After the dancing, singing and poetry of Berkeley High’s graduation ceremony Thursday.  

After the 700 graduates of the class of 2001 stomped, skipped or glided across the stage of UC Berkeley’s Greek Theater, waving their diplomas in the air like victory pennants, or tucking them under their arms like top-secret documents. 

After the blazing sun mercifully dipped behind the trees and shadow fell across stadium. 

That’s when reality set in for graduating senior Marian Valley. 

“It’s sad,” Valley said, fighting back tears. “Your childhood’s gone.” 

But seconds behind the sadness came elation. 

“I’m going to college,” Valley said firmly. 

And then, her voice rising, like she would burst into song: “And I want to be a writer, teacher, psychologist, doctor...” 

She laughed, aware that she might have gone too far. 

But all around her other students were feeling the tug and pull of similar emotions. 

Eddie James felt it. And it made him smile, but it also made him wonder. 

“I feel real good,” he said. And then: “I don’t know what to do with myself.” 

The first step, he had down: attend San  

Francisco State. But he could sense that he wanted something more, too; to transfer to Howard University, maybe – one of the East Coast’s prestigious, all-black colleges.  

James, who worked to make Berkeley High a better place through his involvement in student groups such as Youth Together and the Black Student Union, thought maybe he could see himself as a lawyer somewhere down the road. 

One thing he was sure of though: he had come a long way in his four years at Berkeley High. 

“I didn’t really know too much (as a freshman), and I acted kind of silly,” James said. “I wouldn’t have realized that then, but I do now.” 

Nearby, Raul Hernandez had somehow managed to pick his mother out of the mass of smiling faces near the entrance to the stadium. The deep emotions of the day had subsided somewhat for him, to be replaced by a kind of perfect calm. 

“You feel free now,” he said simply.  

Free, in the case of Hernandez, to pursue the study of business as a soon-to-be UC Berkeley freshman. 

Yolanda Roberts, the parent of a graduate, was feeling some of that freedom too as she waited for her daughter. 

“I’m so glad my daughter graduated,” she said, heaving a deep sigh. “It was a very long, hard struggle.” 

Roberts recalled her daughter’s battles with peer pressure – and her own herculean efforts to negotiate Berkeley High’s bureaucracy – as if they were yesterday. But none of that could keep her from smiling Friday. 

“Maturity really set in for her,” Roberts said. “I think, as she got older, she was more confident with who she was.” 

Roberts’ daughter is bound for San Francisco’s Fashion Institute of Design and Merchandise in the fall. 

“I always told them, you can’t ever get enough education,” said Robert’s mother, Judy Bragg, Berkeley High class of 1960. “The job market is harder for them to come out into now.” 

Berkeley school board president Terry Doran – a longtime teacher at Berkeley High – exchanged poignant hugs with some of his former students after the ceremony. 

“There’s definitely a sadness,” Doran said, explaining that this year’s graduates include the last student he taught before his retirement in 1999. 

Doran, an educator for 35 years, agreed with Bragg that 2001 could be a tough year for high school graduates. 

“I think times are tougher now for young people,” he said. “The economy is different. Young people have a lot more pressure on them to succeed.” 

But as he watched his former students parade past, radiating energy and eagerness, Doran said he wasn’t worried about the Berkeley High graduates. 

“The attitude of students hasn’t changed. They’re optimistic, (they feel) they’re going to take the world. And they will. 

“The vast majority of Berkeley High students come out well-prepared for life,” he said. 

Valley agreed.  

There she was, broken away suddenly from the mass of red and yellow gowns – the classmates who she could no longer count on meeting tomorrow, in the corridors of Berkeley High – searching the crowd for her family. And even in that most precarious of moments, she could feel a new confidence beginning to take hold of her. 

“Growing up, that’s all it was,” she said. “I had fun though. I had my ups and downs in school and in life and I think it made me stronger.”

Saturday, June 16

Berkeley Farmers’ Market 

10 a.m. - 3 p.m. 

Center Street between Martin Luther King Jr. Way and Milvia Street 548-3333 

Berkeley Arts Festival  

Music Circus 

1 p.m. - 5 p.m. 

Shattuck Ave. between University Ave. and Channing Way 

The Music Circus will feature dozens of eclectic performances ranging from string quartets to blues and jazz. Free bus fare to and from the event offered by AC Transit. 665-9496.  

Botanical Garden Spring Party 

3 - 6 p.m. 

UC Berkeley Botanical Garden 

200 Centennial Drive 

Celebrating the completion of the new Arid House and the renovation of the Southern African area. Food, wine and jazz. Fund-raiser for the Garden, $25 per person. 

643-2755 

Puppet Shows on Cultural  

Medical Differences 

1:30 p.m. and 2:30 p.m. 

Hall of Health 

2230 Shattuck Ave. (lower level) 

Two shows for kids of all ages and their families promote acceptance and understanding of cultural and medical differences. Free. 

549-1564 

Poets’ Corner 

1:30 - 4 p.m. 

Shattuck and Kittredge 

Ten poets will read on the downtown street corner as a kick-off event for the two-week Berkeley Arts Festival. 649-3929 

Energy Crisis 

2 p.m. 

6501 Telegraph Avenue 

Oakland 

“Why They Can’t Keep the Lights On and What We Can Do About It.” 595-7417 

Immigration Leadership Roundtable Discussion 

11 a.m. 

Ronald V. Dellums Federal  

Building 

1301 Clay St./ Conference Room H/ 5th Floor North Tower 

Oakland 

The public is invited to join Congresswomen Barbara Lee and Loretta Sanchez in hosting an immigration leadership roundtable discussion with local community leaders. 763-0370 

Sunday, June 17

Carefree/Carfree Tour 

11 a.m. 

Berkeley Amtrack Station  

Foot of University Ave. 

Berkeley Arts Festival tour of coastlines installation guided by landscape architect Tom Leader. Walk culminates on the Berkeley Marina. 486-0411 

Carefree/Carfree Tour #2 

1 p.m. 

Berkeley Arts Festival Gallery 

2200 Shattuck Ave. 

Bus and walk to: The Crucible, workshop of arts and the industry; Bay Area Center for the Consolidated Arts; and the Juneteenth Celebration, annual street fair of African-American Roots with music, dance and food. 486-0411 

The Discord Aggregate  

Intersection 

7 p.m. 

Gathering of local artists, poets, musicians, composers and others. Non-profit group meets every three to four weeks. This week, Tasmanian photographer Tony Ryan will present his work. For location and other information  

e-mai:l alemap@discordaggregate.com 

Music and Meditation 

8 - 9 p.m. 

The Heart-Road Traveller 

1828 Euclid Ave. 

Group mediation through instrumental music and devotional songs, led by Lucian Balmer and Baoul Scavullo. Free. 496-3468 

Buddhist Mantra/Healing 

6 p.m. 

Tibetan Nyingma Institute 

1815 Highland Place 

Bob Byrne on “Mantra and Healing,” a deep and personal kind of healing. Free. 843-6812 

15th Annual Berkeley  

Juneteenth Festival 

11 a.m. - 6 p.m. 

Adeline & Alcatraz, by Ashby BART. A celebration of African American liberation from slavery. 655-8008  

www.berkeleyjuneteenth.org 

Monday, June 18

Raging Grannies Meeting 

7 p.m. 

1924 Cedar Fellowship Hall 

UC Berkeley 

East Bay/San Francisco Raging Grannies organizing meeting. Celebrate life with laughter and song. 

528-5403 

Rent Stabilization Board - Regular Meeting 

7 p.m. 

2134 Martin Luther King Jr. Way 

Council Chambers, Second Floor 

Appeal T-3760 — 1501 Stuart Street, #3. The landlord appeals the decision of the hearing examiner that found that he was required to refund the tenants’ entire security deposit and to pay them the interest that had accrued. 

Tuesday, June 19

Women Against Sexual Slavery 

9 a.m. 

Federal Building & Courthouse 

1301 Clay St. Oakland 

Protest Lakireddy Reddy’s light sentence. Bring signs and flyers urging Judge Saundra Brown Armstrong to give Reddy the maximum sentence of 38 years. 841-8282 or 843-0680 

— Compiled by Sabrina Forkish and Guy Poole 

Berkeley Camera Club  

7:30 p.m. 

Northbrae Community Church  

941 The Alameda  

Share your slides and learn what other photographers are doing. Monthly field trips. 

Call Don, 525-3565 

Young Queer Women’s Group 

8 - 9:30 p.m.  

Pacific Center 

2712 Telegraph Ave.  

Make some new friends, expand your horizons and get support with a bunch of queer women all in the same place at the same time (somewhere between 18 and 25).  

548-8283 or visit www.pacificcenter.org 

Berkeley Farmers’ Market 

2 - 7 p.m. 

Derby Street between Martin Luther King Jr. Way and Milvia Street 

548-3333 

Intelligent Conversation  

7 - 9 p.m.  

Berkeley Richmond Jewish Community Center 

A discussion group open to all, regardless of age, religion, viewpoint, etc. This time the discussion will center on frugality, generosity, simplifying life, and dealing with money. Informally led by Robert Berend, who founded similar groups in L.A., Menlo Park, and Prague. Bring light snacks/drinks to share. Free  

527-5332 

Fibromyalgia Support Group  

Noon - 2 p.m.  

Alta Bates Medical Center 

Maffly Auditorium, Herrick Campus  

2001 Dwight Way  

This will be a rap session.  

601-0550 

A Journey Through Eastern Europe 

7:30 p.m. 

Easy Going Travel Shop and Bookstore 

1385 Shattuck Avenue 

Angelina Sorensen, Bulgarian native, will give an overview of the best places to visit through a slide presentation and display of regional arts and crafts. Free. 

843-3533 

Energy-Saving Skylight 

8 a.m. - Noon 

Truitt and White Lumber 

642 Hearst Avenue 

The new Velux VSE skylight, winner of the Energy Star award, could help reduce home energy use. On view today. 

841-0511 

(gp) 

Medical Waste Management and Environmental Health in India 

6 - 8 p.m. 

University of California, Room 150 University Hall, 2199 Addison St. 

Shyamala Mani, coordinator and educator with India’s Centre for Environment Education, will give a public talk on successful medical waste disposal strategies. The talk will be of interest to environmental, labor and community organizers, healthcare workers and students of environmental health and occupational safety.  

845-1447 

(gp) 

Early Music Group 

10 - 11:30 a.m. 

North Berkeley Senior Center 

Hearst and MLK Jr. Way 

Small group sings madrigals and other voice harmony every Tuesday morning. Drop-ins welcome. 

655-8863 

Wednesday, June 20

Carefree/Carfree Tour 

11 a.m. 

Berkeley Arts Festival Gallery 

2200 Shattuck Ave. 

Meet at the Gallery, take the bus to the Oakland Museum to take a tour with David Bacon of his exhibition “Every Worker Is An Organizer: Farm Labor and the Resurgence of the UFW.” 

486-0411 

(gp) 

Berkeley Communicator Toastmasters Club 

7:15 a.m. 

Vault Cafe 

3250 Adeline 

Learn to speak with confidence. Ongoing first and third Wednesdays each month. 

527-2337 

A “Thank You” Reception for Berkeley School Interim Superintendent Steve Goldstone, who will step down later this summer. 

Public invited. 

4:30 to 6:00 (before the school board meeting) 

2134 Martin Luther King, Jr. Way, second floor, old council chambers. 

Reddy’s guilt vs. Reddy’s rights 

Editor: 

I strongly support Dr. Russell’s position in the June 14 FORUM, with one exception: the inappropriate involvement of one part of our government in a different part of our government’s business.  

I have been boycotting Mr. Reddy’s Pasand Restaurant (as I believe everyone else should) since reading of his exploits in the news, but was very disappointed that the Berkeley City Council would pass a resolution officially supporting such an action prior to the completion of this man’s receipt of due process (at least according to the media, he was still in the midst of wrangling a favorable Plea Bargaining agreement on 12/19/00). 

It’s sad that even this most just of causes becomes tainted when a group of activists successfully lobbies a city’s government to disregard a citizen’s Fifth Amendment rights (see U.S. Constitution - Bill of Rights).  

I hope Judge Armstrong is gracious enough to overlook Dr. Russell’s inadvertent reminder of this Unconstitutional behavior, and sentences Mr. Reddy as harshly as possible. As for me, a Pasand-free diet awaits…. 

Greg Schlappich 

Berkeley 

Beth El project: a study in poor planning 

Editor: 

It is sad, but not surprising that the recent hearing before the City Council on Temple Beth El’s proposed project for the old Byrne estate across from Live Oak Park was so crowded that more than 300 people were turned away from Council chambers. How this has happened and why can serve as a case study in the morass that is the City of Berkeley’s planning process.  

I first became aware of the Temple’s proposed design in November 1998, while I was still serving as Chair of Berkeley’s Zoning Adjustments Board.  

A friend invited me to a meeting where representatives from Temple Beth El presented their ‘preliminary’ plans.  

During the lively discussion that followed, I echoed what I heard others predicting would be significant community concerns: that the design didn’t make the most of the site’s unique environmental and historic significance, and created traffic and parking impacts that needed to be better mitigated.  

Although the Temple confidently told me that Berkeley City Staff had blessed the project as designed, they assured me that they were committed to an open and inclusive process for community review and input and began convening an extensive set of neighborhood meetings.  

By the middle of last year, however, it was apparent that things were not going well. In all but the finest grain of detail, the project hadn’t budged an inch.  

Neighbors and community groups were becoming agitated as it became apparent that no matter how many meetings they attended, their input was not finding its way into the project. Finally, after an arduous set of public hearings, the ZAB approved a project that, viewed in terms of site design, massing, parking and program, remains substantially the same as the one presented as ‘preliminary’ three years ago.  

I can confidently say that during the entire time that I was on the ZAB, I cannot recall a single project subject to even a fraction of this level of neighborhood concern that came through the process so unchanged.  

Most disappointingly, there are simple design changes that could not only address many of the concerns raised by those who are appealing the ZAB’s decision but could also result in a stronger project for the Temple.  

Restoring Codornices Creek for the length of the site would not only conform to the spirit of city policy, but also give the project a much needed outdoor focus.  

Moving the on-site parking to be adjacent to and underneath the building would not only leave more of the site’s natural beauty intact, be also be more convenient for those using it. Developing the north bank of Codornices Creek, adjacent to Berryman Path, as semi-public space rather than a parking lot would not only provide additional separation from residential uses, but also be in keeping with the Jewish tradition of giving back to the community.  

The unprecedented turnout at the Council’s recent public hearing on Beth El derives from the fact that this project represents a most extreme case of this sort of city-planning dysfunction.  

Can this project be fixed?  

Let us hope that the Temple, who counts among its membership some of our Berkeley’s best and brightest, honors the intelligent suggestions of the community, reverses the reactionary, stonewalling course it has pursued these past three years, and seizes upon this unique opportunity to demonstrate enlightened leadership and guide us out of this planning wilderness. 

Kevin Powell 

Berkeley 

Fish in the creek? a fish story 

Editor: 

I attended a hearing recently before the Berkeley City Council related to the Temple Beth El proposal and Codornices Creek and believe that the following comments are of use in considering this issue.  

My family and I have resided adjacent to and enjoyed Codornices Creek for over 15 years during which I have had an opportunity to observe the creek in a day to day sense through many changes of seasons.  

Our home, located on Ordway and has a canyon on the north side in which the creek runs.  

When I bought our house, the creek banks had been sliding. To address this, we carefully developed and initiated a plan of biotechnical slope retention much like that proposed by Temple Beth El to restore the creek and prevent further erosion. Since then the environment has flourished. 

In spending time near the creek I have had a chance to observe the fish and fowl (large hawks like to bath in the creek on hot summer days under the redwoods and eucalyptus!) as well as the rodents and larger animals living there.  

However, and I can clearly state that aside from occasional crawfish and minnows we have NEVER seen any large fish, such as steel head inhabiting the ponds or making their way upstream as I have for example in unencumbered streams in West Marin.  

Lengthy portions of the creek are cover both to the east and to the west of our home. These include, to the east – above our property as the creek flows – such culverts at Monterey Avenue where one can also see both concrete and vertical bars where it enters the culvert from the west sidewalk and a 500 foot covering at the Madeline School.  

West of our home, the creek enters a culvert and travels an estimated 350-400 feet – fully enclosed in concrete until it emerges west of Peralta Street along the Albany border.  

There are numerous other culverts moving west toward the bay as well. 

Make no mistake, Codornices Creek is a wonderful asset and should be cherished and respected – but it is not now nor has it been home to large fish for at least the last 15 years.  

The community infrastructure already in place will prevent this for the foreseeable future. 

Joseph B. Zicherman 

Berkeley

Habitot Children’s Museum “Back to the Farm” An interactive exhibit gives children the chance to wiggle through tunnels, look into a mirrored fish pond, don farm animal costumes, ride on a John Deere tractor and more. “Recycling Center” Lets the kids crank the conveyor belt to sort cans, plastic bottles and newspaper bundles into dumpster bins. $4 adults; $6 children age 7 and under; $3 for each additional child age 7 and under. Monday and Wednesday, 9:30 a.m. to 1 p.m.; Tuesday and Friday, 9:30 a.m. to 5 p.m.; Thursday, 9:30 a.m. to 7 p.m.; Saturday, 10 a.m. to 5 p.m.; Sunday, 11 a.m. to 5 p.m. (closed Sundays, Memorial Day through Labor Day) Kittredge Street and Shattuck Avenue 647-1111 or www.habitot.org  

Judah L. Magnes Museum “Telling Time: To Everything There Is A Season” through May 2002. An exhibit structured around the seasons of the year and the seasons of life with objects ranging from the sacred and the secular, to the provocative and the whimsical. 2911 Russell St. 549-6950  

The Asian Galleries “Art of the Sung: Court and Monastery.” A display of early Chinese works from the permanent collection. “Chinese Ceramics and Bronzes: The First 3,000 Years,” open-ended. “Works on Extended Loan from Warren King,” open-ended. “Three Towers of Han,” open-ended. $6 general; $4 seniors and students age 12 to 18; free children age 12 and under; free Thursday, 11 a.m. to noon and 5 p.m. to 9 p.m. Wednesday, Friday through Sunday, 11 a.m. to 5 p.m.; Thursday, 11 a.m. to 9 p.m. 642-0808 

UC Berkeley Museum of Paleontology Lobby, Valley Life Sciences Building, UC Berkeley “Tyrannosaurus Rex,” ongoing. A 20 by 40-foot replica of the fearsome dinosaur made from casts of bones of the most complete T. Rex skeleton yet excavated. When unearthed in Montana, the bones were all lying in place with only a small piece of the tailbone missing. “Pteranodon” A suspended skeleton of a flying reptile with a wingspan of 22-23 feet. The Pteranodon lived at the same time as the dinosaurs. Free. Monday through Friday, 8 a.m. to 5 p.m.; Saturday and Sunday, 1 p.m. to 5 p.m. 642-1821 

UC Berkeley Phoebe Hearst Museum of Anthropology “Approaching a Century of Anthropology: The Phoebe Hearst Museum,” open-ended. This new permanent installation will introduce visitors to major topics in the museum’s history. “Ishi and the Invention of Yahi Culture,” ongoing. This exhibit documents the culture of the Yahi Indians of California as described and demonstrated from 1911 to 1916 by Ishi, the last surviving member of the tribe. $2 general; $1 seniors; $.50 children age 17 and under; free on Thursdays. Wednesday, Friday through Sunday, 10 a.m. to 4:30 p.m.; Thursday, 10 a.m. to 9 p.m. Kroeber Hall, Bancroft Way and College Ave. 643-7648  

Lawrence Hall of Science “Math Rules!” A math exhibit of hands-on problem-solving stations, each with a different mathematical challenge. “Within the Human Brain,” ongoing. Visitors test their cranial nerves, play skeeball, master mazes, match musical tones and construct stories inside a simulated “rat cage” of learning experiments. “Saturday Night Stargazing,” First and third Saturdays each month. 8 - 10 p.m., LHS plaza. Computer Lab, Saturdays 12:30 - 3:30 p.m. $7 for adults; $5 for children 5-18; $3 for children 3-4. 642-5132 

