestead.” 

That’s what a good deal of the ’20s were about, and another reason they were called roaring. After the First World War, they couldn’t keep ‘em down on the farm, and the duplicities of middle class respectability versus the facts of life, which the novelists and playwrights of Europe and America had been exposing for a couple of generations or so, became the stuff of popular entertainment.  

Vaudeville spawned burlesque—and in a way, burlesque spawned Mae West. Sometimes called “the greatest female impersonator who actually was female,” Mae’s mannerisms were as exaggerated as the—assets—that got a life jacket named after her during the next world war. And Sex, the play and the risque’ subject matter, was what got her over the top and in the nation’s eye (or face) for over 50 years. 

Risqué—the very word summons up a lost half-world of knowing words, looks, gestures ... moves ... that played off the polite meaning of things, the naughty exhibitionistic side of hip, or louche. Lenny Bruce’s bumper shots off compulsive morality now often draw blank looks; how will the hoarier poses of wisecracking Mae make out in The Postmodern? 

Maybe better, as—like current icons such as Madonna—she’s all show, all provocation, in fact a lot of talk, especially when removed from her milieu, one informed with constant tension over behavior, over the social mask. 

So how does the venerable Aurora, under the steady hand of artistic director Tom Ross, turn such a relic of bygone showmanship for contemporary consumption? Wisely, by concentrating on a good time had by all—a reduction of a tour-de-force of yore to a nostalgic entertainment, brought off by skillful entertainers. 

The one tour-de-force remaining is Delia MacDougall’s playing of the lead character, Miss Marguerite (Margy) LaMont, as something more than a bravura impression of Mae. She plays Mae West in every sense, makes her image live, a real icon. 

The rest of the cast was chosen well, having to play two or three roles each, especially two other real troupers, Steve Irish as Mae’s limey squeeze off a lime squeezer, Lt. Gregg, and Maureen McVerry as slummer and thrillseeker “Clara Smith,” showing considerable physical comic skill on her way down to the floor and back up again. 

Kristin Stokes is very bright and funny, touching as a good girl gone bad, and hoping to go back. Mae’s comment: “Agnes’ idea of a good time is to hear the bells chiming and have a good cry ... If I were as dissatisfied as you are, I’d join the Salvation Army.” She also plays a French maid and a chanteuse in the Cafe Trinidad, getting into a funny six-legged dance number with others in the ad-lib chorus. 

It’s that chorus, or ensemble, that really counts, from the framing device of New York Times critic sniffing and Variety scribbler spieling about Mae’s hit, to the panoply of popular—and forgotten—romantic tunes, dance numbers (from “Shake That Thing” to “Everybody’s Shimmying Now”) to Mae’s own versions of red hot mama crooners.  

It’s all a lot of fun, well-executed (if in a way cinematicized, the direction Mae went in from Broadway) with one really funny twist of plot which spices up a suburban parlor scene. But it doesn’t quite catch—though it strives very well—the tone of double-entendre, of artificiality versus sordid reality, which burlesque and the original pulp fiction used to bravely signify, proud to be “genre,” generic.  

On a more middle-to-highbrow level, reading Anita Loos also proves a little bit of a wash-out as far as seeing what all the fuss was about, while her friend Dorothy Parker comes across a little better. But to catch the dark undertow that closed Sex down when it was a success on Broadway and made Mae stand up in the black maria all the way to headquarters in a way that still aches, that’s still all-too-current, it’s necessary to see certain plays of O’Neill—or read Dreiser’s An American Tragedy. 

SEX 

8 p.m. Wednesday-Saturday;  

2 and 7 p.m. Sundays through Dec. 9 at the Aurora Theatre, 2081 Addision St.  

$28-$50. 843-4822. www.auroratheatre.org.  

Bamboo is a plant with many faces and many reputations. It’s invasive, except when it’s not; it’s edible, tough, fast-growing. It’s good for scaffolding, houses, roofs, containers (in sizes from spice-bottle to bazooka), musical instruments (the Malagasy valiha tubular harp and sodinha flute, just for example), bows and arrows and the bowstrings too, fishing rods, curtain rods, flooring, paneling, dishes, kitchen and table utensils as well as the table and most of the kitchen itself, including water pipes.  