Holt Planetarium Programs are recommended for age 8 and up; children under age 6 will not be admitted. $2 in addition to regular museum admission. “Constellations Tonight” Ongoing. Using a simple star map, learn to identify the most prominent constellations for the season in the planetarium sky. Daily, 3:30 p.m. $7 general; $5 seniors, students, disabled, and youths age 7 to 18; $3 children age 3 to 5 ; free children age 2 and younger. Daily 10 a.m. to 5 p.m. Centennial Drive, UC Berkeley 642-5132 or www.lhs.berkeley.edu  

924 Gilman St. All shows begin at 8 p.m. unless noted $5; $2 for year membership. All ages. June 16: Nerve Agents, American Nightmare, Fields of Fire, Affront, Scissorhands. June 22 Hoods, Fall Silent, Clenched Fist, Osiva, Hellcrew; June 23 The Hellbillies, The Fartz, The Tossers, Ruodp, The Fightbacks; June 29 Barfeeders, Pac-Men, Hell After Dark, A.K.A. Nothing, Maurice’s Little Bastards; June 30 The Cost, Pg. 99, Majority Rule, 7 Days of Samsara, Since by Man, Creation is Crucifixion 525-9926  

Albatross Pub Music at 9 p.m. unless noted otherwise. June 19: pickPocket Ensemble; June 20: Whiskey Brothers; June 21/28: Keni “El Lebrijano”; June 26 Mad & eddie Duran Jazz Duo; June 30: Larry Stefl Jazz Quartet 1822 San Pablo Ave. 843-2473  

Anna’s Music at 8 p.m. June 16: Robin Gregory & Bliss Rodriguez; Aleph Null; June 18,25: The Renegade Sidemen; June 19 Jason Martinwau; June 20,27: Bob Schoen Jazz Quartet; June 21: The Jazz Singers Collective; June 23:The maestro Rich Kalman & His Jazz Trio; June 24 The Joe Livotti Sound; June 26: Tangria; June 28: ConFusion. $2 weeknights, $3 weekends. 1801 University Ave. 849-ANNA  

Ashkenaz June 16: 9:30 p.m., Amandla Poets; June 17, 6 p.m.: Ray Cepeda and the Neo Maya Experience; June 19, 9 p.m.: Brass Menagerie; June 20, 9 p.m.: Gator Beat; June 21, 10 p.m.: Digital Dave; June 24, 8 p.m.: Babatunde Olantunji; June 26, 9 p.m.: DP & The Rhythem Riders; June 27, 8 p.m.: Fling Ding/Circle R Boys/Dark Hollow; June 28, 9 p.m.: Monkey/Stiff Richards/ Go Jimmy Go.1370 San Pablo Ave. 525-5054 or www.ashkenaz.com 

Blakes June 17, 9 p.m.: Third Eye Movement’s Straight Buldin Tour 2001 featuring Red, Guard, Renaissance, Bored Stiff, Deuce Eclipse, Gazzi and SoulSistaSoul. Hosted by Rob Jamal of nommo; 2367 Telegraph; for more info call 238-8080 x310 

Freight & Salvage All music at 8 p.m. June 16: Rova Saxophone Quartet. $17.50; June 17: Sean Tyrrell and Tommy Peoples; June 19: Toshi Reardon; June 20 Cliff Eberhardt; June 21 Rachel Garlin, $15.00 advance, $16.50 door; June 22: Sourdough Slim w/ Blackwood Tom; June 23: Lara & Reyes; June 24; Darryl Purpose, Dave Carter & Tracy Grammar; June 26; Freight 33rd Anniversary Revue; June 27: Dilema, Hookslide; June 28: Jim Campilongo; june 29: Don’t Look Back; June 30: Jim Hurst & Missy Raines, Due West. 1111 Addison St. www.freightandsalvage.org; 548-1761 

Jupiter All shows at 8 p.m. June 16: Nucleus; June 19: Mas Cabeza; June 20: Wavelord; June 21: Beatdown w/ DJ’s Delon, Yamu & Addi; June 22: Realistic; June 23: Wayside; June 26: Bruno Pelletier Trio; June 27: O Maya; June 28: Beatdown w/ DJ’s Delon, Yamu & Addi; June 29: Zoe Ellis Quartet; June 30: Go Van Gogh 2881 Shattuck Ave 843-8277 

Live Oaks Concerts Berkeley Art Center, June 24: 7:30 p.m., Stephen Bell. Admission $10 (BACA members $8, students and seniors $9, children under 12 free) 

Jazzschool Recitals June 17: 4 p.m., Jazz Combos; June 19: 4 p.m., Jazz Groups; June 20: 4 p.m., Jazz Ensembles; June 21: 4 p.m., Jazz Combos. Free. The Jazzschool/La Note 2377 Shattuck Ave. 845-5373  

Celebrating Um Kulthoum June 17, 7 p.m. A benefit concert for Palestinian Refugees, the Lammam Ensemble will perform some of legendary Arabic vocalist Um Kulthoum’s most cherished songs. $20. International House Auditorium 2299 Piedmont Ave. at Bancroft 415-648-1353 

Berkeley Symphony Orchestra Season Finale June 21, 8 p.m. Works by Shostakovich, Brahms, and Rohde. $19 - $35 Zellerbach Hall, UC Berkeley 841-2800  

Dance 

“More Matters of Life and Death” June 16 & 17, 8 p.m. The newest cycle of this series, “Iris, Blue, Each Spring,” tackles the joys and sorrows of growing older and is set to “Six Japanese Songs” by Margaret Garwood. Presented by The Ruch Botchan Dance Company in concert with The Mirage Ensemble. $12 - $15 Western Sky Studio 2525 Eighth St. 848-4878 

“Dance Mosaic: Celebrating Diversity” June 16, 8 p.m. and June 17, 2 p.m. The annual repertory concert for the Mahea Uchiyama Center for International Dance features over 100 performers of dance and music from the South Pacific, India, Africa and the Middle East. $5 - $15 Juia Morgan Center for the Arts 2640 Collage Ave. 925-798-1300 

Kalanjali in Concert June 22, 7 p.m. Kalanjali concludes its celebration of its 25th year in Berkeley with a special recital. Experienced dancers and young students, with guests from India including dancer K. P. Yesoda and the musicians of Bharatakalanjali. $6 - $8 Juia Morgan Center for the Arts 2640 Collage Ave. 925-798-1300 

Theater 

“Cymbeline” Through June 24, Tues. - Thur. 7:30 p.m., Fri. 8 p.m., Sat. 2 p.m. and 8 p.m., Sun. 4 p.m. Opening of the California Shakespeare Festival features one of Shakespeare’s first romances, directed by Daniel Fish. $12 - $146. Bruns Memorial Amphitheater off Highway 24 at the Shakespeare Festival Way/Gateway Exit. 548-9666 or www.calshakes.org 

“The Laramie Project” Through July 8: Weds. 7 p.m., Tues. and Thur. -Sat. 8 p.m., Sun. 2 p.m. and 7 p.m. Written by Moises Kaufmen and members of Tectonic Theater Project, directed by Moises Kaufman. Moises Kaufman and Tectonic members traveled to Laramie, Wyo., after the murder of openly gay student Matthew Shepherd. The play is about the community and the impact Shepherd’s death had on its members. $10 - $50. The Roda Theatre, Berkeley Repertory Theatre 2015 Addison St. 647-2949 www.berkeleyrep.org 

“Kid Kaleidoscope and the Puppet Players” June 24: 2 p.m., Julia Morgan Center for the Arts. The Puppet Players are a multi-media musical theatre group. Their shows are masterfully produced to thrill people of all ages with handmadesets and puppets. Adults $10, Children $5, 2640 College 867-7199 

“Romeo and Juliet” Through July 14, Thurs. - Sat. 8 p.m. Set in early 1930s just before the rise of Hitler in the Kit Kat Klub, Juliet is torn between ties to the Nazi party and Romeo’s Jewish heritage. $8 - $10. La Val’s Subterranean Theater 1834 Euclid 234-6046 

“A Life In the Theatre” Runs through July 15. Wed. - Sat. 8 p.m., Sun. 2 p.m. and 7 p.m. David Mamet play about the lives of two actors, considered a metaphor for life itself. Directed by Nancy Carlin. $30-$35. $26 preview nights. Berkeley City Club 2315 Durant 843-4822 

Films 

Berkeley Film Festival, June 23, 1 p.m. Berkeley Arts Festival Gallery. Presnetation of Six films: The Good War, and Those Who Refused to Fight it (Judith Ehrlich and Rick Tejada Flores), Just Crazy About Horses (Tim Lovejoy and Joe Wemple), Los Romeros: The Royal Family of the Guitar (L. John Harris and Bill Hayes), In Between the Notes (William Farley and Sandra Sharpe) and KPFA On The Air (Veronica Selver and Sharon Wood). 2220 Shattuck 486-0411 

Pacific Film Archive Jun 16: 7 and 9 p.m.: Beau Travail; June 17, 5:30 p.m.: The Face of Another; June 19 7:30 p.m.: Los; June 20 7:30 p.m.: filial Fixations; June 21 Days of the Eclipse 7 p.m. & A Spring for the Thirsty 9:30 p.m.; June 22 Three by Aurthur Peleshian 7:30 p.m., Ivan’s childhood 9 p.m.; June 23 7 & 9:10 p.m. I can’t Sleep; June 24 The Ruined Map 5:30 p.m. & Summer Soldiers 7:50 p.m.; June 26 7:30 p.m. San Francisco Cinematheque: 40 Years in Focus; June 27 7:30 p.m. Nature vs. Nurture; June 28 7:30 p.m. The Beginning of an Unknown Era; June 29 Molba 7:30, Shadows od Our Forgotten Ancestors 9:10; June 30 7, 9:10 p.m. Nenette and Boni. Pacific Film Archive Theater 2575 Bancroft Way (at Bowditch) 642-1412 

Exhibits 

Constitutional Shift, Through July 13, tuesdays - fridays, noon - 5 p.m. Kala Art Institute. Permanence and personal journey link Hee Jae Suh, Ursula Neubauer and Marci Tackett. Korean-born Suh explores an inner psychological world with a dramatic series of self-portraits. Neubauer explores self-portraiture as a travel map of identity with multiple points of view. Tackett explores Antarctica’s other-worldly landscape in a series of stunning digital photographs. 1060 Heinz Ave. 549-2977 

East Bay Open Studios June 16 & 17, 11 a.m. - 6 p.m. Jennifer Foxly: Oil paintings and 2-d mixed media works 3206 Boise St.; Lewis Suzuki: Scenes from California to the Philippines, florals to nudes 2240 Grant St.; Guy Colwell: Painted replicas and recent original work 2028 9th St. (open until 7 p.m.) 

PASSING: The Re-Definition of Sex and Gender Through the Personal Re-Presentation of Self Through June 16, Mon. - Fri. 8:30 a.m. - 6:30 p.m., Sat. 9 a.m. - 3 p.m. Black and white photographs by Ann P. Meredith. Free. Reception with the artist June 7, 6 - 8 p.m. Photolab Gallery 2235 Fifth St.  

Ledger drawings of Michael and Sandra Horse Exhibit runs through June 18. Gathering Tribes Gallery 1573 Solano Ave. 528-9038 www.gatheringtribes.com  

“Alive in Her: Icons of the Goddess” Through June 19, Tuesday - Thursday, 10 a.m. - 3 p.m. Photography, collage, and paintings by Joan Beth Clair. Pacific School of Religion 1798 Scenic Ave. 848-0528 

Tyler James Hoare Sculpture and Collage Through June 27, call for hours. Party June 9, 5-9 p.m. with music by Sauce Piquante. The Albatross Pub 1822 San Pablo Ave. 843-2473 

Ako Castuera, Ryohei Tanaka, Rob Sato Through June 30, Tues. - Sat. 11 a.m. - 6 p.m. Group exhibition, recent paintings. Artist’s reception June 9, 6:30 - 9 p.m. with music by Knewman and Espia. !hey! Gallery 4920 B Telegraph Ave., Oakland 428-2349  

“Watershed 2001” Through July 14, Wednesday - Sunday Noon - 5 p.m. Exhibition of painting, drawing, sculpture and installation that explore images and issues about our watershed. Berkeley Art Center 1275 Walnut St. 644-6893 

Rachel Davis and Benicia Gantner Works on Paper Through July 14, Tues. - Sat., 11 a.m. - 6 p.m. Watercolors by Davis, mixed-media by Gantner. Opening reception June 13, 6 - 8 p.m. Traywick Gallery 1316 Tenth St. 527-1214 www.traywick.com 

“The Trip to Here: Paintings and Ghosts by Marty Brooks” Through July 31, Tues. - Sun. 11 a.m. - 1 a.m. View Brooks’ first California show at Bison Brewing Company 2598 Telegraph Ave. 841-7734  

Bernard Maisner: Illuminated Manuscripts and Paintings. Through Aug. 8 Maisner works in miniature as well as in large scales, combining his mastery of medieval illumination, gold leafing, and modern painting techniques. Flora Lamson Hewlett Library 2400 Ridge Rd. 849-2541 

“Musee des Hommages,” Masterworks by Guy Colwell Faithful copies of several artists from the pasts, including Titian’s “The Venus of Urbino,” Cezanne’s “Still Life,” Picasso’s “Woman at a Mirror,” and Boticelli’s “Primavera” Ongoing. Call ahead for hours 2028 Ninth St. (at Addison) 841-4210 or visit www.atelier9.com 

“Geographies of My Heart” Collage paintings by Jennifer Colby through August 24; Flora Lamson Hewlett Library 2400 Ridge Rd. 649-2541 

Images of Portugal Paintings by Sofia Berto Villas-Boas of her native land. Open after 5 p.m. Voulez-Vous 2930 College Ave. (at Elmwood) 

“Queens of Ethiopia: Intuitive Inspirations,” the exceptional art of Esete-Miriam A. Menkir. Through July 11. Women’s Cancer Resource Center Gallery 3023 Shattuck Ave. 548-9286 ext 307 

“The Decade of Change: 1900 - 1910” chronicles the transformation of the city of Berkeley in this 10 year period. Thursday through Saturday, 1 - 4 p.m. Berkeley History Center, Veterans Memorial Building, 1931 Center St. Wheelchair accessible. 848-0181. Free.  

Readings 

Cody’s Books 1730 Fourth St. All events at 7 p.m. unless noted otherwise. June 16, 4 p.m.: Chris Raschka presents a talk and demontration for children, and paints the store front window; June 18 Sherman Alexie- The Toughest Indian in the world. 559-9500 

Freight & Salvage, June 23, 10 a.m.-noon Diane di Prima, beat poet and author of “recollections of My Life as a Woman”. 

Simone Martel June 16, 2 p.m. Martel will read from her book “The Expectant Gardener: A Wise and Fun Guide to the Adventure of Backyard Growing” Barnes and Noble 2352 Shattuck Ave. 644-0861  

Weekly Poetry Nitro Mondays 6:30 p.m. sign up, 7 - 9 p.m. reading. Performing poets in a dinner atmosphere. Featured poets: June 18: Katie Daley; June 25 Steve ArntsenCafe de la Paz 1600 Shattuck Ave. 843-0662 

Tours 

Lawrence Berkeley National Laboratory Free. University of California, Berkeley. 486-4387 

Berkeley City Club Tours 2315 Durant Ave., Berkeley. The fourth Sunday of every month, Noon - 4 p.m. $2 848-7800  

Golden Gate Live Steamers Grizzly Peak Boulevard and Lomas Cantadas Drive at the south end of Tilden Regional Park Small locomotives, meticulously scaled to size. Trains run Sunday, 9 a.m. to 4 p.m. Rides: Sunday, noon to 3 p.m., weather permitting. 486-0623  

With a year at Berkeley High and a rare North Coast Section playoff berth under his belt, varsity baseball coach Tim Moellering knows what it will take for the ’Jackets to be contenders for an Alameda Contra Costa Athletic League title next year. But it’s not pitching, hitting or fielding that concerns him most. It’s the field his team practices and plays on, San Pablo Park. 

“Our facilities are the biggest problem we face. We’re not able to determine for ourselves on whether the field is playable,” Moellering says of the public park, which is reserved for the ’Jackets from 3:30 to 5:30 p.m. on weekdays during the season. “It limits our practice time and what we can do during practice. It really puts us at a relative disadvantage.” 

Every other team in the ACCAL has at least one on-campus baseball diamond. The Berkeley players have to travel the two miles from their campus to the park for every practice and home game. Berkeley High also has no indoor facility where the team can practice, also a common feature at many local high schools. 

One of Moellering’s main complaints about the park is that while the team is often prohibited from using the field on rainy days, there is no actual monitoring force to make sure no one else uses it. 

“Most frustrating is that they want to close the grass when the field is wet and muddy, which is understandable,” he says. “But on a couple of days like that, some rogue groups, soccer and rugby players, came out and messed up the field.” 

There is a project in the works to put a new field at Derby Avenue and Martin Luther King Jr. Boulevard that would incorporate a baseball diamond. But the use of the land, which is currently the site of Berkeley High’s East Campus, an alternative school, is highly controversial and is under debate in the Berkeley City Council. While some councilmembers support the field project, others want the space used for an expanded farmer’s market. Complicating matters is the fact that for a regulation baseball diamond to fit the space, Derby Avenue would have to be closed down in the area. 

Moellering has spent “a few years” supporting the field project, he says, but has seen little progress. 

“It’s hard to be optimistic, but we’ll try to make the best of it,” he says. “It’s been very politically polarized, like a lot of things in Berkeley. But a lot of people don’t realize that if we don’t get the new field there, we don’t get one at all.”

As the sentencing of Berkeley landlord Lakireddy Bali Reddy approaches, an increasing number of community members are joining the protest against the prosecution’s recommendation to submit Reddy to a minimal punishment of six years in prison and a $2 million fine. 

In the past weeks, Saundra Brown Armstrong, the U.S. District Court Judge who will determine the sentence on Tuesday, has received dozens of letters and at least one petition from members of community groups and individuals asking her to sentence Reddy to a harsher prison term of 38 years. 

“We find this absolutely outrageous that for his crimes, Reddy could get only six years in prison,” said Diane E. H. Russell, a member of Women Against Sexual Slavery and a leader of the organized campaign against Reddy.  

Russell and members of other organizations involved in the campaign consider the recommended sentence an example of the unfair judicial system that favors wealthy and powerful people over the rest.  

Last March, Reddy, 63, struck a deal with his prosecutors and pleaded guilty to smuggling four Indian girls into the country for sex and cheap labor.  

In exchange, the Alameda County District Attorney’s office recommended the minimal sentence and committed not to file state charges against him for any of the crimes involving his victims, including Chanti Pratipatti, the 17-year-old pregnant girl who died of carbon-monoxide poisoning in one of his properties. 

Judge Armstrong will decide whether she accepts the deal on Tuesday. For the activists this represents the last chance for justice. 

“We are in dismay with the plea bargain because it means dropping off all possibility of presenting charges for sexual assault and labor violation,” said Shaily Matani, a member of the Alliance of South Asians Taking Action. 

The minimal fine Reddy would have to pay his victims if the plea bargaining is maintained is another reason why ASATA wrote to the judge. “We are calling for stronger restitution to be made to the survivors,” Matani said. “The current $2 million is inadequate considering Reddy’s $60 million holdings.” 

The letters that the judge received also includes numerous notes from independent citizens willing to defend what they see as ethical values. 

“It is important that we express our opinion and put our foot down that we are not going to accept exploitation anywhere,” said Kathy Berger, a Berkeley resident and the author of one of the letters. “There should be harsh penalties for people who imprison other people.” 

Meanwhile, Reddy’s attorney, Ted Cassman, found new ways to defend his client. Tuesday, he filed a pre-sentence memorandum arguing that intimate relationships with young girls are culturally accepted in India. 

“We ask the court...to consider that ...the norms of (Reddy’s) society were amenable to conduct which is clearly offensive in the U.S.,” the attorney wrote, adding that Reddy had himself been married to a 13-year-old girl when he was 17. 

Cassman did not return calls for comment on Friday. 

But Indo-American groups immediately reacted saying that Reddy’s practices were not part of their culture. 

The organizations active in the case will attend the hearing next Tuesday and protest at 9 a.m. in front of the Federal Courthouse 1301 Clay St. 

Cal’s Spieker Aquatic Center will host a world-class event today, as the current Olympic champion Australian women’s national water polo team will face the team it beat for the gold medal in 2000, the U.S. national team. The match, which starts at 12:30 p.m., is the final game of a four-city northern California tour for the teams. 