So you can eat bamboo shoots using bamboo chopsticks (or a bamboo knife, fork, and spoon) from a bamboo plate and wash it down with a drink from a bamboo cup, poured from a bamboo pitcher, sitting on a bamboo chair at a bamboo table on a bamboo floor in a bamboo house in a bamboo forest, listening to a bamboo orchestra. You can spill it on your bamboo-fiber shirt if you don’t watch out. 

I’ve even seen a bicycle made mostly of bamboo, and a mo-ped veneered in it. I’ve never heard of bamboo booze but I figure it’s only a matter of time.  

Don’t sing “Under the Bamboo Tree” as you wobble down the road, though, or some pedantic individual like me might yell out to correct you. Even timber bamboo is just tall grass. That’s part of the secret of its biological success and its indispensability to us. 

Grass has the physiological advantage of fast growth from advancing roots. That’s why prairies get along just fine while being grazed by bison; or savannas, ditto with wildebeest and other antelopes, zebras, and whatever else still ranges across Africa in magnificent herds. Grass doesn’t mind being bitten off at the top. That pruning doesn’t affect its growth pattern the way it would that of trees or most normal herbs.  

There’s a sort of running joke among evolutionary botanists about the war between the grasses and the trees, for world domination. (Currently, the grasses have domesticated us for their purposes much more successfully than the trees have: Consider how much more of the land’s surface we’ve devoted to grains—grasses—than to fruit orchards and ornamental trees.) It seems to me that the various bamboo species represent a sort of biological compromise between the two, or maybe a subversion of the tree strategy of size and structural sturdiness.  

Bamboo accomplishes this by having a critical proportion of lignin and cellulose in its tissues—lignin for stability, cellulose for tensile strength—and a tubular stem/trunk structure for optimum light weight to be supported.  

Another of bamboo’s physiological peculiarities is the way it flowers.  

Yes, grasses flower, if someone doesn’t mow or graze them. They’re wind-pollinated; the flowers get away with being inconspicuous since they don’t have to attract pollinators. Any bamboo species tends to bloom rarely—30 to 80 years, by some estimates—and then all at the same time.  

And then the plants die. The synchronous bloom and seed-setting is followed by the withering of the parent plant. Since a whole grove or even forest might consist of one clone arising from a central root mass, rather like an aspen clone, it all follows the same sequence and then drops dead.  

This has interesting consequences. It might be that it’s not such a problem as had been supposed for pandas, who feed exclusively on bamboo foliage, unpromising though that is. They’ve survived rather a lot of these bloom years; I guess that’s no surprise. What they need, apparently, is more bamboo forests to move to when their heretofore reliable green buffet disappears.  

The mass flowering of bamboo is reminiscent to the life cycle of those cicadas that live underground for 17 years, then stage a mass emergence, mate, and die. (Or 13 years, depending on the cicada.) Oaks and other nut trees do something similar on a less dramatic scale when they bear heavily and en masse in their masting years.  

It’s all about predator satiation. The bamboos flood the market to ensure that some seeds don’t get eaten, and do it on such a long cycle that seed-eaters are unlikely to adapt their own life cycles to it.  

“If bamboos flowered every year, seed eaters would track the cycle and present their own abundant young with the annual bounty,” wrote Stephen Jay Gould. “But if the period between episodes of flowering far exceeds the life-span of any predator, then the cycle cannot be tracked (except by one peculiar primate that records its own history).” 

Gould notes that such a reproductive cycle, in this case so long that any seed-eater would starve to death waiting before becoming dependent on it, works just fine evolutionarily: “It is sometimes advantageous to put all your eggs in one basket—but be sure to make enough of them, and don’t do it too often.” 

Photograph by Ron Sullivan. 

A timber bamboo in a Berkeley backyard.

TUESDAY, NOV. 13 

End the Occupation Vigil every Tues. at noon at Oakland Federal Bldg., 1301 Clay St. www.epicalc.org 

“Make Art NOT War” Artists are invited to bring their works to display along the sidewalk in front of the Marine Recruiting Station, 64 Shattuck Square, from 9 a.m. to 5 p.m. 548-7119. 

"Recycling Issues in Berkeley, Albany and Emeryville: What You Should Know" with Martin Bourque, Executive Director of the Berkeley Ecology Center and Nicole Almaguer, Albany Community Development Dept. at noon at Albany Library, at Marin and Masonic, Albany. Brown bag lunch sponsored by the League of Women Voters. 843-8824. 