But while the teams do have some of the same players that faced off in Sydney, Australia, in the Olympics, the U.S. has undergone some changing of the guard. Since the Sydney games, Maureen O’Toole, a pioneer for women’s water polo for the past twenty plus years, has officially retired from the U.S. team, leaving a new generation of athletes to carry the torch. Team USA will depend on Coralie Simmons, Brenda Villa, Erika Lorenz and Robin Beauregard, who combined for 30 Olympic goals, to lead the potent American offense, while on the defensive end the team will be anchored by the strong goal keeping of Bernice Orwig and Nicole Payne. 

“The week of competition against Australia will prepare our team for the World Championships,” said U.S. coach Guy Baker. “The games against Australia will be very competitive, especially since the Australians seem to have a number of new players listed on their roster.”  

As stated by Baker, team Australia has a very different look this summer. Nearly half of the gold medal team has retired or is taking the 2001 year off, but coach Istvan Gyorgeny has no intention of making 2001 a rebuilding year. Instead, he will reload with a group of Junior National Players that won the FINA World Championship in 1999 in addition to Olympic hero Yvette Higgins and starting Olympic goalkeeper Liz Weekes. 

Tickets to the match are $10 at the gate. There will be an exhibition match beforehand by youth teams made up of players from the Bay Area.

The Economic Development Alliance for Business held a special meeting of its executive committee Thursday afternoon to assess the need for low and moderate income housing in the Bay Area. 

EDAB is one of the largest public/private economic development business organizations in the Bay Area. It has assembled a Jobs/Housing Task Force to look into the “jobs-housing mismatch” that the housing shortage has created. The executive committee met to discuss the Task Force’s findings.  

These findings are partly based on an Association of Bay Area Government housing need analysis, which says that about 47,000 units of new housing will have to be built in Alameda County by 2006. 

The ABAG projections are based on the 1990 Bay Area census data. They do not yet include the 2000 data, much of which has not yet become available. 

John Dalrymple of Contra Costa’s Central Labor Council suggested that there may be need for a more accurate assessment of the Bay Area’s housing need. 

“I think one of the challenges we have is the assessment of need, because the economy is different from the economy of 11 or 12 years ago,” Dalrymple said.  

Alameda County Supervisor Keith Carson, who also chairs EDAB, said this is a legitimate concern.  

“While the (2000) Census data was not available until April of this year,” Carson said, “I’m sure we’re going to go back and look at those types of indicators.”  

Mayor Shirley Dean addressed the group and emphasized the need for low-income and affordable housing placement to be uniform.  

“We ought to make sure that it’s inclusionary within the community,” Dean said, “and that we’re not creating little pockets – or big pockets – of low-income housing or affordable housing here and there.” 

Dean also urged that EDAB “recognize the disparities in density that already exist.”  

“Berkeley, for example, is, I believe, the densest community in Alameda County. It is harder for us to add more density when we see communities that have building lots,” Dean said.  

“We really want to get the point across that communities have got to share density. It does us no good to build 10-story buildings in the City of Berkeley, while (people) have to commute to Walnut Creek to their jobs.” 

Norma Rees of California State University, Hayward, was concerned not only with a need for balanced density across communities, but also with a need for a balanced distribution of low-income and affordable housing across communities.  

“Some communities have a lot more (affordable housing) than others, and I don’t know how that’s reflected in the (EDAB) recommendation.” 

Amy Hodgett, Alameda County housing and community development manager, confirmed Rees’s suspicion: The recommendation doesn’t reflect the disparity. 

“The report is based on the goal of all of the communities in two counties meeting the ABAG numbers. We use that as a place to start. But it does not address the fact that one community has more affordable housing today than others,” Hodgett said. “That’s the goal.”  

Pleasanton Mayor Thomas Pico spoke out against the penalties that may be enforced by the state if cities do not meet ABAG’s housing goals. 

“As a representative of the Mayor’s Conference, I would like to strongly urge you to eliminate the recommendation on support for disincentives,” Pico said. “I would say that there is a strong, strong negative reaction to this Task Force report if it includes disincentives.” 

Dean said she understood this objection, but suggested that these disincentives may be necessary if undesirable. 

“The ABAG goals are not easy, but unless we have goals and unless we have some penalties, I don’t think we’re ever going to do this,” Dean said.  

Another major theme of the afternoon was a discussion of the different kinds of people who need low-income and affordable housing, and misconceptions others have about them. 

“I would also like to remind people that teachers qualify for affordable housing.,” Dean said. “There’s a lot of respectable occupations and hard-working people, the backbone of each of our communities, who need this housing.”  

Dean suggested that people who do not learn this fact might be surprised by what happens in the Bay Area. 

“We’re talking about good citizens, and they will not be able to (stay here). Our kids won’t be able to (stay here) unless we really step up to the plate on this.”  

Sean Heron, a task force member representing the East Bay Housing Organization, outlined the income categories that the task force’s finance work group uses to classify families. The “very low” income category, Heron said, is a family of four that earns $36,000 per year. The “low” income category is a family of four that earns $54,000 per year. 

“As you can see,” Heron said, “many of the people that we know and work with fall into those categories.” 

Lynette Lee, an affordable housing developer who spoke on behalf of the task force’s education and communications work group, emphasized the need to educate the public about what “low-income” and “affordable” mean.  

“Today affordable housing in the Bay Area means that someone like a teacher or a policeman or a social worker being able to buy a house for $200,000,” Lee said. “In the mid-west you could buy a mansion (for that amount of money), but here that’s an ‘affordable’ house.”  

Oakland City Councilmember Richard Spees argued that these kinds of stigmas could be very destructive if they persist. 

“The language itself is unfortunate because the last thing we want to do in this region is to ghettoize (the idea of) low- and moderate-income housing. These projects are very, very doable,” Spees said.  

“We’re doing it in Oakland, and I know many of the rest of you are. And that’s the goal,” Spees said. “I really think we have to think about how we phrase it, how we think about it, and we’ve got to turn this around.”  

EDAB will incorporate the comments made at Thursday’s meeting into the recommendation report, which will then be disseminated among EDAB members some time next month. 

“Our challenge now is to go back to not only our membership but all of the organizations that were involved in the task force,” Carson said, “so that we’ll have a document that we can hopefully agree upon and support, which increases low-cost and affordable housing in the East Bay.” 

Dean was hopeful: 

“I think the report that the task force has come up with is pretty much on target, maybe it will just have to be tweaked a little bit here and there, but I really applaud what the task force has done here. And I think this is doable in all of the cities. We’ll get together on this eventually; not just a few of us, but all of us.” 

Tailback was unhappy with third-string status 

Cal tailback Saleem Muhammad has decided to transfer to Portland State for his senior year, the school announced Thursday. 

Muhammad finished spring practice as the third tailback on the depth chart, behind starter Joe Igber and backup Joe Echema. New Cal offensive coordinator Al Borges has indicated that Igber will be given most of the carries as long as Igber stays healthy. 

Muhammad ran for 264 yards on 61 carries last season with two touchdowns. 

“He came into my office the last week in May and said he wanted his release,” Cal coach Tom Holmoe said. “He feels he won’t get an opportunity to play here and that it would be in his best interest to play somewhere else. He told me he wanted to examine his options.” 

Holmoe said that while he regretted Muhammad’s decision, he understood it. Muhammad wasn’t likely to recieve many carries as the third option at the position. Igber showed last season that he can be an every-down back, despite his small frame. Add the presence of Echema and utility man Marcus Fields, who was a tailback before switching to fullback, and Muhammed was the odd man out. 

“Echema was No. 2 anyway,” Holmoe said. “In the past, before Joe Igber came into prominence last season, the feeling was we could take advantage of the strengths of all three of our tailbacks. But last year, Joe proved he could be an every-down player. He has put on strength and muscle, and Al wants to give him the ball and let him go. I am convinced that is the way I want to go. Echema and Muhammad were going to be role players, and that’s hard. But they were also one play away from moving up the ladder.” 

Muhammad signed with Cal in 1997 but didn’t enroll until the following spring semester to complete an academic admission requirement. He was a SuperPrep All Far West Selection in 1997. At De La Salle High School, he rushed for 1,472 yards and 29 touchdowns his senior year. He chose Cal over USC and Washington.

City workers may soon be riding buses free or for a minimal fare. 

Last week, the City Council authorized the city manager to negotiate with AC Transit to set up the program, known as the Eco Pass. 

It could be in place as early as July, one AC Transit official said. The program, based on similar transit projects in Santa Clara County and Boulder, Colo., is expected to cost between $97,000 and $130,000. 

There are currently some 1,600 full-time city employees eligible for the pass. The way it is expected to work is that the city will pay AC Transit a flat rate for all city employees whether they ride the bus or not.  

Councilmembers were able to combine two competing transportation  

recommendations Tuesday before voting unanimously to initiate negotiations with AC Transit.  

One recommendation, by councilmembers Kriss Worthington and Linda Maio, called for immediate negotiations with AC Transit to establish the pass.  

“We’ve been working on this for two-and-half years. The city and AC Transit should be sitting down and working on a program as soon as possible,” Worthington said. “If they do, they can have a program that will hit the ground running this summer.” 

Worthington said the pilot program could serve as a model for other transportation programs that could include Berkeley Unified School District employees and ultimately all residents of Berkeley as well as other people who work in the city. 

The other recommendation from Mayor Shirley Dean and councilmembers Mim Hawley and Polly Armstrong also called for negotiations with AC Transit for a city employee pass, but they had wanted to include BUSD employees and BART. The Dean/Hawley/Armstrong recommendation also requested a report from the city manager on the feasibility of such a program. 

The two sides were able to reach a compromise in which the city manager was authorized to immediately begin negotiations with AC Transit to establish the Eco Pass while studying the feasibility of a broader program.  

“I’m really happy with the result,” Dean said. “We were able to get it done and without a bunch of council stuff.” 

Worthington said he also was glad to get a unanimous vote on the issue, but was concerned about when the city would begin negotiations with AC Transit. 

“This could be hashed out in a few meetings,” he said. “We have a pool of money in the budget and AC Transit is ready to go.” 

The city manager has put aside $300,000 in the proposed budget for alternate transportation and pedestrian safety programs. 

AC Transit Deputy General Manager Kathleen Kelly said the program should be easy to work out. “This is a great idea and we’re anxious to get started,” she said.  

Kelly said there are only a few details to work out such as what city employees will use for a pass and an effective way for AC Transit to track ridership under the program. 

Hawley said she also is pleased with the compromise and is eager to begin a marketing program that will promote the bus as an effective mode of transportation. “Some people haven’t been on a bus for a very long time and they need to be educated about where the busses go and how often,” she said. “We need to make riding the bus as easy as possible.” 

Last 19th century house on Durant 

The Ellen Blood House is the only single family home, and the only 19th century building, remaining on the 2500 block of Durant Avenue. At the turn-of-the--century the street was lined with the homes of Berkeley’s prominent families.  

The Blood House was built in 1891 in the Queen Anne style for Ellen Blood who was a widow of some means. A noted architect of the day, R. Gray Frise, designed the home. Its changes over the last 110 years reflect the changing neighborhood.  

In 1907 Perry T. Tompkins who would become a major figure in the Mason McDuffie Company, purchased the house.  

The Mason McDuffie real estate firm was responsible for developing the Claremont, Northbrae, and San Pablo Park subdivisions in Berkeley, and St. Francis Wood in San Francisco. Tompkins worked for the company from 1906 until 1955. It is interesting to note that Duncan McDuffie, the principal partner in the firm of Mason-McDuffie, lived on a 10-acre estate above Claremont, while Tompkins lived in the Durant Avenue-area established neighborhood where many of the traditional homes were set on double lots with extensive gardens.  

The Blood House was distinguished by its own adjoining rose garden, now a parking lot.  

By 1956 Miss Ruth Alice Greer owned the house. She lived in it until her death in 1987. Miss Greer also owned the landmarked McCreary/Greer House at 2318 Durant Ave. that she donated to the Berkeley Architectural Heritage Association. 

The connection of the Blood House to UC Berkeley is typical of this early neighborhood: George Blood (Ellen Blood’s son) graduated from the University in 1892, the same year that Perry Tompkins graduated. Miss Greer graduated in 1922 and continued to work as a placement advisor for the School of Education until the 1960s.  

Although the original wood-sided exterior of the Blood House has been stuccoed and some windows have been changed, its Victorian profile is plainly evident.  

It is a designated City of Berkeley landmark recognized as a Structure of Merit for its contribution to the history of the Southside neighborhood.  

Susan Cerny writes Berkeley Observed in conjunction with the Berkeley Architectural Heritage Association 

Three Berkeley High students hanging out in Civic Center Park during their lunch break Wednesday were robbed of cell phones, pagers, wallets and money by two of their classmates, police said. 

It’s the kind of thing that “happens all the time (at Berkeley High) and seldom gets reported,” said Berkeley Police Lt. Rusell Lopes. 

The three students – two males and a female – were sitting near some playground equipment at the west end of the park when the two suspects allegedly walked up to them and asked for all their possessions. “If you don’t, you’re gonna get your ass beat,” the suspects reportedly told the students. Lopes described the suspect as a 15-year-old and a 16 -year-old, one 5 feet 10 inches and 350 pounds and the other 5 feet 6 inches and 220 pounds. 

The three students handed over all the possessions without argument – except one cell phone. As the suspects walked back onto the Berkeley High campus, one student used the remaining cell phone to call police. A nearby bicycle cop arrived on the scene within minutes and immediately began to search the crowded Berkeley High courtyard for the suspects. Lopes said they “stuck out like a sore thumb” because of their size and were quickly identified and arrested. Both were charged with multiple counts of robbery. 

••• 

An Orinda man sleeping in the back seat of his car after leaving a Berkeley party early Thursday woke to find someone in the front seat of his car, police said. 

The incident occurred on the 2500 block of Benvenue Avenue about 5 a.m. 

The suspect had apparently reached through an open window and let himself in while the man slept, Lopes said. The car’s owner woke up when the suspect leaned over in the back seat and began punching him repeatedly. “This ain’t no joke,” the man reportedly said. “Give me all your money. Give me all you’ve got.” 

When the victim insisted that he had no money, negotiations ensued, Lopes said. The victim offered to drive to a nearby ATM with the suspect and take out money. The suspect agreed. During the drive, the suspect repeatedly threatened to kill the victim if he didn’t hand over the cash as he had promised. But the victim maintained his cool, Lopes said, and eventually negotiated the suspect’s demands from $200 down to $60. 

Police have no suspects in the case.

SACRAMENTO — Californians will get up to 48 hours notice for possible power outages this summer under a plan unveiled Friday at the prodding of Gov. Gray Davis. 

The early warning plan will tell consumers of looming blackout conditions three times before the lights go out, state electricity managers announced. The plan, effective immediately, provides warnings at 48 hours, 24 hours and one hour before blackouts. 

Officials who manage most of the state’s power grid asked Californians not to accuse them of “crying wolf” if the power stays on after their warnings. 

“I can tell you that a three- or four-degree difference in temperature can cause a two- to four-megawatt difference in demand,” said Terry Winter, president and CEO of the California Independent System Operator. 

Winter and others countered criticism that people may grow cynical about the forecasts after a few false alarms. 

“The 48- and 24-hour notices are not only to inform people,” said Winter, “but also to indicate how badly we need your conservation.” 

Dallas Jones, director of the Governor’s Office of Emergency Services, said, “The plan will provide you with additional notice, but if it doesn’t come about it’s because you conserved. It isn’t that we missed the mark or our forecast was incorrect.” Jones pointed to recent near-blackouts where last-minute conservation tipped the scales back toward adequate power. 

In Moreno Valley east of Los Angeles, Art Robinson, owner of Micro One Computer, said, “I like the idea of early warnings. I like the idea of no blackouts even better.” 

Californians have endured six blackout episodes since January with most individual rotations lasting about one hour. The outages confounded traffic across the state, hampered businesses and trapped people in elevators. In most cases during those blackouts, residents had little warning before the power failed. 

Jones, echoing an earlier line by Davis, said, “Two minutes may be good enough for the NFL, but it is not good enough for the people of California.” 

Officials, speaking in a cavernous, windowless room where technicians at computers watch over the power supply, warned that mechanical breakdowns can still cut power to the state on a six- to eight-minute notice. 

On May 24, Davis equated threats of blackouts to the state’s energy-era equivalent of earthquakes, and ordered earlier warnings. ISO officials said Friday the new 48-hour notices will go out when limited supply and high temperatures threaten the power grid. 

The ISO will refine the forecast at 24 hours. If threats continue it will provide a one- 

hour notice. 

Stephanie Donovan, spokeswoman for San Diego Gas and Electricity said utilities will warn then that outages are imminent. Donovan said SDG&E customers are scattered across 120 to 125 blocks which take turns enduring blackouts. 

Customers at all three major California utilities can find their block number on their bills to see where they stand in the rotation. 

“But as we go into the summer, you might go through a lot of blocks at a time,” Donovan said.  

“We’re dealing with a very dynamic situation.”

WASHINGTON — Supplements may have some modest benefits, but athletes can’t swallow their way to success and could make themselves sick, experts say. 

“The few good scientific studies available on these ‘dietary’ supplements suggest that they either are ineffective or, at best, produce only slight changes in performance,” analysts at Consumers Union said. 

Supplement users are, in effect, performing uncontrolled medical experiments on their own bodies, the nonprofit group said. 

The Council for Responsible Nutrition, a trade group for the supplements industry, defended the products as helpful to millions of people, although the council also called for more research into their safety and effectiveness. 

Consumers Union reviewed supplements in the June issue of its magazine, Consumer Reports. A medical journal, The Physician and Sportsmedicine, had a similar review. 

The supplements have a huge market. Industry statistics indicate 1.2 million Americans take them regularly, and 4 percent of adults have taken them at least once, the CU study said. Teen-age boys, in their prime muscle-building years, seem to like them even more. A study by the Blue Cross and Blue Shield Association found 6 percent to 8 percent of 15-to-18-year olds, primarily boys, had used supplements. 

What users gain ranges from scant benefit through no benefit to health risk, the Consumer Reports article said. 

Ephedra “may be the most hazardous of the major sports supplements,” creating sudden high blood pressure or a racing heartbeat, the report said. Ephedra has been linked to strokes, seizures and deaths. 

Ephedra users can expect little government protection against the product’s dangers, CU said. The Food and Drug Administration’s ability to restrict use of supplements in general was sharply limited by the 1994 supplements regulation law, and even labeling of ingredients can be vague and misleading, it said. 

Ephedra has valuable uses, the Council for Responsible Nutrition countered. Ephedra can provide an energy boost to help athletes keep working out, it said. 

Voluntary labeling can note any cardiovascular risks, the council said. As for an FDA role, the council said the agency has all the power it should have, and simply needs to make any judgments on “sound and unbiased scientific analysis,” it said. 

Creatine is one of the most popular muscle-building aids. This amino acid helps muscles resupply themselves with the energy they use in powerful bursts of activity, such as weight training. 

Some studies have shown that athletes who use creatine can improve their performance, but the benefits are only for explosive activities such as high jumping, not for endurance activities such as running, the CU report said. 

However, creatine has its drawbacks. Some of the bulking-up may be water retention, not muscle gain, the article said. And the consumer group and the industry group agreed that people with existing kidney problems should not use the product. 

Androstenedione is said to increase levels of the muscle-building male hormone testosterone. Andro got big media attention when it came out that home run record holder Mark McGwire had used it during his 70-homer season in 1998. 

The trade group said that Andro’s effect on the body seem to be limited by the body’s “feedback mechanisms which help protect against excess.” And as for health risks, “a comprehensive safety assessment would be helpful.” 

However, McGwire subsequently said he has given up andro. And research has found no evidence andro works, said a review in The Physician and Sportsmedicine. Even though andro may make testosterone levels rise, there is no evidence that the increase lets athletes build more muscle, the article said. 

Andro use comes with health risks — among them, higher cholesterol levels, the article said. And use may make athletes test positive for andro’s chemical cousins, steroids, which are illegal for use in many sports. 

Andro and other drugs are doomed to disappoint users, said the review article’s author, Conrad P. Earnest of the Cooper Institute in Dallas. 

“Unfortunately, the marketing of such products largely depends on emotional appeal and is often loosely based on scientific evidence,” Earnest said. “Sadly, the climate generated from such tactics is one of dashed hopes and seldom-realized dreams.” 

Dear Tom and Ray: 

My dad owns an old 1969 Ford Mustang and regularly stuffs mothballs in the tank to increase octane or whatever. I drive the car every day, and I notice a sweet-smelling but strong odor enveloping the interior whenever the car is on. It's strong enough to linger on my clothes. Could I be exposed to dangerous levels of naphthalene? – Bart 

TOM: Well, look on the bright side, Bart – I'll bet none of your driving sweaters have holes in them. 

RAY: Actually, the first thing you should do is check for an exhaust leak. If exhaust IS coming into the passenger compartment, that would be very dangerous. But this doesn't sound like exhaust, because exhaust odor is rarely described as "sweet." 

TOM: The next thing to consider is an antifreeze leak, which does smell "sweet." Antifreeze could be leaking from the heater core under the dashboard. And that's not very good for you, either. 

RAY: You could have a mechanic pressure-test the cooling system to check for a heater-core leak.  

And if that's the problem, the heater core can simply be taken out of the circuit or replaced. 

TOM: As for the mothballs, you can tell your father that all we can say in their favor is that we've never seen a moth chew a hole in a gas tank. 

RAY: Some years ago, we asked the illustrious Dr. Jim Davis, Ph.D., director of the chemistry labs here at Car Talk Plaza, about mothballs as a fuel additive.  

And after wasting most of a National Institutes of Health grant thinking about it, he concluded that they do nothing to improve performance. 

TOM: Last time we checked, there were several different types of mothballs on the market. Both WILL burn, so you will get some power out of them. But since mothballs are more expensive than gasoline, this is not a very economical way to get to work. 

RAY: If there were some magical performance-enhancing mothball, Jim says, don't you think Exxon and Mobil would be selling it to us as an expensive gasoline additive, i.e. "Mobil Super ... Now with Mothballs!"? 

TOM: The kind of mothball you mention, Bart, is made of naphthalene, which is a hydrocarbon, like gasoline. For those chemical engineers reading today, it's C10H8, and it looks like two benzene rings fused together.  

Jim says that benzene makes a very smoky fire when burned, so his guess is that naphthalene would make a lousy gasoline.  

On the other hand, he says, since it's just carbon and hydrogen (like gasoline), naphthalene probably wouldn't do any harm to the engine, either. 

RAY: Another type of mothball that COULD potentially hurt things is made of dichlorobenzene.  

That won't improve your car's performance, either, but since it throws chlorine into the mix, it can produce HCl as a byproduct when burned. 

TOM: For those of you who don't remember your high-school chemistry, HCl is hydrochloric acid, the stuff that burns through almost anything it touches. And pumping HCl through your engine and exhaust system is probably not very good for its longevity. 

RAY: Not to mention what it does to the people who happen to be breathing that exhaust. 

TOM: So, tell your Dad to ixnay the mothballs,  

Bart. And have your mechanic rule out an exhaust leak. But then definitely have him check for a coolant leak, because I think that's your problem.  

••• 

Got a question about cars? Write to Click and Clack in care of this newspaper, or e-mail them by visiting the Car Talk section of cars.com on the World Wide Web.

SAN JOSE — Mike Schlenz, who recently installed computer networks for a living, had been sleeping in his Honda Civic for three months before he went to a homeless shelter. 

John Sacrosante, who earned more than $100,000 a year as a free-lance database engineer, spent his 39th birthday last week with the “brothers” he met at the church shelter where he has been living. 

Both are casualties of the dot-com bust in Silicon Valley, where a surprising number of former high-tech workers are rubbing elbows with society’s castaways – the mentally ill, drug addicts and other hard-luck cases – in homeless shelters. 

“We’re all equal here,” Sacrosante said. “When you’re used to making six figures and working in a dynamic and exciting environment and all of a sudden it goes away, you do have a nice little world of depression going on.” 

Nearly 30 unemployed tech workers are among the 100 men at the Montgomery Street Inn and other shelters in San Jose run by InnVision, said Robbie Reinhart, director of the nonprofit organization. 

“They’re not what we used to call hobos on the street. Most have college degrees,” she said. 

Dot-com failures sent San Francisco’s unemployment rate up to 4.2 percent in May from a rock-bottom 2.6 percent a year ago – with 18,000 people added, according to a state report. 

In Santa Clara County, the heart of Silicon Valley, layoffs in electronic equipment manufacturing and business services rose for the fifth straight month, contributing to a 3.2 percent unemployment rate in May. 

Reinhart said most of the tech workers she sees have had their contracts canceled or been laid off from start-ups and other smaller technology companies. Other shelter residents still have jobs but don’t make enough to afford the high price of living alone in the valley, she said. 

Top consultants and contractors once named their salaries in the valley. Now, even those who qualify for unemployment benefits soon discover the $40 to $230 weekly check will not cover an apartment here, where rent averages around $1,800 a month. 

Suicide and crisis hot line operators in San Francisco and Santa Clara counties report that job-related calls nearly doubled from October to April. Many callers complained of lost jobs or feared they would soon be out of work. 

“There have always been layoffs and economic downturns, but what makes this unusual is that people in the valley have become appendages of their jobs and their workplace. They’ve worked up to 110 hours per week and slept on the conference room floor,” said Ilene Philipson, a clinical psychologist at the Center for Working Families at the University of California at Berkeley. “People have given up all sorts of things to give to their job, and when there’s a layoff there’s no other support for them.”  

Schlenz, 35, a Bay Area native with a degree in environmental chemistry, made as much as $60,000 a year as a free-lance contractor, installing Unix networks, configuring routers and working in desktop support for small companies. Then his jobs disappeared. 

“I’d been to all the job fairs. I’d followed up on all the resumes,” he said. “Some of the larger companies approached me several times, but then kept leading me on for months. Departments were downsized and outsourced. Recruiters just stopped returning messages.” 

Schlenz still has some stock, but the value has dropped. 

“I cashed in half my stocks to eat. I couldn’t even afford gas anymore,” he said. He gave up his apartment after running out of cash, and “car-camped” behind a bookstore. He showered at a gym where his membership was good through May. 

Someone told him he could get a meal at the Montgomery Street Inn, where he now stays. He volunteers in the shelter’s computer lab, teaching residents how to use computers. 

The Inn has the same policy for all its residents – stay free for a month, then pay $45 a week, whether they have a job or not. 

Sacrosante was laid off shortly after moving from San Jose to Phoenix to work on what was supposed to be a six-month project. He came back to San Jose three weeks ago with the promise of being hired by one of two Santa Clara-based technical training companies. The offers fell through. 

There’s an only-in-Silicon Valley twist to his story: Sacrosante and three other former high-tech workers who met at the shelter are launching a start-up business that will resell wearable mobile computing systems. 

Sacrosante said he will use some of the funding he secured for the venture to rent a house. 

Schlenz is still waiting for his lucky break. 

He said he has applied for an entry-level position, something for which he is overqualified, at Oracle Corp. He hasn’t told his mother in Arkansas about his situation. 

“She’d worry,” he said. But he said he now has more of what it takes to make it when a top company hires him: “After this experience, I feel I have more determination than other people.” 

On the Net: 

http://www.Intellikon.com 

http://www.Xybernaut.com 

http://www.innvision.org 

http://www.bascia.org 

LOS ANGELES — California has leapfrogged past France, becoming the world’s fifth-largest economy. 

Last year, California was only surpassed in economic muscle by the United States as a whole, Japan, Germany and the United Kingdom, according to figures released Wednesday by the Los Angeles Economic Development Corp. 

While many have worried about the economic impact of the state’s energy crisis, the group’s chief economist Jack Kyser said the annual economic survey is a good barometer of California’s strength. 

“It makes a very solid statement, and it’s an interesting statement to make at the present time because you have a lot of people who are pessimistic about what’s going on in California because of the energy crisis,” Kyser said. 

Last year, California had a gross domestic product of $1.330 trillion while France had a gross domestic product of $1.281 trillion. 

The change has as much to do with the European Union’s weak currency as the state’s financial clout. 

The Los Angeles business research group converted the economic output of foreign countries into U.S. dollars. Since the dollar is much stronger than the Euro, the conversion translated into a lower gross domestic product for France. 

“We had kind of a one-two punch working in our favor – tremendous economic growth in California and a weak currency in Europe,” Kyser said. 

California’s No. 5 ranking may be short-lived if the Euro recovers this year, the group says. Its economy is slowing already because a downturn in the technology industry is rippling into other key sectors, such as real estate. 

“We were still growing during the first five months of this year, but my guess is that before this is all over we will slip below the U.S. growth rate,” said Gary Schlossberg, a senior economist for Wells Fargo Capital Management.

WASHINGTON — Manufacturing activity plummeted in May, the eighth straight monthly decline, stifling hopes that the battered industrial sector’s darkest days may have passed. 

With fresh data also released Friday showing consumer inflation – outside of soaring energy costs – pretty much under control, the Federal Reserve has leeway to cut interest rates again later this month in an effort to prevent industrial weakness from dragging down the rest of the economy, analysts said. 

Industrial output at the nation’s factories, mines and utilities fell by 0.8 percent in May, the Federal Reserve reported. The drop was double what analysts were predicting and came on top of a sharp, 0.6 percent decline in April. 

Operating capacity declined to 77.4 percent in May, the lowest level since August 1983, as companies throttled back production in the face of sagging demand. Operating capacity in the high-tech sector fell to its lowest point in 25 years. 

“It’s a blood bath,” said Mark Zandi, chief economist at Economy.com. “The problems are intensifying. Manufacturing is in the middle of a full-blown recession and threatens to take the rest of the economy down with it.” 

On Wall Street, the manufacturing report and earnings warnings from Nortel Networks, JDS Uniphase and McDonald’s pushed stocks lower. The Dow Jones industrial average closed down 66.49 at 10,623.64. 

The national economy has slowed markedly beginning in the second half of last year. But manufacturing has been the hardest hit and is in a recession, forcing the loss of a half-million jobs this year alone. 

“The decline in industrial production shows that manufacturing is dead in the water,” said National Association of Manufacturers President Jerry Jasinowski. 

The Fed’s report revived fears that the industrial sector’s malaise might deepen even more and spill over to other parts of the economy, throwing it into recession. 

“We have not seen the bottom of the manufacturing downturn,” predicted Lynn Reaser, chief economist at Banc of America Capital Management. “The Fed must be concerned about the possibility that the negative momentum could build and spread.” 

To stave off recession, the Fed has slashed interest rates five times this year, driving borrowing costs down to their lowest point in seven years. Analysts anticipate Fed Chairman Alan Greenspan and his colleagues will lower rates for a sixth time when they meet June 26-27. 

While many are predicting a quarter-point cut, economists said the weak industrial production report greatly raised the odds of another half-point reduction. 

The Fed has room to make another bold move, economists said, given their view that the government’s latest inflation report was benign. 

The Labor Department’s Consumer Price Index, a closely watched inflation gauge, rose by a seasonally adjusted 0.4 percent in May, up from a 0.3 percent increase in April, but on target with expectations. 

Most of the rise came from a big jump in gasoline and electricity prices. 

The “core” rate of inflation, which excludes volatile energy and food prices, inched up a smaller-than-expected 0.1 percent in May, compared with a 0.2 percent rise the month before, suggesting that most other prices were tame. It marked the best showing in five months. 

“We can’t discount the pain at the gas pump but energy prices don’t represent a signal of inflation problems ahead,” said Bill Cheney, chief economist at John Hancock. 

While economists are keeping their eye on inflation creep, many project that higher prices for energy are more likely to take a bite out of companies’ profits than be passed along to consumers in the form of higher prices – a difficult undertaking when the economy is weak. 

During the first five months of this year, consumer prices rose at an annual rate of 4 percent, compared with 3.4 percent for all of 2000. The pickup largely reflects soaring energy costs, which have increased at a rate of 16.3 percent this year. 

In May, all energy prices shot up by 3.1 percent, following a 1.8 percent increase. 

Gasoline prices led the way, increasing 6 percent in May, the biggest leap in eight months. Electricity costs jumped 1.3 percent and fuel oil costs rose 0.5 percent. 

Gasoline prices during a seven-week period ending in mid-May soared by a whopping 31-cent-a-gallon average nationwide, according to the Energy Information Administration. During the past month, prices declined by 7 cents on average nationwide, but could rebound if there are supply or refinery problems. 

Food prices increased 0.3 percent in May, up from a 0.1 percent gain, while clothing and car prices fell 0.9 percent and 0.1 percent, respectively. 

On Thursday, NAM’s Jasinowski thought his industry might have seen the worst. But after the Fed’s report Friday, he said he expected “industrial production to hit bottom this summer.” 

——— 

On the Net: 

Industrial production: http://www.federalreserve.gov/releases/G17/Current/ 

Consumer Price Index: http://www.bls.gov/ 

UNITED NATIONS — Unaccustomed to talking frankly about homosexuality and prostitution, diplomats from over 100 countries have found themselves immersed in roiling negotiations over what to do about the AIDS pandemic. 

Many Muslim countries that view homosexuality as a sin punishable by death do not want “men who have sex with men” listed in a U.N. AIDS document as a vulnerable group in need of protection. 

“Does is it have to be so explicit?” asked Egyptian diplomat Amr Rashdy. “This is shocking for my society.” 

The closed-door meetings – described by seasoned diplomats as intensely angry, frustrating and emotional – will produce an international document for the June 25-27 U.N. summit on HIV/AIDS and set standards that every country, regardless of cultural and religious traditions, will be expected to follow. 

Many say they won’t be able to reach the required consensus if certain language remains in the 19-page draft, obtained by The Associated Press. Others claim a watered-down version won’t be effective in fighting the disease that has killed more than 22 million people and ravaged communities worldwide. 

Egypt’s Rashdy said he is willing to discuss any other language. He has proposed wording that calls homosexuality “irresponsible sexual behavior” that leads to the spread of AIDS. 

Western diplomats and health experts argue that Rashdy and others, including the Vatican, are ignoring the realities of the disease. 

During one heated exchange, Norway did the diplomatically unthinkable when it verbally threatened to rethink foreign aid for Egypt if it continued to oppose the original phrasing. 

“We want this document to be a precise image of the situation on AIDS, how to attack it, how to prevent it and who to focus on. So why strive for precision on a variety of targets and goals but be vague about who those targets and goals should apply to?” asked Chilean deputy ambassador Christian Maquieira. 

The United States wants to substitute a long list of groups targeted for protection with the phrase “vulnerable individuals,” including those who engage in “risky sexual behavior.” The proposed language would eliminate what the United States calls political problems and conflicts with the U.S. Constitution, which recognizes the rights of individuals rather than groups. 

The U.S. suggestion does not name any specific group and is so far unacceptable to European and Latin American allies and most American AIDS advocates. 

“We know that prevention programs work best when they are targeted specifically to the needs of the individual communities. These are the people that we need to reach and if governments cannot utter their names, what chances do we have of stopping the epidemic?,” asked Gregg Gonsalves, of the New York-based Gay Men’s Health Crisis Center, one of dozens of AIDS advocacy groups that will participate at the U.N. Special Session. 

The United States also wants language tweaked dealing with legal entitlements to health care and intellectual property rights. 

Six days of preparatory meetings in May failed to reach consensus on the draft document. Since then, negotiators have been meeting for 10-12 hours, almost daily, to complete a final version acceptable to all 189 U.N. member countries. 

The document also proposes tough targets for governments, including the development of national strategies and financing plans to combat AIDS and a 50 percent reduction in the number of infants infected with HIV by 2010. 

By 2003, countries should develop national programs to increase the availability of drugs to treat HIV by addressing issues such as pricing, and should make progress in implementing comprehensive health care programs by 2005, the draft says. 

For some, the debate is deeply personal. Several diplomats and experts taking part in the talks privately acknowledged they have a relative with HIV or AIDS.  

Twenty years after AIDS was first identified, diplomats have yet to find the vocabulary to deal with the killer disease that some 36 million people were living with at the end of 2000. 

Iranian Ambassador Bagher Asadi complained Friday the negotiations should “not be considered as an opportunity by certain quarters in the Western world to push the envelope on areas where there is cultural sensitivity, ideological sensitivity, ethical sensitivity.” 

Others noted that the discussions have at least forced an insular group of decision-makers to come to terms with the language of AIDS . 

“A year ago, it was hard for countries to say ‘gay,’ or ‘sex,’ in U.N. meetings,” Southwick noted. 

On the Net: 

http://www.un.org/ga/aids 

WARSAW, Poland — In the heart of the old Soviet bloc, President Bush chastised Russia on Friday for suspected nuclear commerce and encouraged the former Cold War rival to help “erase the false lines that have divided Europe.” 

A day before his first meeting with Vladimir Putin, Bush urged the Russian president to forge new ties with the West and become “a partner and an ally.” Aides said Bush will seek to open talks between U.S. and Russian military leaders aimed at easing Moscow’s opposition to an American anti-missile shield. 

“The Europe we are building must also be open to Russia,” Bush said at Warsaw University in the signature speech of his first overseas trip. 

“We have a stake in Russia’s success – and we look for the day when Russia is fully reformed, fully democratic, and closely bound to the rest of Europe.” 

In Moscow, Putin said he heads to Slovenia for Saturday’s summit “in a good mood” and eager for a face-to-face talk on missile defense. 

“I would like to hear from the U.S. president in person his point of view ... and, for him, it would probably be interesting to hear from the Russian head of state Russia’s position on this problem,” Putin said, according to the news agency Interfax. 

Bush’s daylong state visit to this former Warsaw Pact city, where Soviet troops once stood as a menace to the West, provided breathing room between the two chapters of his five-day trip. After haggling with NATO and European Union allies over global warming, trade and missile defense, Bush looked toward even tougher discussions with Putin. 

“Europe’s great institutions – NATO and the European Union – can and should build partnerships with Russia and with all its countries that have emerged from the wreckage of the former Soviet Union,” Bush said. 

Even as he reached out, differences with Moscow reared up. 

“I am concerned about some reports of proliferation of weapons throughout Russia’s southern border ... and I’ll bring that subject up” at the summit, Bush said at joint news conference with Polish President Aleksander Kwasniewski. 

The United States suspects Russia of shipping high-grade aluminum – used in the production of bomb-grade uranium – to Iran, which National Security Adviser Condoleezza Rice called “an impediment to full cooperation” with the United States. 

Rice also said there were “troubling signs” that Russia, while making progress, is struggling with democratic principles such as a free press. 

The criticism illustrated the pitfalls ahead as Bush tries to reach across the former Iron Curtain to a wary ex-rival. 

In his address at the university library, a city landmark whose facade of giant copper plates includes fragments of scholarly writings, Bush sought to incorporate Russia into his vision of a Europe at peace “whole and free.” 

Outside, some 200 demonstrators held banners, one of which read: “Bush to outer space; Missiles to dust bin.” 

Bush borrowed language from his father, the former president, who visited Poland in 1989 as Eastern Europe shed the yoke of communism. 

“Today, I have come to the center of Europe to speak of the future of Europe,” Bush said in a speech that cited historic figures from former British Prime Minister Winston Churchill to Pope John Paul II, a Pole. “It is time to put talk of East and West behind us.” 

“Our goal is to erase the false lines that have divided Europe for too long,” Bush said. 

He hopes to start at Saturday’s summit. Although Bush does not carry with him any specific proposals, advisers said the summit could produce first steps toward a new framework for U.S.-Russian relations. 

A senior U.S. official, speaking on condition of anonymity, said the president hopes for agreement to begin consultations among U.S. Cabinet secretaries and Russian ministers on what Bush calls “a new security framework.” 

Under Bush’s plan, defense officials for both countries would begin talks on a number of issues, including a proposed missile shield. 

As Bush reminded Russia of the economic benefits that come with democratic reforms, aides said the summit also may yield talks between U.S. and Russian economic ministers. 

Bush hopes the summit will lead to the kind of military-to-military contacts that are routine between the U.S. and allies, the official said. Such contacts could produce deals on arms purchases, military aid and joint anti-missile exercises with Russia, easing Moscow opposition to his missile defense plans. 

The Americans want to build a system capable of shooting down ballistic missiles fired from unpredictable nations such as North Korea, Iraq and Iran. Bush needs Russia’s acquiescence to his anti-missile system if he is to sell his own allies on the deal. 

“Only together can we confront the emerging threats of a changing world,” he said. 

Bush would be willing to offer to buy Russian-made S-300 surface-to-air missiles that America could use to defend Russia and Europe, the official said, but he wants defense ministers in both countries to consult on whether another missile system or approach would be better. 

Putin and Bush meet again next month in Italy at a summit of industrialized powers, but the administration does not plan to have the new framework ready by then. 