“The End of America: Letter of Warning to a Young Patriot: A Citizen’s Call to Action” with author Naomi Wolf at 7:30 pm, at the First Congregational Church of Berkeley, 2345 Channing Way. Tickets are $10-$13. 415-255-7296, ext. 253. www.globalexchange.org/naomiwolf 

“Intellegence and Counter-Terrorism” with Ram Sidi, veteran member of Israel’s counter-terrorism establishment at 4 p.m. in the Toll Room, Alumni House, UC Campus. 642-7747. 

“Human Rights for European Gypsies” with C J Singh, at 7:30 p.m. at International House, Bancroft and Piedmont. 642-9460. 

Writer Coach Connection Volunteers needed to help Berkeley students improve their writing and critical thinking skills from noon to 3 p.m. To register call 524-2319. www.writercoachconnection.org  

Berkeley School Volunteers Orientation from 4 to 5 p.m. at 1835 Allston Way. Come learn about volunteer opportunities. 644-8833. 

Community Meeting on Redesign of City of Oakland Website at 7 p.m. at LAkeside Park GArden Center, 666 Bellevue Ave. Other meetings throught the month. For the survey see www.oakland.net/survey For information call 449-4401.  

“Older and Wiser: Basic Legal Knowledge for Living Well to the End,” with estate planning attorney Sara Diamond at 1:15 p.m. at North Berkeley Senior Center, 1901 Hearst Ave. 981-5190. 

American Red Cross Blood Services is holding a volunteer orientation at 6 p.m. Advanced sign-up is required; please call 594-5165.  

Berkeley School Volunteers Orientation from 4 to 5 p.m. at 1835 Allston Way. Come learn about volunteer opportunities. 644-8833. 

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 

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 

Community Sing-a-Long every Tues, at 2 p.m. at the Albany Senior Center, 846 Masonic Ave. 524-9122.  

St. John’s Prime Timers meets at 9:30 a.m. at St. John’s Presbyterian Church, 2727 College Ave. We offer ongoing classes in exercise and creative arts, and always welcome new members over 50. 845-6830. 

WEDNESDAY, NOV. 14 

Landscape Architecture and Environmental Planning Colloquium with Amir H. Gohar “Balancing Tourism Development and Cultural Site Preservation Along the Red Sea Coast” at 1 p.m. at Wurster Hall, Room 315A, UC Campus. All welcome. laep.ced.berkeley.edu/events/colloquium 

Civilian War Victim Series “Collateral Damage” with Dr. Brian Gluss at 1 p.m. at Emeryville Senior Center, 4321 Salem, Emeryville. 596-3730. 

AnewAmerica’s Gala & Microbusiness Expo at 6 p.m. at the Holy Redeemer Conference Center, 8945 Golf Links Rd., Oakland. Tickets are $85. 540-7785. www.anewamerica.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. Heavy rain cancels. 548-9840. 

Berkeley Peace Walk and Vigil at the Berkeley BART Station, corner of Shattuck and Center. Sing for Peace at 6:30 p.m. followed by Peace Walk at 7 p.m. www.geocities.com/vigil4peace/vigil 

Stitch ‘n Bitch at 6:30 p.m. at Caffe Trieste, 2500 San Pablo Ave., at Dwight. 548-5198.  

THURSDAY, NOV. 15 

“Countryside Living: Impacts to Wildlife and Watersheds” with Dr. Adina Merender at 7 p.m. at the Northbrae Community Church, 941 The Alameda. Sponsored by the Golden Gate Audubon Society. 843-2222. 

“Current Research at Cordell Bank National Marine Sanctuary” with research coordinator Dr. Lisa Etherington at 12:30 p.m. at Oakland Museum of California, Oak at 10th St., Oakland. 238-2022. www.museumca.org 

“Playground” new extreme ski and snowboard film by Warren Miller at 8 p.m. at Wheeler Auditorium, UC Campus. www.warrenmiller.com  

“Aging Artfully” with Amy Gorman on Profiles of 12 Visual and Performing Women Artists 85 – 105 at 7 p.m. at El Cerrito Library, 6510 Stockton Ave., El Cerrito. 526-7512.  

Babies & Toddlers Storytime at 10:15 and 11:15 a.m. at Kensington Library, 61 Arlington Ave., Kensington. 524-3043.