“We want Russia to be a partner and an ally, a partner in peace, a partner in democracy,” Bush said. 

GENEVA — A fist-sized meteorite, one of only 18 rocks on Earth known to have come from Mars, has been found by Swiss scientists in the Oman desert – a prize discovery that could help determine if the planet ever sustained life. 

Scientists at the University of Bern announced the find Friday and said they are just beginning to examine the meteorite. Most of the other 17 Martian rocks have been snapped up by collectors, they said, so few are fully available for study. 

“I suspected from the beginning that it was from Mars,” said Marc Hauser, a geologist who found the gray, ridged specimen during a collecting excursion in January. “The color was different and, above all, it wasn’t magnetic.” 

Initial conclusions could take several months. 

Unusually large pockets inside the half-pound rock could provide evidence about life that is far more conclusive than American suggestions about possible fossils on an earlier meteorite found in Antarctica, Hauser told The Associated Press. 

The new meteorite was named Sayh al Uhaymir 094 after the region of desert where the team found it and more than 180 other meteorites. The team, in a statement, said they were certain it would contribute to  

rapidly growing knowledge of the planet. 

Interest increased in 1996 after a Martian meteorite found near the South Pole, known as Allen Hills 84001, showed possible remnants of life. But such arguments “are hardly taken as solid evidence today,” the research team said. 

Most earlier meteorites from Mars were found in the Antarctic before scientists turned their attention to deserts in recent years. 

Hauser said X-rays of the new rock had shown a surprising number of hollow pockets inside that might contain gases or atmosphere. That could offer clues about both the meteorite’s history and Mars itself. 

The pockets have “a much greater potential” than the rest of the rock for containing evidence of life on Mars, Hauser said. 

Most of the 180 meteorites found by the team were magnetic and looked distinctive, but the Martian rock looked more like rocks from Earth and was difficult for the team to recognize as a meteorite.  

The other meteorites also contained no minerals. 

Hauser said the team believes the Martian meteorite is part of another one found earlier in the same area. 

That first rock is in unknown private hands, as are most Martian meteorites because collectors are willing to pay $1,000 a gram for such treasures. But the team was able to obtain a small fragment of it for testing, Hauser said, and its makeup is practically identical. 

The team said they and other scientists had determined their meteorite is from Mars by the nature of its minerals, measurements of its oxygen isotopes and its overall composition. They conducted analyses on both the entire rock and tiny fragments of it. 

They said the rock had been formed from molten lava, similar to volcanic rocks on Earth. 

Mars is the most Earth-like of all the solar system’s planets, and evidence suggests both planets developed similarly during their first billion years – the period when life first appeared on Earth. 

The team said recent discoveries about life on Earth in extreme environments – such as in very hot ocean springs or within porous rocks deep inside the planet’s surface, support the theory that early Mars could have had environments suitable for life. 

The rare Martian meteorites could be the only physical evidence available to scientists for at least 10 years, when a U.S. space probe might bring back 1.1 pounds of Martian samples “at very high costs.” 

Rocks from Mars start their journey toward Earth when a meteorite from elsewhere slams into the Martian surface, scattering rocks into space at high speed. They eventually make their way to Earth, sometimes after millions of years. 

On the Net: 

University of Bern: http://www.nmbe.ch/abtew/mars/marse.pdf 

Jet Propulsion Laboratory: http://www.jpl.nasa.gov/snc/ 

European Space Agency: http://sci.esa.int/marsexpress 

School districts throughout the state are getting their clearest picture yet of how well they’re meeting California’s academic standards this spring. 

And, so far at least, Berkeley school administrators like what they see. 

Beginning in 1997, the state board of education adopted standards that dictate in minute detail which skills students should master in reading, writing, math, history-social science and science at each grade level. To see the standards, visit www.cde.ca.gov/board/. 

It wasn’t until 1999, however, that the state first administered standardized tests carefully aligned to the standards in reading, writing and math. And the history-social science and science segments of these so-called “California Standards Tests” were administered for the first time just this year. 

(The California Standards Tests are in addition to the Stanford 9 tests in reading and math. While the SAT9 tests are norm referenced to tell school administrators how their students are doing compared to students in the same grades across the country, the standards tests simply rank students in different “performance levels” based on their number of correct answers.) 

Furthermore, although districts have seen their raw scores on California Standards Tests for the last few years, this is the first year they’ve begun to see what those scores mean. In February, the state board of education designated five different performance levels for the English Language tests based on raw scores: Far Below Basic, Below Basic, Basic, Proficient and Advanced. The board is expected to designate similar performance levels in other subject areas by the end of the year. 

The goal, the board said, is to have 100 percent of California students meeting either the proficient or advanced designations. 

In the area of English Language Arts, the results are in. Only 30 percent of  

California students tested in 2000 scored proficient or advanced on the English test. 

The good news locally, however, is that Berkeley scored above the state average at every single grade level, and by progressively larger margins in the higher grades. Thirty-six percent of Berkeley third graders scored at proficient or advanced levels, compared to 30 percent of third graders statewide. Fifty-four percent of Berkeley 11th graders scored proficient or advanced, compared again to just 30 percent of 11th graders statewide who tested at these levels. 

(Students should learn their individual performance levels on the 2000 English Language Arts standards test by mail around the start of the next school year. The results of the 2000 math test may not be computed and mailed until early next year.) 

For Diane Pico, program manager of Curriculum & Assessment for the Berkeley school district, the results are meaningful. 

“That’s what you want to see,” Pico said. 

“This is the most representative test we have (to tell) how our students are doing...and make sure our teachers are teaching what they’re supposed to teach,” she added. “The results really seem to reflect what our students know.”  

Test results linked directly to the standards put Berkeley school administrators in a better position than ever before to identify exactly where students are struggling and to devise new curriculum and teaching strategies to help them master the difficult material, said Christine Lim, associate superintendent of instruction for the district. 

By breaking down the results by student ethnicity, Lim added, teachers can devise new ways of overcoming one of the most intractable problems in education today: the academic achievement gap. 

“It’s a great opportunity now that we have all the pieces in place,” Lim said. 

There is still one critical piece missing, however. There are standards in each subject and tests that match the standards, but not until next year will California classrooms receive the first shipments of textbooks based precisely on California’s academic content standards. Until now, schools have used texts designed for use by schools all over the country, Pico said. 

And before school districts can use the test results to change how teachers operate at the classroom level, they will have to overcome widespread skepticism among teachers who feel that California’s standardized tests provide a poor measure of student achievement.  

In response to teachers who say “high stakes” tests are damaging Berkeley schools in a number of ways, the Berkeley Federation of Teachers is considering ways to protest the test next year, including possibly enlisting parents to sign waivers to keep their children from being tested.  

Friday, June 15

Free Writing, Cashiering & Computer Literacy Class 

9 a.m. - 1 p.m.  

AJOB Adult School  

1911 Addison St.  

Free classes offered Monday through Friday. Stop by and register or call 548-6700. 

www.ajob.org 

Living Philosophers  

10 a.m. - Noon  

North Berkeley Senior Center  

1901 Hearst Ave. Hear and entertain the ideas of some modern day philosophers: Jacob Needleman, J. Revel, Hilary Putnam, John Searle, Saul Kripke, Richard Rorty and others. Every Friday, except holidays. Facilitated by H.D. Moe.  

Therapy for Trans Partners  

6 - 7:30 p.m.  

Pacific Center for Human Growth  

2712 Telegraph Ave. (at Derby)  

A group open to partners of those in transition or considering transition. Intake process required. Meeting Fridays through August 17.  

$8 - $35 sliding scale per session  

Call 548-8283 x534 or x522 

City Commons Club, Luncheon and Speaker 

11:45 a.m. 

Berkeley City Club 

2315 Durant Ave. 

This week featuring Edward Fox on “Regional Development Plans of The Wilderness Society.” Come early for social hour. Lunch at 11:45 for $11-$12.25. Come at 12:30 to hear the speaker only for $1, students free. Reservations required for three or more. 

848-3533 

Saturday, June 16

Berkeley Farmers’ Market 

10 a.m. - 3 p.m. 

Center Street between Martin Luther King Jr. Way and Milvia Street 

548-3333 

Berkeley Arts  

Festival Music Circus 

1 p.m. - 5 p.m. 

Shattuck Ave. between University Ave. and Channing Way 

The Music Circus will feature dozens of eclectic performances ranging from string quartets to blues and jazz. Free bus fare to and from the event offered by AC Transit. 665-9496. Free. 

Botanical Garden Spring Party 

3 - 6 p.m. 

UC Berkeley Botanical Garden 

200 Centennial Drive 

Celebrating the completion of the new Arid House and the renovation of the Southern African area. Food, wine and jazz. Fund-raiser for the Garden, $25 per person. 

643-2755 

Puppet Shows on Cultural and Medical Differences 

1:30 p.m. and 2:30 p.m. 

Hall of Health 

2230 Shattuck Ave. (lower level) 

Two shows for kids of all ages and their families promote acceptance and understanding of cultural and medical differences. Free. 

549-1564 

Poets’ Corner 

1:30 - 4 p.m. 

Shattuck and Kittredge 

Ten poets will read on the downtown street corner as a kick-off event for the two-week Berkeley Arts Festival. 649-3929 

Energy Crisis 

2 p.m. 

6501 Telegraph Avenue 

Oakland 

“Why They Can’t Keep the Lights On and What We Can Do About It.” Graham Brownstein and other panalists provide information on the corporate rip-off sometimes referred to as the “energy crisis.” 

595-7417 

Immigration Leadership Roundtable Discussion 

11 a.m. 

Ronald V. Dellums Federal Building 

1301 Clay St./ Conference Room H/ 5th Floor North Tower 

Oakland 

The public is invited to join Congresswomen Barbara Lee and Loretta Sanchez in hosting an immigration leadership roundtable discussion with local community leaders. The topic will be our national immigration policy and whether our current laws are adequate or need to be changed. 

763-0370 

Sunday, June 17

Carefree/Carfree Tour 

11 a.m. 

Berkeley Amtrack Station  

Foot of University Ave. 

Berkeley Arts Festival tour of coastlines installation guided by landscape architect Tom Leader. Walk culminates on the Berkeley Marina. 

486-0411 

Carefree/Carfree Tour #2 

1 p.m. 

Berkeley Arts Festival Gallery 

2200 Shattuck Ave. 

Bus and walk to: The Crucible, workshop of arts and the industry; Bay Area Center for the Consolidated Arts; and the Juneteenth Celebration, annual street fair of African-American Roots with music, dance and food. 

486-0411 

The Discord Aggregate 

Intersection 

7 p.m. 

Gathering of local artists, poets, musicians, composers and others. Non-profit group meets every three to four weeks. This week, Tasmanian photographer Tony Ryan will present his work. For location and other information e-mail alemap@discord-aggregate.com 

Music and Meditation 

8 - 9 p.m. 

The Heart-Road Traveller 

1828 Euclid Ave. 

Group mediation through instrumental music and devotional songs, led by Lucian Balmer and Baoul Scavullo. Free. 

496-3468 

Buddhist Mantra/Healing 

6 p.m. 

Tibetan Nyingma Institute 

1815 Highland Place 

Bob Byrne on “Mantra and Healing,” a deep and personal kind of healing. Free. 

843-6812 

15th annual Berkeley  

Juneteenth Festival 

11 a.m. - 6 p.m. 

Adeline & Alcatraz, by Ashby BART 

Berkeley’s largest fair. Celebrate democracy’s victory for constitutional rights. Arts, crafts, food and music. 

Info/volunteers: 655-8008 or www.berkeleyjuneteenth.org 

Monday, June 18

Raging Grannies Meeting 

7 p.m. 

1924 Cedar Fellowship Hall 

UC Berkeley 

East Bay/San Francisco Raging Grannies organizing meeting. Celebrate life with laughter and song. 

528-5403 

Rent Stabilization  

Board - Regular Meeting 

7 p.m. 

2134 Martin Luther King Jr. Way 

Council Chambers, Second Floor 

Appeal — 1501 Stuart Street, #3. The landlord appeals the decision of the hearing examiner that found that he was required to refund the tenants’ entire security deposit and to pay them the interest that had accrued on it.  

— compiled by  

Sabrina Forkish and Guy Poole 

Make your rebate check work 

Editor: 

President Bush's tax cut has diverted millions of dollars away from a long list of human services vital to our community. But we can undo that wrong ourselves. 

When your tax rebate check arrives in the mail, take any or all of it that you can spare and send it on to your favorite charity. These rebates are made up of the dollars and cents that would have fed hungry kids, bought new library books, or helped victims of abuse. 

For most of us, the $300 check isn't enough to change our lives. But for the tens of thousands of needy people in the Bay Area, it can literally mean the difference between life in their own homes and life on the street. 

When that check arrives, GIVE IT BACK! 

Michael Mayer 

Berkeley 

Director, Berkeley Food Pantry 

Treat Beth El like previous owner’s 

Editor: 

The Landmarks Preservation Commission reaffirmed the importance of the 1301 Oxford property as an historic landmark site in 1990 and 1992. In 1990, the LPC “affirmed the continuing historic significance of the Byrne property as a Berkeley landmark and that the trees, open creek bed, open spaces, and fence are examples and remnants of a past era, and that all future construction of the site shall be reviewed by the Commission prior to approval.” In 1992, LPC recommended that “exposed sections of the creek should be restored in keeping with Berkeley's Creek Restoration Ordinance and consideration be given to restoration of the section of the creek which has been covered over”.  

The absence of the Byrne Mansion itself did not change the landmark designation. The land itself is a landmark, a remnant of Berkeley's early farm days. The site was chosen for its proximity to Codornices Creek. This property, the last remnant of the Byrne Farm and Mansion, is a living green corridor. It can be seen in aerial views. This is the landmark. It is the land with its natural beauty, and a creek does run through it. 

There were concerns and decisions made about the Chinese Christian Church and its smaller schoolhouse building (styled after the Byrne mansion) and small parking lot where one currently exists. This is a far cry from the current proposal having a 33,000 square foot building, 13,000 square foot parking lot, and road paralleling Berryman Path with road and cars lying over the Codornices Creek green corridor. The parking lot and road are shoved right up to Berryman Path.  

A construction project so much more massive than the one proposed by the Chinese Church, which will forever change the character of this quiet residential neighborhood, should not be allowed to proceed. The elements of 1992 LPC decision made nine years ago are more valid today. In nine years, we have more traffic and parking problems. 

We are the third densest City in our area. We care about creek daylighting, restoration and preservation. It was wrong to culvert Codornices Creek in the late 1950's. People did not know better then, so why are we trying to perpetuate the wrong by permanently covering it up now. Shouldn't we protect and enhance our urban treasures like Codornices Creek? 

Preservation of the natural areas of the site is the concern of not just the surrounding neighbors, but also all citizens of Berkeley and the Bay Area.  

If Beth El bases its design on meeting its parking needs on top of Codornices Creek green corridor, they will be very hard pressed to meet their parking needs later if it is decided that the creek could be daylighted. 

There is a precedent on how to treat a historic landmark site with a creek. It is called the 1992 ZAB decision with the EastBay Chinese Alliance Church. The 1992 ZAB decision stated that the northern portion of the property is to be protected leaving open the possibility of daylighting Codornices Creek. In addition, the Chinese Church had a notation for “future parking” on the northeast quadrant of the site,” which coincidentally where Beth El plans its parking lot and road. The city staff recommended that the “future parking” NOT be included in approval of their plan. Why aren't the current owners held to the same standards as the Chinese Christian Church? What has changed?. The current owners should be presented with the same restrictions as the Chinese Church. There must not be any development including parking lot and road on the Codornices Creek corridor. 

A City as diverse as Berkeley must treat groups in an equitable fashion. There is no justification for treating the current Beth El application less restrictively than the Chinese East Bay Alliance Church. There should be no double standard.  

Diane A. Tokugawa 

Berkeley 

Plan violates creek ordinance 

The Daily Planet received this letter to the mayor and council: 

Please apply the Berkeley Creek Ordinance to 1301 Oxford Street--Beth El Development.  

The Codornices Creek culvert on the 1301 Oxford property was improperly installed in 1952, without permission from the owner at the time, and without a permit from the City of Berkeley. That installation would be illegal under current law, but since it was implemented BEFORE the law existed, it has been allowed to continue.  

It is common practice that when a new owner wants to make modifications that affect such a condition that would be illegal under current law, they must first correct the illegal condition as the current law applies before proceeding with their plans. This principle clearly applies in the case of Beth El's plan to build a parking lot within the Codornices Creek corridor--less than 30 feet from the creek. (It would not apply, if they planned no development within the creek corridor.) 

The current Beth El plan is either in outright violation of the Berkeley Creek Ordinance, or in flagrant disregard of the INTENT of the Ordinance. If there is any doubt in your mind about this, please read the following quotes from the ordinance and think about how it applies in the case of 1301 Oxford. 

Keep in mind that, while project proponents claim that the current Beth El plan allows for creek daylighting, such daylighting, if it is at all possible, would require vertical concrete retaining walls on the banks (tantamount to a culvert, in essence) and is highly undesirable according to most credible creek restoration experts. 

Berkeley Creek Ordinance: Preservation and Restoration of Natural Watercourses says: 

The purpose ...is to establish a policy on the issuance of permits for culverting open creeks; the rehabilitation and restoration of natural waterways; and the management of watersheds. 

“Streams and their riparian environment should be held as an important public asset in an increasingly endangered environment that provides an unusual urban ecological habitat with recreational and aesthetic value.”  

“...it is in the interest of the City of Berkeley to encourage the removal of culverts and channels, prevent channel riprapping, and to restore natural watercourses whenever safely possible.”  

“Any ... culvert... maintained in violation of any of the provisions of Sections 17.08.040 and 17.08.050 hereof, ... is declared to constitute a public nuisance, and the City Attorney of said City shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof…” 

This last section indicates that culverts on creeks should not be maintained. Rather than repairing an aging and ailing culvert on a creek, it is preferable to remove the culvert and simply restore the natural state of the creek. 

The City Attorney has already given her opinion that the City cannot REQUIRE Beth El to remove the culvert. I have never said that Beth El should be required to remove the culvert, even though it may turn out that law WOULD require them to remove it, if the City Attorney's previous opinion is incorrect. Beth El's plan to build a parking lot and roadway within the creek corridor is diametrically opposed to the intent of the wording of the Berkeley Creek Ordinance. 

Alan Gould 

Berkeley

924 Gilman St. All shows begin at 8 p.m. unless noted $5; $2 for year membership. All ages. June 15: Strike Anywhere, Missing 23rd, Crispus Attacks, Planes Mistaken For Stars, Deadlock Frequency; June 16: Nerve Agents, American Nightmare, Fields of Fire, Affront, Scissorhands. June 22 Hoods, Fall Silent, Clenched Fist, Osiva, Hellcrew. 525-9926  

Albatross Pub Music at 9 p.m. unless noted otherwise. June 19: pickPocket Ensemble; June 20: Whiskey Brothers; June 21/28: Keni “El Lebrijano”; June 26 Mad & eddie Duran Jazz Duo; June 30: Larry Stefl Jazz Quartet 1822 San Pablo Ave. 843-2473  

Anna’s Music at 8 p.m. June 15,22,29,30: Anne & Susie Larain and Sallie Hanna-Rhine; June 16: Robin Gregory & Bliss Rodriguez; Aleph Null; June 18,25: The Renegade Sidemen; June 19 Jason Martinwau; June 20,27: Bob Schoen Jazz Quartet; June 21: The Jazz Singers Collective; June 23:The maestro Rich Kalman & His Jazz Trio; June 24 The Joe Livotti Sound; June 26: Tangria; June 28: ConFusion. $2 weeknights, $3 weekends. 1801 University Ave. 849-ANNA  

Ashkenaz June 15: 9 :30 p.m., Winston Jarrett with special guests; June 16: 9:30 p.m., Amandla Poets; June 17, 6 p.m.: Ray Cepeda and the Neo Maya Experience; June 19, 9 p.m.: Brass Menagerie; June 20, 9 p.m.: Gator Beat; June 21, 10 p.m.: Digital Dave; June 24, 8 p.m.: Babatunde Olantunji; June 26, 9 p.m.: DP & The Rhythem Riders; June 27, 8 p.m.: Fling Ding/Circle R Boys/Dark Hollow; June 28, 9 p.m.: Monkey/Stiff Richards/ Go Jimmy Go.1370 San Pablo Ave. 525-5054 or www.ashkenaz.com 

Blakes June 17, 9 p.m.: Third Eye Movement’s Straight Buldin Tour 2001 featuring Red, Guard, Renaissance, Bored Stiff, Deuce Eclipse, Gazzi and SoulSistaSoul. Hosted by Rob Jamal of nommo; 2367 Telegraph; for more info call 238-8080 x310 

Freight & Salvage All music at 8 p.m. June 15: The Laurie Lewis Trio; June 16: Rova Saxophone Quartet. $17.50; June 17: Sean Tyrrell and Tommy Peoples; June 19: Toshi Reardon; June 20 Cliff Eberhardt; June 21 Rachel Garlin, $15.00 advance, $16.50 door; June 22: Sourdough Slim w/ Blackwood Tom; June 23: Lara & Reyes; June 24; Darryl Purpose, Dave Carter & Tracy Grammar 1111 Addison St. www.freightandsalvage.org; 548-1761 

Jupiter All shows at 8 p.m. June 15: Steven Emerson; June 16: Nucleus; June 19: Mas Cabeza; June 20: Wavelord; June 21: Beatdown w/ DJ’s Delon, Yamu & Addi; June 22: Realistic; June 23: Wayside; June 26: Bruno Pelletier Trio; June 27: O Maya; June 28: Beatdown w/ DJ’s Delon, Yamu & Addi; June 29: Zoe Ellis Quartet; June 30: Go Van Gogh 2881 Shattuck Ave 843-8277 

La Peña Cultural Center June 15, 8 p.m.: TIJUANA NO! with Caradura and Prophets of Rage Dj La Viuda Negra. 3105 Shattuck Ave. 849-2568 www.lapena.org  

Live Oaks Concerts, Berkeley Art Center, June 24: 7:30 p.m., Stephen Bell. Admission $10 (BACA members $8, students and seniors $9, children under 12 free) 

Jazzschool Recitals June 17: 4 p.m., Jazz Combos; June 19: 4 p.m., Jazz Groups; June 20: 4 p.m., Jazz Ensembles; June 21: 4 p.m., Jazz Combos. Free. The Jazzschool/La Note 2377 Shattuck Ave. 845-5373  

WordWind Chorus June 15, 8 p.m. In celebration of the release of its first CD, the WordWind Chorus will perform a unique collaboration of music and poetry. $10 Tuva Space 3192 Adeline 530-7698 

Estradasphere and Warsaw June 15, 9:30 p.m. $7 Blakes 2367 Telegraph Ave. 848-0886 

Berkeley Symphony Orchestra Season Finale June 21, 8 p.m. Works by Shostakovich, Brahms, and Rohde. $19 - $35 Zellerbach Hall, UC Berkeley 841-2800  

“More Matters of Life and Death” June 15 - 17, 8 p.m. The newest cycle of this series, “Iris, Blue, Each Spring,” tackles the joys and sorrows of growing older and is set to “Six Japanese Songs” by Margaret Garwood. Presented by The Ruch Botchan Dance Company in concert with The Mirage Ensemble. $12 - $15 Western Sky Studio 2525 Eighth St. 848-4878 

“Dance Mosaic: Celebrating Diversity” June 16, 8 p.m. and June 17, 2 p.m. The annual repertory concert for the Mahea Uchiyama Center for International Dance features over 100 performers of dance and music from the South Pacific, India, Africa and the Middle East. $5 - $15 Juia Morgan Center for the Arts 2640 Collage Ave. 925-798-1300 

Kalanjali in Concert June 22, 7 p.m. Kalanjali concludes its celebration of its 25th year in Berkeley with a special recital. Experienced dancers and young students, with guests from India including dancer K. P. Yesoda and the musicians of Bharatakalanjali. $6 - $8 Juia Morgan Center for the Arts 2640 Collage Ave. 925-798-1300 

“Cymbeline” Through June 24, Tues. - Thur. 7:30 p.m., Fri. 8 p.m., Sat. 2 p.m. and 8 p.m., Sun. 4 p.m. Opening of the California Shakespeare Festival features one of Shakespeare’s first romances, directed by Daniel Fish. $12 - $146. Bruns Memorial Amphitheater off Highway 24 at the Shakespeare Festival Way/Gateway Exit. 548-9666 or www.calshakes.org 

“The Laramie Project” Through July 8: Weds. 7 p.m., Tues. and Thur. -Sat. 8 p.m., Sun. 2 p.m. and 7 p.m. Written by Moises Kaufmen and members of Tectonic Theater Project, directed by Moises Kaufman. Moises Kaufman and Tectonic members traveled to Laramie, Wyo., after the murder of openly gay student Matthew Shepherd. The play is about the community and the impact Shepherd’s death had on its members. $10 - $50. The Roda Theatre, Berkeley Repertory Theatre 2015 Addison St. 647-2949 www.berkeleyrep.org 

“Kid Kaleidoscope and the Puppet Players” June 24: 2 p.m., Julia Morgan Center for the Arts. The Puppet Players are a multi-media musical theatre group. Their shows are masterfully produced to thrill people of all ages with handmadesets and puppets. Adults $10, Children $5, 2640 College 867-7199 

“Romeo and Juliet” Through July 14, Thurs. - Sat. 8 p.m. Set in early 1930s just before the rise of Hitler in the Kit Kat Klub, Juliet is torn between ties to the Nazi party and Romeo’s Jewish heritage. $8 - $10. La Val’s Subterranean Theater 1834 Euclid 234-6046 

“A Life In the Theatre” Opens June 14, runs through July 15. Wed. - Sat. 8 p.m., Sun. 2 p.m. and 7 p.m. David Mamet play about the lives of two actors, considered a metaphor for life itself. Directed by Nancy Carlin. $30-$35. $26 preview nights. Berkeley City Club 2315 Durant 843-4822 

Berkeley Film Festival June 23, 1 p.m. Berkeley Arts Festival Gallery. Presnetation of Six films: The Good War, and Those Who Refused to Fight it (Judith Ehrlich and Rick Tejada Flores), Just Crazy About Horses (Tim Lovejoy and Joe Wemple), Los Romeros: The Royal Family of the Guitar (L. John Harris and Bill Hayes), In Between the Notes (William Farley and Sandra Sharpe) and KPFA On The Air (Veronica Selver and Sharon Wood) 2220 Shattuck 486-0411 

Pacific Film Archive June 15, 7:30 p.m.: A Long Happy Life, 8:50: Goodbye, Boys; Jun 16: 7 and 9 p.m.: Beau Travail; June 17, 5:30 p.m.: The Face of Another; June 19 7:30 p.m.: Los; June 20 7:30 p.m.: filial Fixations; June 21 Days of the Eclipse 7 p.m. & A Spring for the Thirsty 9:30 p.m.; Pacific Film Archive Theater 2575 Bancroft Way 642-1412 

Exhibits 

Constitutional Shift, Through July 13, tuesdays - fridays, noon - 5 p.m. Kala Art Institute. Permanence and personal journey link Hee Jae Suh, Ursula Neubauer and Marci Tackett. Korean-born Suh explores an inner psychological world with a dramatic series of self-portraits. Neubauer explores self-portraiture as a travel map of identity with multiple points of view. Tackett explores Antarctica’s other-worldly landscape in a series of stunning digital photographs. 1060 Heinz Ave. 549-2977 

East Bay Open Studios June 16 & 17, 11 a.m. - 6 p.m. Jennifer Foxly: Oil paintings and 2-d mixed media works 3206 Boise St.; Lewis Suzuki: Scenes from California to the Philippines, florals to nudes 2240 Grant St.; Guy Colwell: Painted replicas and recent original work 2028 9th St. (open until 7 p.m.) 

PASSING: The Re-Definition of Sex and Gender Through the Personal Re-Presentation of Self Through June 16, Mon. - Fri. 8:30 a.m. - 6:30 p.m., Sat. 9 a.m. - 3 p.m. Black and white photographs by Ann P. Meredith. Free. Reception with the artist June 7, 6 - 8 p.m. Photolab Gallery 2235 Fifth St.  

Ledger drawings of Michael and Sandra Horse Exhibit runs through June 18. Gathering Tribes Gallery 1573 Solano Ave. 528-9038 www.gatheringtribes.com  

“Alive in Her: Icons of the Goddess” Through June 19, Tuesday - Thursday, 10 a.m. - 3 p.m. Photography, collage, and paintings by Joan Beth Clair. Pacific School of Religion 1798 Scenic Ave. 848-0528 

Tyler James Hoare Sculpture and Collage Through June 27, call for hours. Party June 9, 5-9 p.m. with music by Sauce Piquante. The Albatross Pub 1822 San Pablo Ave. 843-2473 

Ako Castuera, Ryohei Tanaka, Rob Sato Through June 30, Tues. - Sat. 11 a.m. - 6 p.m. Group exhibition, recent paintings. Artist’s reception June 9, 6:30 - 9 p.m. with music by Knewman and Espia. !hey! Gallery 4920 B Telegraph Ave., Oakland 428-2349  

“Watershed 2001” Through July 14, Wednesday - Sunday Noon - 5 p.m. Exhibition of painting, drawing, sculpture and installation that explore images and issues about our watershed. Berkeley Art Center 1275 Walnut St. 644-6893 

Rachel Davis and Benicia Gantner Works on Paper Through July 14, Tues. - Sat., 11 a.m. - 6 p.m. Watercolors by Davis, mixed-media by Gantner. Opening reception June 13, 6 - 8 p.m. Traywick Gallery 1316 Tenth St. 527-1214 www.traywick.com 

“The Trip to Here: Paintings and Ghosts by Marty Brooks” Through July 31, Tues. - Sun. 11 a.m. - 1 a.m. View Brooks’ first California show at Bison Brewing Company 2598 Telegraph Ave. 841-7734  

Bernard Maisner: Illuminated Manuscripts and Paintings. Through Aug. 8 Maisner works in miniature as well as in large scales, combining his mastery of medieval illumination, gold leafing, and modern painting techniques. Flora Lamson Hewlett Library 2400 Ridge Rd. 849-2541 

“Musee des Hommages,” Masterworks by Guy Colwell Faithful copies of several artists from the pasts, including Titian’s “The Venus of Urbino,” Cezanne’s “Still Life,” Picasso’s “Woman at a Mirror,” and Boticelli’s “Primavera” Ongoing. Call ahead for hours 2028 Ninth St. (at Addison) 841-4210 or visit www.atelier9.com 

“Geographies of My Heart” Collage paintings by Jennifer Colby through August 24; Flora Lamson Hewlett Library 2400 Ridge Rd. 649-2541 

Images of Portugal Paintings by Sofia Berto Villas-Boas of her native land. Open after 5 p.m. Voulez-Vous 2930 College Ave. (at Elmwood) 

“Queens of Ethiopia: Intuitive Inspirations,” the exceptional art of Esete-Miriam A. Menkir. Through July 11. Women’s Cancer Resource Center Gallery 3023 Shattuck Ave. 548-9286 ext 307 

“The Decade of Change: 1900 - 1910” chronicles the transformation of the city of Berkeley in this 10 year period. Thursday through Saturday, 1 - 4 p.m. Berkeley History Center, Veterans Memorial Building, 1931 Center St. Wheelchair accessible. 848-0181. Free.  

Readings 

Cody’s Books 2454 Telegraph Ave. All events at 7:30 p.m. June 15: James Ellroy reads “The Cold Six Thousand.” 845-7852  

Cody’s Books 1730 Fourth St. All events at 7 p.m. unless noted otherwise. June 16, 4 p.m.: Chris Raschka presents a talk and demontration for children, and paints the store front window; June 18 Sherman Alexie- The Toughest Indian in the world. 559-9500 

Freight & Salvage, June 23, 10 a.m.-noon Diane di Prima, beat poet and author of “recollections of My Life as a Woman”. 

Simone Martel June 16, 2 p.m. Martel will read from her book “The Expectant Gardener: A Wise and Fun Guide to the Adventure of Backyard Growing” Barnes and Noble 2352 Shattuck Ave. 644-0861  

Weekly Poetry Nitro Mondays 6:30 p.m. sign up, 7 - 9 p.m. reading. Performing poets in a dinner atmosphere. Featured poets: June 18: Katie Daley; June 25 Steve ArntsenCafe de la Paz 1600 Shattuck Ave. 843-0662 

Tours 

Lawrence Berkeley National Laboratory Free. University of California, Berkeley. 486-4387 

Berkeley City Club Tours 2315 Durant Ave., Berkeley. The fourth Sunday of every month, Noon - 4 p.m. $2 848-7800  

Golden Gate Live Steamers Grizzly Peak Boulevard and Lomas Cantadas Drive at the south end of Tilden Regional Park Small locomotives, meticulously scaled to size. Trains run Sunday, 9 a.m. to 4 p.m. Rides: Sunday, noon to 3 p.m., weather permitting. 486-0623  

Spectacular soph-to-be will boost football, basketball teams 

St. Mary’s boys’ basketball coach Jose Caraballo is always upbeat. But on Thursday, he was even more effusive than usual. 

“I’m the happiest coach in California becuase I’ve got a state championship ring on my finger,” said Caraballo, whose team won the Division IV title in March. “Now we’ve increased the possibility of getting another one.” 

Caraballo was talking about the fact that his team just gained one of the best players in California. Freshman DeMarcus Nelson, who played football, basketball and baseball for Vallejo High this year, made his transfer to St. Mary’s official this week. Nelson was the Cal-Hi Sports freshman of the year for basketball and threw for 1,700 yards and 27 touchdowns in part-time quarterback duty during the football season. 

“He’s accomplished so much at such a young age, the only person I can compare him to is Jason Kidd,” said Caraballo, who coached Kidd at St. Joseph’s during his prep years in Oakland. “He’s just a great addition to our team and our family.” 

According to Nelson’s father, the transfer has been in the works nearly since the school year began. He said DeMarcus really only went to Vallejo because it was his sister’s senior year at the school. But friction within the basketball team and Vallejo’s history of poor academics convinced the family that DeMarcus would only spend one year there. 

“His mother really wanted him to have an opportunity to get a quality education,” said Ron Nelson, DeMarcus’ father. “His mother and I went to St. Mary’s, looked at campus, talked to administrators, and her mind was made up and she never wavered. DeMarcus realized that it was in his best interest to go after the education and opportunities St. Mary’s offered.” 

“There was just a lot of behind the scenes stuff going on, so we decided to look for another school,” DeMarcus said. “We did a lot of research and found out that St. Mary’s was the best.” 

Nelson termed his reasons for the move “about half athletic and half academic.” 

Among the problems at Vallejo was a group of seniors that “didn’t want to accept him because he was young,” Ron Nelson said. “The older players figured it was their time to shine, but DeMarcus is an unusually talented kid.” 

Nelson is currently playing AAU summer basketball for the Slam ‘n Jam Oakland Soldiers, where he is teammates with St. Mary’s guards John Sharper and DeShawn Freeman, who will both be seniors next year. Caraballo expects no similar problems when Nelson joins his team. 

“Our kids bottom line is that they want to win. As much as we run and shoot, there are enough shots for everyone. They don’t care who scores,” he said. 

One thing Caraballo does expect is allegations of recruitment by the St. Mary’s athletic staff. Nelson will likely be the starting quarterback next season, as well as a key link for a basketball team that will be moving up to Division I to challenge the top teams in the state. One of the Oakland Soldiers’ coaches, Mark Olivier, is also an assistant coach at St. Mary’s. Observers may find that coincidence hard to take. But Caraballo dismisses such talk. 

“There will be rumors about recruiting and all that crap, but that just doesn’t wash,” he said. “The family looked at other schools and decided on their own that DeMarcus should come here. Besides, DeMarcus will be a stud and All-American candidate anywhere he goes.” 

Olivier pointed out that Nelson isn’t just focused on athletics. An honor roll student at Vallejo, Nelson wants to get his academics in order for a college scholarship, which St. Mary’s should help him achieve. 

“A lot of people don’t realize that at St. Mary’s, you have to be a pretty darn good student to get in, especially as a transfer,” Olivier said. “The school sold him, the academics, even baseball and football programs. It was a no-brainer.” 

Just thinking about his team next season made Caraballo cackle with glee. Nelson will fit nicely into the spot vacated by wingman Jeremiah Fielder, the team’s lone graduating starter. In fact, Nelson wears the same number, 21, as Fielder. But while Fielder was mainly a defensive stopper, Nelson adds the dimension of a scorer to take the pressure off of Sharper and Freeman. 

“Now we’ve got a kid who can defend just as well, if not better, and go for 20 points a night,” the coach said with a huge grin on his face. “I guess now I truly have the best backcourt in the state. How are they gonna guard all my guys now?”

“Berkeley is absolutely full of artists and natural wonders,” says Bonnie Hughes, director of the Berkeley Arts Festival. “Once a year we like to stop and take a look at what we’ve been doing.” 

The fourth Berkeley Arts Festival, which runs June 16-30, kicks off Saturday with an opening ceremony and “music circus” on Shattuck Avenue, with a performance by the City Council Singers at the BART plaza, and flocks of musicians playing on street corners, fire escapes, and rooftops. Local poets, including Richard Silberg and Julia Vinograd, will read their works at the public library. The Arts Festival gallery at 2200 Shattuck hosts an exhibit of outsider art (on loan from the local Ames Gallery) and will be the site of several events throughout the month, including an evening of films by local filmmakers, concerts by pianists Sarah Cahill and Jerry Kuderna, and a “Beanbenders’ Reunion,” featuring some of the local avant garde jazz performers whose music was heard weekly at the Berkeley Store Gallery through the 90s. 

The inspiration for the Arts Festival came from Hughes’ efforts over the past decade. For ten years, she made a career out of finding buildings around town where she could establish multipurpose arts centers. When the last such space was sold to become a copy center, supporters decided to continue their efforts with an annual arts festival. The festival has quietly grown, until this year there are literally hundreds of performers, presenters, and artists taking part. 

It’s not just music and poetry that’s celebrated in the  

Berkeley Arts Festival. The wondrous works of nature are on display all around us, and festival organizers plan to draw attention to them with a series of “Carfree Carefree Tours,” which encourage public transportation and/or walking to various sites. They include a tour of an installation at the Berkeley Marina and a chance to explore some of Berkeley’s gardens and creeks. There’s also a tour of Berkeley’s historic architectural buildings, and a “Free Speech Tour” led by veteran activist Michael Rossman, who will take participants to some of the sites of Berkeley’s Free Speech Movement in the 1960s and lead discussions of what took place. The festival finale takes place in the great outdoors, too, when the Christy Dana Quartet performs jazz on the Berkeley Pier Saturday, June 30. 

The joint emphasis on arts and environment is showcased this year in “Berkeley Stories,” an evening of discussion and storytelling by some of the East Bay’s most famous writers and personalities, held June 29 at the Julia Morgan Theater. Malcolm Margolin, local publisher and founder of Heyday Books, organized the event by contacting many of his longtime friends. “In some ways, I’m putting my rolodex out there on stage,” he says. “We’ll have something that’s almost like a living room, where people I know get together and tell stories any way they want. The question that remains to be answered is, will something bigger result?” 

Participants include award-winning novelist Maxine Hong Kingston, celebrated poet Al Young, fiction writer Dorothy Bryant, and longtime activist and writer Tillie Olsen, recently honored with a Cody Lifetime Achievement Award and still going strong in her late 80s. Also joining the get-together are Black Panthers co-founder David Hilliard, mime artist Leonard Pitt, singer Anna de Leon, and Cody’s Books founder Pat Cody. Environmental writer Ernest Callenbach adds his perspective, and the entire event serves as a fundraiser for the David Brower Center, a planned environmental and art center intended to honor the late environmental activist David Brower, a lifelong Berkeley resident. 

The festival overlaps with cultural and environmental offerings by other groups, and it is hoped that residents will further explore artists’ open studios, performances at La Pena, and films at the Pacific Film Archive. The point, says Hughes, is to recognize what a wealth of treasures we have under our noses. “There are local artists and musicians known throughout the world who are not known here at home,” she says. Hopefully, this annual festival will help to change that.

The City Council sent a controversial proposal to temporally prohibit office development in west Berkeley back to the Planning Commission Tuesday for another public hearing. 

In the same vote, the council adopted one aspect of the proposal, which directs the Planning Commission to study the effects of office development in the Mixed Use-Light Industrial District, also known as the MULI. 

After councilmembers heard a presentation from Planning Commissioners Rob Wrenn and Zelda Bronstein and asked questions of Interim Planning and Development Director Wendy Cosin, they voted to send the proposal back to the Planning Commission for another public hearing.  

A second public hearing is required because the first one on Jan. 10, was improperly noticed by Planning Commission staff. The notice described the prohibition as a moratorium rather than a temporary zoning ordinance, which has different procedural requirements, according to Assistant City Attorney Zack Cowen. 

Bronstein said the second public hearing would most likely take place in September. 

The council sent the proposal back to the Planning Commission by a slim vote of 5-4 with moderates Mayor Shirley Dean and Councilmembers Polly Armstrong, Mim Hawley and Betty Olds voting in opposition.  

The office prohibition, if ultimately approved, would not allow permits for new office uses in the MULI for one year with the goal of saving blue collar jobs and light industrial uses such artist and artisan studios. The Planning Commission proposal also calls for the promotion of “green” (environmentally friendly) businesses. 

Councilmember Linda Maio, who represents a portion of the MULI, said the temporary ban would give the city a chance to step back and examine if the rate of office construction is harmful to other businesses and residents in the MULI.  

“I think people who live in west Berkeley are very worried about being squeezed out,” she said. “This will allow us time to make sure we can retain those people and businesses who are the heart and soul of Berkeley.” 

Mayor Shirley Dean argued the prohibition wasn’t necessary and that the amount of office space in the MULI is consistent with the West Berkeley Plan, which was approved in 1993 and made part of the Zoning Regulations in 1999. 

“There’s no apparent good reason for the prohibition,” Dean said. “Maybe back in 2000 when there was an economic boom but that’s no longer the case and now there’s an office vacancy rate of 10 percent.” 

Berkeley’s zoning map shows the MULI as an S-shaped area that winds through west Berkeley between San Pablo Avenue and Interstate 80. The roughly 70-block area has traditionally been made up of small manufacturers, retail, light industry and office space, punctuated with pockets of residential areas. 

Development in the MULI is regulated by the West Berkeley Plan, which was assembled after years of public input from property owners, businesses, workers, residents and artists and artisans. The plan calls for zoning regulations to encourage light industrial uses and the continuation of well-paid jobs that don’t require advanced degrees. 

The plan also provides for office development, provided it doesn’t unduly interfere with light manufacturing. The plan uses as a guideline a maximum of 550,000 square feet of office space that can be developed. 

“If this 550,000 square feet were to convert, some 40 percent of the district’s current space would be non-manufacturing/wholesaling, about the maximum level at which the district could still be called ‘industrial,’” the plan reads. 

Currently the MULI has about 349,000 square feet of office space, according to the Planning Commission report.  

“The amount of office space in the MULI is totally on target,” said Planning Commissioner Susan Wengraf, who voted against the prohibition. “With the dot-com bust, rents are falling and vacancies are increasing. Why would we impose this moratorium now?” 

Wengraf said the idea that the temporary prohibition will create or save blue collar jobs was a “romantic” one that has little to do with reality. 

Bronstein argues that between 1997 and 2000, over 164,000 square feet of former industrial space was converted to office use and that the increase has already had a negative impact on traffic and rental rates.  

She said the higher rents that property owners charge for office space gives them incentive to move light industrial businesses out and offices in. 

Bronstein insisted the prohibition is not anti-business. “This is just temporarily anti-office,” she said. “This is really pro-business, we want to see more manufacturers and green businesses come into the MULI.” 

She added that downtown Berkeley is a better place for offices because of better access to public transportation. 

Feeling the heat of a grassroots nationwide campaign targeting the majority of the members of the Pacifica Foundation Board, Chair David Acosta and Boardmember Karolyn van Putten resigned their posts Wednesday. 

The foundation board holds the licenses to five listener-sponsored stations across the country, including KPFA in Berkeley. 

While activists celebrated  

the resignations as a victory, Pacifica spokesperson Michael Powell of Westhill Media Strategies chalked up the resignations to “a very hateful McCarthyite campaign.” 

Those opposing the board majority – activists calling for democratizing the board and full disclosure of financial information – had picketed the homes and businesses of the majority board members and conducted e-mail campaigns calling for full financial disclosure of the board’s expenditures and assets. Powell said he understood that it would be difficult for people to sustain their positions on the board under such fire. 

In his letter of resignation, Acosta did not speak to the reasons for his leaving, but reflected on the positive experiences of his years on the board: “My experience with Pacifica for the last seven years has been a fulfilling one, and I leave knowing that together we have made the Network better than it was when we got here.” 

Neither Acosta, a Texas attorney, nor van Putten, of Western Public Radio in San Francisco, returned calls for comment. 

Powell, who promised to get back to the Daily Planet with information on how much the Pacifica Foundation was paying for his company’s services, said the board majority will select new members in the mold of the ones resigning, so the board minority and their supporters will not have advanced their cause as a result of the resignations.  

The activists “systematically try to replace the board with their own people. They’re not making any headway,” he said. 

How will replacement board members be nominated? 

“The executive director will recruit people who she thinks will move the station forward,” Powell said. “(Supporters of the board minority) don’t have the votes on the board to nominate the people they want to nominate.” 

KPFA Local Advisory Board Chair Sherry Gendelman said she’d heard something about possible resignations. People close to negotiations around the four consolidated lawsuits - filed by listeners, local advisory board members and some of the minority members of the board – had got the message that some of the board members were seeking a dignified way to leave the board. “The tenor of conversation indicated those kinds of overtures,” she said. 

Gendelman said she was happy about the resignations of both the board members, noting that van Putten was among those who brought the notion to National Public Radio of the advantages of programming from one central location and sending the programs out to various stations as opposed to programming locally.  

Gendelman said the resignations could have an effect on the lawsuits. The suits contend, in part, that the board was illegally transformed from one that represented the five Pacifica radio stations’ listeners to one that is self-perpetuating and unrepresentative.  

“Those who leave (the board) might be dropped (from the suits) for their departure,” she said, noting that it may be possible for the suits to be resolved around the negotiating table and not go to trial. 

Gendelman said she hopes additional resignations will be forthcoming - the split is now 5-7 – but winning the struggle against the board could mean going back to internal dissension. Currently there are various local groups pushing hard for program modifications at KPFA. 

“We need to be patient,” Gendelman said.

One of the city’s largest street fairs is this Sunday, 11 a.m. to 6 p.m., at Adeline and Alcatraz not far from the Ashby BART.  

The observance of June 19 as the African American Emancipation Day, Juneteenth, is the oldest known celebration of the ending of slavery. It dates back to June 19, 1865, when Union soldiers, led by Major General Gordon Granger, landed at Galveston, Texas. 

One of General Granger’s first orders of business was to read to the people of Texas General Order No. 3 which began: 

“The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free.” 

Berkeley’s fair will celebrate this victory. 

There will be arts, crafts, food and music. Scheduled for the main stage are: Big Belly Blues Band, Morris LeGrand & Band, Gospel Dancers, The Ricardo Scales, O'Town Passion, Park Place Band and the Steppin Stones Band.  

For more info or to volunteer call: 655-8008

It is quite appropriate that this concert in honor of Umm Kulthum will take place at the International House, because her music profoundly crosses borders. 

Although Kulthum was Egyptian, her music is loved by all Arabs, and indeed by all people who appreciate great songs. This music transcends national, cultural and even temporal borders: a quarter-century after her death her recordings continue to sell, and her voice is still often heard on radio broadcasts. There is no real parallel in the West to Kulthum’s stature in the Arabic world. She is more crucial than Bob Marley in Rastafari culture or Caruso in the world of opera. Most Arabs sing along with her songs whenever they play on the radio. Yet her musical legacy is a treasure of all humanity, for it is easily accessible to all with ears to hear. The Lammam Ensemble keeps alive this legacy by performing Kulthum’s most cherished songs, many of which were composed specifically for her, in a style deeply informed by her. 

Georges Lammam is a master violinist and singer, who is devoted to the great traditions of Arabic popular and classical song. He is joined by his brother Elias Lammam, who sings and also plays the rare and exotic quarter-tone accordion, and his cousin Tony Lammam, playing percussion. Other members of the Lammam Ensemble include Fouad Marzouk and Mimi Spencer al-Khayyam on kanuns, Farah Gubran playing oud and Nicole LeCorgne on percussion. The Ensemble will present several suites of songs just as Kulthum would have performed them, mixing composed sections together with improvisation, repeating and expanding melodic fragments as the moment dictates.  

The style is like a cross between folk ballads and jazz, with elements of standard arrangements richly seasoned by exciting on-the-spot invention.  

The scale systems of Arabic music provide melodic contours and colors which are unknown in the Western tradition and yet remain delightfully accessible. Kulthum chose exquisite material whose melodies cut straight to the heart, expressing themes which resonate with all who hear them.  

Many listeners are surprised at how inviting and entrancing Arabic music becomes as it unfolds its perfumed tapestries and whispers its ancient secrets. 

This concert will feature the best local musicians paying tribute to the greatest legend in modern Arab cultural history. These musicians all have an ongoing love affair with the musical heritage of this majestic singer Kulthum. This love is infectious and will surely captivate all who allow themselves to melt into this universal landscape of the heart. Kulthum was famous for championing political and social causes, especially during the last decades of her brilliant career. So it is completely appropriate to her legacy that the proceeds of this concert will be used to help Palestinian refugees. 

Kulthum is the subject of a documentary film called “A Voice like Egypt” (USA 1996) which was shown recently on KQED and can be rented from several local video rental shops.  

Although the film stressed Kulthum's crucial role in helping Egyptians resurrect national pride in the post-colonial world and in developing a new sense of unifying pan-Arabic culture, her lasting legacy is even greater than these lofty achievements.  

In this concert, the Lammam Ensemble will present Kulthum as a voice of and for Humanity.

WASHINGTON — In a triumph for President Bush, the Senate overwhelmingly passed groundbreaking education legislation Thursday that requires annual math and reading tests for millions of schoolchildren as part of an effort to improve the nation’s public schools. 

The vote was 91-8, and set the stage for a summer of negotiations on a final compromise among the White House, the GOP-controlled House and the Senate, newly under Democratic management. 

Final passage came after a bumpy, last-minute detour into the emotionally charged issue of the Boy Scouts and homosexuality. 

On a vote of 51-49, the Senate approved a proposal by Jesse Helms, R-N.C., to strip federal funding from any school district that discriminates against the Scouts or similar groups that “prohibit the acceptance of homosexuals.” Many Democrats felt this provide protection for the group that others wouldn’t have. Opponents countered by winning swift approval of a proposal barring schools from denying access to any youth group, Boy Scouts included, on the basis of their views on sexual orientation. The clash over the Scouts provided a noisy conclusion to seven arduous weeks of debate on the issue atop Bush’s agenda – and a bill that senators in both parties agreed would mark a fundamental shift in the federal government’s role in education. “ 

Majority Leader Tom Daschle, D-S.D., said there wasn’t enough money. “We can’t have reform without resources and that’s the next step,” he said. In all, the Senate-passed measure called for roughly $15 billion more spending than Bush has proposed for next year alone. The companion House-passed measure calls for funding between the White House and Senate levels. The Senate measure is a bipartisan culmination of Bush’s campaign pledge to fix the nation’s public schools. It would require states to administer annual math and reading tests to students in grades three through eight. Schools with low test scores would receive additional aid, but if a school failed to show enough progress after two years, low-income students would be free to transfer to another public school. After three years, the same students would be permitted to use federal funds for tutoring or transportation to another public school. 

All schools would receive some additional flexibility in their use of federal funds as part of the effort to improve. In addition, a small number of states and school districts would qualify for an experimental program with far fewer restrictions on the use of federal funds, part of an effort to see whether that could raise student performance. 

The framework of the measure was fixed during weeks of negotiations involving the White House, Senate Republicans and Democrats led by Kennedy. 

All sides gained concessions in some areas, and gave them in others. The bill contains far more money than many Republicans favor, for example, and lacks the type of expansive flexibility that many GOP senators wanted for school districts around the country. On the other hand, Kennedy agreed to the pilot program known as Straight A’s, to the discomfort of teacher unions who are traditional Democratic allies. 

No compromise could be reached on the issue of vouchers — a proposal by Bush and the GOP for low-income children in failing public schools to use federal funds for private school tuition. 

Republicans tried to insert the proposal into the measure but failed earlier in the week. 

Passage of the bill came by an unexpectedly lopsided margin. Opponents included GOP Sens. Helms, Robert Bennett of Utah, John Kyl of Arizona, Don Nickles and Jim Inhofe of Oklahoma and George Voinovich of Ohio. Democrats Ernest Hollings of South Carolina and Russell Feingold of Wisconsin also voted against the measure. Sen. Daniel Inouye, D-Hawaii, didn’t vote. 

Helms injected last-minute controversy into the education debate with his amendment, which he said was triggered by last year’s Supreme Court ruling that upheld a national Boy Scouts policy banning gay members and leaders. The North Carolina Republican cited numerous examples in which local schools or school districts had excluded scouts from the use of facilities — evidence, he said, of discrimination. 

To critics of the amendment, he said, “it bears out exactly what I was told was going on in the way of lining up of opposition on the other side to this amendment by the homosexual and lesbian leaders in this area.” 

“Here is an organization that’s been next to God and country, mom and apple pie for as long as we can think of, and now it’s being pursued,” said Sen. Sam Brownback, R-Kan. 

But Sen. Barbara Boxer, D-Calif., said the Scouts were already treated like other groups, and added, “I believe this amendment is unnecessarily gratuitous. It is hurtful to a group of people. It divides us again in this country.” 

In a remarkable moment, Sen. Robert C. Byrd, D-W.Va., speaking, he noted, as a former member of the Ku Klux Klan, said that as drafted the amendment would have required schools to allow even that racist organization to use school facilities. At his request, the proposal was modified to prevent that, and he was one of eight Democrats who joined with 43 Republicans in voting for the Helms proposal. 

Shortly after passage, Boxer succeeded in adding her own, different provision to the bill. It would prohibit discrimination against any youth group, including the Boy Scouts, on the basis of the organization’s “favorable or unfavorable position concerning sexual orientation.” Boxer said the amendment was intended to write into law the high court’s ruling in the Boy Scouts case. 

WASHINGTON — Conservative Republicans balked at President Bush’s plan to end six decades of naval training on Puerto Rico’s Vieques Island, complaining that he is caving in to protesters and endangering the military. 

“We are going to lose lives if we don’t train these people,” said Rep. James Hansen, R-Utah., after a Capitol Hill briefing with top Pentagon officials on the decision to stop bombing and other training exercises by mid-2003. 

Added Sen. James Inhofe, R-Okla.: “We are going to lose other ranges if this range is lost.” 

Rep. Bob Stump, chairman of the House Armed Services Committee, planned hearings. “This place is irreplaceable. Once you give in to this type of action, we’re inviting trouble in many other cases,” said Stump, R-Ariz. 

Hansen said there are 33 ranges in the United States, each with its own opponents. He wondered what the United States should tell countries such as Japan, where the U.S. military has a large presence. 

“We won’t bomb on ours but we’ll bomb on yours? It’s a line in the sand,” he said of the idea of bowing to Vieques protesters. 

Protesters say years of live fire bombing have destroyed their health and environment. They have pressed for an immediate halt. 

“Not one additional bomb or bullet should fall on the island of Vieques,” said Rep. Luis Gutierrez, D-Ill., who was arrested in one of the mass protests to drive out the Navy. 

President Bush, speaking in Sweden on Thursday, said, “These are our friends and neighbors, and they don’t want us there.” He said, “The Navy ought to find somewhere else to conduct its exercises.” 

In Puerto Rico, Gov. Sila Calderon said she was glad that the exercises would end, “but we deplore that the intention to continue with the military exercises and bombings for two additional years.” 

The lawmakers, meantime, heard from Paul Wolfowitz, the deputy defense secretary, and Navy Secretary Gordon England. 

The two officials want planning to begin now for an end to all exercises there, possibly with appointment of a study panel to look at alternative sites and ways to train to make up for the loss. 

House Democratic leader Dick Gephardt said the White House and Pentagon “could have a long time ago” started working on an alternative. Gephardt, D-Mo., said he was “sorry that they seem to be putting it off for two years.” 

At the Pentagon, officials said Bush’s decision was a big disappointment. They wondered why he the president did not await results of a scheduled November referendum, when residents of the U.S. commonwealth are to vote on the Vieques question. 

While White House spokesman Ari Fleischer said the decision was based on “the merits,” others charged that the move was a miscalculated attempt to win Hispanic votes. 

“President Bush’s announcement is a political attempt to pacify Latinos, since he knows we are the fastest-growing minority in the country and a major voting block,” said Juan Figueroa of the Puerto Rican Defense Fund said. 

The Navy, which calls Vieques the “crown jewel” of its Atlantic training sites, has used the island’s bombing range for six decades. It has said repeatedly that the site is vital to national security, uniquely combining the ability to train in land, air and sea maneuvers without interference from civilian air or sea traffic. 

——— 

On the Net: 

Pentagon’s Vieques site: http://www.navyvieques.navy.mil/ 

WASHINGTON — The vitamin C pills taken by millions of health-conscious Americans may actually help produce toxins that can damage their DNA, a step toward forming cancer cells, a laboratory study suggests. 

In a study appearing Friday in the journal Science, University of Pennsylvania researchers said they found in test tube experiments analyzing the action of vitamin C that the nutrient can act as a catalyst to help make a toxin that can injure DNA, the body’s genetic code. 

The findings do not mean that vitamin C causes cancer, said Ian A. Blair, lead author of the study, but the research does sound a warning about the use of vitamin C pills. 

“Vitamin C can do some good things, but it can do some bad things as well,” Blair said.  

“If you really wanted to be cautious, you just wouldn’t use supplementation (vitamin pills.)” 

Instead of pills, Blair said people can get all the nutrients they need through a balanced diet, particularly fruits, vegetables and grains. 

Balz Frei, a professor at the Linus Pauling Institute at Oregon State University, said the Blair study “is an important finding in understanding the chemistry of vitamin C.”  

He cautioned that the results come from a test tube study, which involves chemicals in glass lab dishes, and that the same action may not occur in living animals. 

In the study, Blair and his colleagues analyzed the effects of vitamin C on lipid hydroperoxide, a compound produced in the body from fat in the diet.  

Lipid hydroperoxide can be converted in the cell into agents, called genotoxins, that can damage DNA. 

Blair said his group found that vitamin C was highly efficient in converting lipid hydroperoxide into the gene-damaging toxins. 

“Just because you damage DNA doesn’t mean you’ll get cancer,” Blair said. “The cell has an exquisite repair mechanism for lesions in the DNA.” 

Blair said the research may explain the failure of studies that have attempted to show vitamin C can protect against cancer. 

“There are two camps – people who think vitamin C supplementation is good for you and those who think it is bad for you,” he said.  

“There is a paucity of any scientific evidence that it is really good for you.” 

Vitamin C supplementation includes not just pills, but also the addition of artificial forms of the nutrient to foods, such as juices, cereals and even candies. 

The popularity among health-conscious Americans for popping vitamin C pills was boosted by Linus Pauling, a Nobel-prize-winning chemist who advocated large doses of the vitamin.  

He routinely took 15 grams daily and was 93 years old when he died in 1994. 

However, Frei, a nutrient expert at the institution named for Pauling, said such large doses of vitamin C have not been proven to be beneficial in clinical studies. 

“The Linus Pauling Institute does not endorse megadoses,” Frei said. “Our advice is to eat a healthy diet rich in fruits and vegetables.” 

Vitamin C is an antioxidant.  

It neutralizes oxygen free radicals, which are metabolic products in the cell that can damage DNA.  

Some researchers have speculated that because of its antioxidant action, large doses of the vitamin could prevent cancer, strengthen the immune system and prevent the common cold. 

Clinical studies, though, have been disappointing, said Frei. 

“Vitamin C does not prevent a cold,” he said, although some studies suggest the nutrient may hasten recovery. 

Vitamin C can help patients lower high blood pressure, and Frei said some studies have suggested that “people in a disease state,” such as an infection, may be helped by vitamin C. 

Asked if healthy people benefit from vitamin C supplements, he said: “I don’t think we could say that.” 

The Institute of Medicine, an arm of the National Academy of Sciences, recommends that women need 75 milligrams of vitamin C daily and 90 milligrams for men. Smokers need an additional 35 milligrams. These are levels easily achieved by a balanced diet. 

Much more than that is generally useless, said Frei. A healthy body can absorb about 200 milligrams a day and the surplus is carried away with urine. 

On the Net: 

Linus Pauling: http://www.lbl.gov/Science-Articles/Archive/pauling-and-vitamin-c.ht ml 

Science study: http://www.eurekalert.org

Homeowner Helen Crawford, of Grand Rapids, Mich., had no idea her kitchen remodel would involve so many decisions. It wasn’t even two weeks into the project when, as Crawford was mulling over hinges, handles and drawer pulls for the cabinets she had chosen, her contractor called. He couldn’t even order the cabinets until he had a location approval on the appliances. And he needed her final choices on flooring and lighting fixtures and their location. As the decisions piled up, Crawford began dreading the prospect of looking through another showroom or catalog. 

Crawford was fighting off “decision fatigue,” a common reaction in homeowners new to the remodeling process who underestimate the pace and sheer number of decisions required of them in the design and product-selection stages. Any building or remodeling job requires dozens of crucial decisions that set the pace for a small army of workers and craftsmen. Slacken the pace, and you lose momentum and end up paying for downtime. Make snap decisions, and you could live with expensive mistakes for years to come. The key to avoiding decision fatigue is knowing which decisions you need to make and when to make them.  

Know What’s Coming 

Early in the planning stage, ask your contractor or architect to work up a complete room-by-room, item-by-item list of decisions your project involves. You’ll notice the list breaks out into two general categories: design and products. Design decisions include appliance location, skylight and window placement, heating duct or baseboard locations, door placement and swing direction, the number and location of outlets and lighting plans. Product decisions concern the type and size of items such as cabinets, kitchen and bath sinks, shower stalls, toilets, appliances, flooring, tile, windows, doors and electrical fixtures, along with their features. 

Nearly all of these decisions are interdependent and have far-reaching impact. For example, skylights must be chosen long before the other windows, because they can significantly affect framing done at the start of the job. A kitchen range hood could require either custom framing or dedicated electrical circuits. And floor joists beneath a large bathtub might have to be reinforced during initial framing. 

Even late installations demand early decisions on design and product. For instance, while a shower stall is one of the last fixtures to go into a bathroom, which you choose affects plumbing rough-in locations and the framing plan, both of which affect the floor-tile pattern and how much drywall is needed. The same goes for electrical fixtures, which are supplied by hidden wiring roughed in before the drywall goes up.  

Create a Calendar 

Once you have your list of decisions, work with your builder to organize them procedurally around the steps of the job. For instance, what decisions must be made before demolition? Be sure you can afford that breezeway between the kitchen door and garage before the demo crew cuts the hole, or you could end up with an unsightly patch after you refigure your budget. If you plan to reuse an existing garage door, inform your builder before the demo starts. And be sure to finalize window placement before wall framing begins, because larger windows can dramatically affect the structure and cost of a wall. For each decision on your list, assign a date by which you’ll give the builder your final choices and decisions. But be realistic. Leave enough time before each due date to do some research in magazines and showrooms and on the Internet; you’ll also have to leave time for materials to get delivered. You should be able to tackle light fixtures, cabinet accessories, stock tile and trim over several evenings at large home centers. But big-ticket stock products such as windows, doors, cabinets, appliances and sinks can take two weeks of comparison shopping. And custom cabinets, countertops and other special-order items can take months to finish and deliver. 

Use a loose-leaf binder with subject dividers for each major decision area. Fill it with notes, business cards, brochures, paint chips, fabric swatches and other information. And organize each decision area according to its due date. Then stick to those dates. Your builder will be working from the same calendar and scheduling daily tasks accordingly. If you say you’ll approve the map for the tile pattern in the kitchen by June 23, the builder will tell the tiler he can bid those plans on June 24. 

If you know that you won’t have all the particulars of, for instance, the cabinets worked out by the agreed-upon date, alert your contractor early on and see if you can supply just a partial list of cabinet features and sizes. Although you might not have settled on the style for drawer pulls and hinges, you might be able to delay those decisions if you can supply enough information — such as cabinet height and depth, backsplash height and door type — to order the cabinets on the date planned. 

Any remodeling project is a three-dimensional chess game where each step affects all the others. Seemingly minor decisions like cabinet trim and backsplash tile can be as important as major ones like window and tub placement. Keep your promises, and you’ll find it easier to insist your contractor does, too. Timely decision-making puts the performance onus on him and reduces the chance of error. Best of all, you won’t hear the contractor say he could have done a better job if only he had had more time. 

A steel pole is as good as it gets when it comes to structural support. However, such a round steel column can be an eyesore when poised beneath a beautiful wooden patio cover made of square-edged wood trim. 

Did you ever wonder what you were going to do with that ugly, round, unfinished tubular-beam-support that had to be plopped square in the middle of your soon-to-be finished basement? 

Because a pole is steel doesn’t mean it can’t be interesting. Try using giant hose clamps (check out the plumbing supply store in your area for the really big ones) as hidden (or brightly painted and visible) hangers to mount or display various decorations. Sea horses, lanterns and thermometers are great for outdoors. And pegboard, pin boards and chalkboards are excellent inside additions. 

If you want to disguise your steel pole to match surrounding architecture, there are many options. First, there are two basic procedures used to enclose them and then, on top of those, there are an infinite number of interesting finishes that can be applied. The beginning step is enclosure or “how to build around a steel pole without filling it full of holes.” If you are good at mitering corners (you’ll probably need a good table saw), you might want to miter the two long edges of four wood planks and fit the miters together to create a four-sided box. There are a couple of important things to consider here. First, you must use kiln-dried wood. Any material with much moisture content will eventually dry out, shrink, twist and/or split, and end up looking terrible. Also, although 1x material is acceptable it is better if the material is a hardwood. Softer woods such as pine or cedar are easier to work with, but there is more strength in oak or ash. 

The other method of enclosure involves the construction of two tiny walls – 2x material can be used on edge to build walls that are 1-1/2-inches thick. The walls are placed on opposite sides of the pole – you pick the sides – and blocks at the bottom and top hold the walls together and to the ceiling and floor. The length of the walls can be anything you want, and the length of the blocks that join them also can be any dimension. 

With the wall frames built, paneling, plaster, wallboard or planking can be used to conceal the frame. This same enclosure can be used to conceal wiring for plugs or lights. You’ll have a wall in the middle of the room with two or three or even four vertically mounted track light systems. 

Finally, your new pole-cover can be decorated with texture, paint, wallpaper, mirrors, widgets or any combination thereof. We don’t recommend drilling into the pole. If the pole is structural, drilling into it could be a serious problem.  

Some poles just hold weight from above, but others resist wind load or vertical stresses. If you are determined to drill holes into a metal support column, consult a structural engineer first. 

A small housing isn’t your only choice. A special cabinet can be designed to surround one or more poles. Room separators can be built, creating multiple areas. A lower cabinet with pole-supported open shelving can be beautiful. Install the lower cabinet with the pole at one end. Then install a look-alike pole at the other end, and mount glass shelves. 

What about a cabinet or bookcase or entertainment center that goes from the pole in question to an adjacent wall. For outdoors, large walls can be built around poles to hold planters, swimming-pool accessories and more. The choice is yours. 

For more home improvement tips and information visit our web site at www.onthehouse.com. 

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Readers can mail questions to: On the House, APNewsfeatures, 50 Rockefeller Plaza, New York, NY 10020, or e-mail Careybro(at)onthehouse.com. To receive a copy of On the House: Plumbing or On the House: Painting, send a check or money order payable to The Associated Press for $6.95 per booklet and mail to: On the House, PO Box 1562, New York, NY 10016-1562, or through these online sites: www.onthehouse.com or apbookstore.com. 

TRENTON, N.J. — A deal for struggling Lucent Technologies Inc. to sell two Midwest manufacturing plants for sorely needed cash reportedly has collapsed. 

The telecommunications equipment maker refused Thursday to confirm a report in The Wall Street Journal that plans to sell plants in Oklahoma City and Columbus, Ohio, to an Asian contract manufacturer had fallen through. 

“We’re not commenting on speculation,” said Bill Price, a spokesman for Murray Hill-based Lucent. 

Lucent, once a high-flying technology giant and Wall Street favorite, disclosed plans to sell the two facilities when it announced a sweeping cost-cutting and restructuring program back in January. 

On Thursday, Price said Lucent is negotiating with multiple bidders interested in the plants. 

“We expect to make our selections early this summer and have the transitions completed by the end of the fiscal year,” which is Sept. 30, he said. 

The Journal reported that sources familiar with the deal said Lucent expected to raise $600 million to $900 million by selling the two plants to Flextronics International Ltd., which is registered in Singapore but has corporate offices in Hong Kong. Flextronics officials could not be reached Thursday for comment and earlier declined to comment to the Journal. 

Price would not confirm a collapse of the Flextronics deal, or even that the company was one of the bidders. 

Shares of Lucent were down 49 cents to close at $6.75 Thursday on the New York Stock Exchange. 

If Lucent cannot sell the plants by summer’s end, plans to spin off its microelectronics unit, Allentown, Pa.-based Agere Systems, could be jeopardized. 

Under terms of its $4 billion revolving credit line, by Sept. 30 Lucent must raise $2 billion from sources other than product sales. Options include selling assets, such as the profitable optical fiber business Lucent wants to sell for several billion dollars, or by selling new stock or bonds. 

“We have multiple ways to do that and we’re confident we’ll be able to do that,” Price said. 

Falling demand for telecommunications equipment reportedly have cut bids for the optical fiber unit from $6 billion to $8 billion down to about $4 billion. 

But with Lucent’s corporate credit rating downgraded to “junk” status on Tuesday, a reported plan to offer up to $1 billion of convertible preferred stock – bonds that can be converted to stock – will be more expensive to execute. Price declined comment on the plan, reported by the Journal. 

Lucent, home of the Bell Labs research operation and a 1996 spinoff of AT&T, grew rapidly early on, then shocked Wall Street with repeated warnings it would miss earnings targets, starting in fall 1999. Its stock went into a tailspin as competitors captured market share with faster optical telecommunications equipment. The continuing problems cost chief executive Richard McGinn his job. 

——— 

On the Net: 

http://www.lucent.com 

SAN JOSE — Adobe Systems Inc. surpassed Wall Street expectations with its second-quarter earnings Thursday, but said the economic slowdown has spread abroad and will flatten revenues in the upcoming quarter. 

For the three months ending June 1, Adobe earned $61.3 million, or 25 cents per share, compared with $65.8 million,or 26 cents a share, the same time a year ago. 

Excluding one-time items, the company said it earned $121.5 million, or 34 cents per share, compared to $97 million in the year-ago period. 

Analysts surveyed by Thomson Financial/First Call had expected Adobe to show a per-share profit of 29 cents in the second quarter. 

The San Jose-based company, the leader in desktop publishing software, reported that revenue for the three months was $344.1 million, up 15 percent from $300.1 million a year ago. 

The results were helped in part by the release of Adobe Acrobat 5.0, a new version of the portable document format, or PDF, reader that has become a de facto standard for document distribution on the Web.  

The product achieved record revenues, the company said, and led the so-called e-Paper Solutions segment to a 67 percent revenue growth rate for the quarter. 

But company officials said they expect overall revenues will flatten in the upcoming quarter, citing the continued slowdown of sales it experienced in Europe and North America during the second quarter.  

The company also factored in a “potential slowdown” in Asia. 

The company did not give specific numbers but said it expects year-over-year revenue growth to improve in the fourth quarter when major product upgrades will be rolled out. 

Chief executive Bruce Chizen reassured analysts during a conference call that the company does expect to “return to revenue growth rates in the mid 20s once the economic downturn has subsided.” 

“But will it happen as soon as the fourth quarter? Will the econonmy turn around that quickly? I don’t think so,” Chizen said later in an interview. 

With the Nasdaq Stock Market reeling from profit warnings from other high-tech companies, shares of Adobe closed down $1.17, or 2.9 percent, at $39.01 Thursday. Following the results after the market close, the stock price rose to $39.55. 

——— 

On the Net: 

http://www.adobe.com 

GOTEBORG, Sweden — President Bush sparred Thursday with European leaders over climate change, unwavering in his opposition to a global warming treaty. Sweden’s prime minister accused Bush of pursuing “wrong policies” that endanger the environment. 

Emotions ran high in this quaint seacoast city as demonstrators hurled bottles and cobblestones to protest globalization, the European Union and Bush policies. Police arrested more than 200 as the president met with EU leaders at the midpoint of his first overseas trip. 

At the meeting behind metal barricades, Bush sought to minimize differences with EU Commission President Romano Prodi and Swedish Prime Minister Goeran Persson, whose nation holds the organization’s rotating presidency. 

“We don’t agree on the Kyoto Treaty, but we do agree that climate change is a serious issue and we must work together,” Bush said at a news conference with Prodi and Persson.  

It was the second day of U.S.-European discord after a breach among NATO allies Wednesday over Bush’s plans for a missile defense system. 

Bush put Prodi on the spot – encouraging a question about the failure of EU countries to ratify the same global warming treaty that Bush is criticized for rejecting. The president also attended a working dinner with the presidents and prime ministers of 15 EU nations. 

The Europeans said they would press to ratify the 1997 pact – known as the Kyoto accord for the Japanese city where it was signed – while Bush pursued a more modest initiative to boost research and technology that could reduce global warming. 

The United States and EU also: 

• Agreed to move toward a new round of global trade talks when the World Trade Organization meets in November. The two sides have a series of disputes pending, notably over EU fears that Washington is moving to block steel imports and over European restrictions on genetically modified food imports. 

•Urged Israel and the Palestinians to keep their cease-fire. 

•Renewed their commitment to peacekeeping missions in the Balkans. 

After a stop Friday in Poland, Bush will conclude his five-nation trip Saturday in Slovenia, where he will meet Russian President Vladimir Putin. The contentious subject of missile defenses will be at the top of the agenda there. 

“Russia is not the enemy of the United States,” Bush said Thursday. 

He added, “Russia ought not to fear a Europe – Russia ought to welcome an expanded Europe on her border.” 

On global warming, Bush dismayed governments and environmentalists worldwide when he announced in March that he was abandoning the Kyoto Protocol. The treaty marked the first time that the world’s industrialized nations had committed to binding limits on the heat-trapping gases that many scientists say threaten catastrophic changes in the planet’s climate. 

Persson withheld criticism of Bush during the news conference, but said afterward that his position is a heavy blow to the international effort against global warming. 

“It will have a tremendous impact, sorry to say, because it would have sent an extremely strong signal if the U.S. had stuck with the Kyoto protocol,” Persson said. 

The United States is the world’s largest producer of heat-trapping gases and Persson said its leadership would have prodded developing countries to join the cause. 

“I think he has the same strong commitment to going ahead with the climate change” fight, the prime minister said of Bush. “The problem is we think that he chose the wrong policies and I have the impression that he thinks the same way about Europe.” 

Indeed, the president jumped at the chance to highlight the fact that Europe has not rushed to ratify the four-year-old treaty. It came when he was asked why the action of European leaders has not been as forceful as their rhetoric. 

“I think that’s a good question for President Prodi,” Bush replied with a smile. Turning to Prodi, he mischievously added, “I would be interested in your answer.” 

Prodi’s reply was terse: “There is not one single country who has declared not to ratify it.” 

White House advisers privately said the exchange underscored what they consider to be an element of hypocrisy in the EU’s criticism of Bush. For his part, the president said, “I don’t believe there’s any politics, necessarily.” 

Even before Bush turned his back, the treaty had a rough history in the United States. 

President Clinton had said he supported the pact but never sent it to the Senate. On its own, the Senate unanimously rejected the accord in a symbolic vote. 

Bush disavowed the pact in March, saying it largely exempts developing nations and would harm the U.S. economy. Advisers now concede they did not adequately brace the public or U.S. allies for the action. 

“We welcome the fact that President Bush and the U.S. administration have now recognized the scientific basis of climate change and have agreed to a research program to look at the issue,” said a spokesman for British Prime Minister Tony Blair. 

Persson said Bush and the EU would establish “some type of procedure” that will help the allies cooperate on the issue. Bush promised “new channels of cooperation.” 

JERUSALEM — A Palestinian shot and killed an Israeli army intelligence officer Thursday, marring the first day of a truce worked out by CIA director George Tenet. 

Israel’s military received orders to begin implementing the truce, but stopped pullbacks in places where violence persisted, including the road leading to the southern entry of Jerusalem, site of the shooting. 

Israeli tanks on carriers rumbled back from forward positions in Gaza. At the Netzarim junction, a flashpoint throughout more than eight months of fighting, Palestinians threw rocks at Israeli soldiers after a tank was withdrawn. 

Elsewhere, Israeli soldiers dismantled roadblocks, with forklifts hauling concrete barriers onto trucks. Israel allowed some Palestinians to leave through the Rafah crossing point to Egypt for the first time since June 2, after a Palestinian suicide bomber struck Tel Aviv, killing 21 people, most of them Israeli teen-agers. Also, Israel allowed the reopening of the Allenby Bridge between the West Bank and Jordan. 

Israeli and Palestinian security commanders met in the Gaza Strip to coordinate implementation of the truce. 

However, incidents of violence on both sides threatened the cease-fire. 

Lt. Col. Yehuda Edri, 45, a plainclothes army intelligence officer, was killed in a shooting attack on a main West Bank road. Israeli military sources said he apparently had been meeting with a Palestinian informant. 

After killing Edri and wounding one of his guards, the Palestinian was shot and killed by an Israeli soldier, the military said. 

The Palestinian was identified as Hassan Abu Shaireh, 30, from the Azza refugee camp in Bethlehem. Activists said he wanted to avenge the November killing of Hussein Abayat of Palestinian leader Yasser Arafat’s mainstream Fatah organization, who was killed by Israeli helicopter rocket fire. 

At the refugee camp, Abu Shaireh’s relatives opened their house to mourners. 

“Hassan sacrificed himself for Palestine,” his 51-year-old sister, Fatimah Abu Shaireh, said, crying. “He will not be the last martyr. ... All of us are ready to sacrifice until we achieve all our rights.” 

A leaflet signed by the Hussein Abayat Brigade claimed responsibility for the shooting. A man, his face covered by a checked kaffiyeh headdress and identified as a member of the Fatah military wing, told Abu Dhabi television that his group took “full responsibility for this act of heroism.” 

He also said the cease-fire applies only to areas under Palestinian control. The road where the shooting took place is under Israeli control. 

Raanan Gissin, an aide to Israeli Prime Minister Ariel Sharon, said that in places where the cease-fire doesn’t hold, Israel will not pull back its forces. The Tenet agreement calls for troops to pull back to the positions they held before fighting broke out Sept. 28. 

Along the road where the Israeli officer was killed, Gissin said “there is not a cease-fire, so we will not redeploy there.” 

Maj. Gen. Giora Eiland, chief of Israeli military operations, said it is too early to say whether the Palestinians are putting enough effort into ensuring the cease-fire. “So far we are not very pleased with the results,” Eiland said. 

In other incidents Thursday, Palestinians fired mortar shells at a Jewish settlement in Gaza, Palestinians and Israelis exchanged fire near Nablus, and near Khan Younis in Gaza, Palestinians said Israeli forces fired on demonstrators, wounding six, one critically. Israeli military sources said soldiers fired at the legs of rioters. 

Fatah activists at a rally of about 2,500 people in Rafah said Fatah members had fired Thursday’s mortar shells at the nearby Morag settlement. 

According to the truce terms, both sides must prevent violence. Palestinians must collect illegal weapons, including mortars, and Israelis are not to use lethal weapons against Palestinian demonstrators. 

Israeli police were investigating an attack Wednesday in the West Bank, in which a Palestinian was killed in a drive-by shooting. In messages to Israeli reporters a previously-unknown Jewish group claimed responsibility, indicating the shooting was revenge for Palestinian attacks. 

Jibril Rajoub, the Palestinian security chief in the West Bank, said the incident was “proof the Israelis fail to control the settlers and control their people.” 

Israeli settlers and hard-liners demonstrated Thursday in Jerusalem, blocking roads and calling for retaliation for Palestinian attacks. Ten were arrested. 

The City Council voted Tuesday to send a housing safety ordinance – called for after the deaths of three people in accidental fires over the last year – back to a subcommittee for fine tuning. 

The council requested the ordinance after the November deaths of UC Berkeley student Azalea Jusay, 21 and her parents, Francisco and Florita, both 46, in a house fire at 2160 Martin Luther King Jr. Way. The following January, UC student Brad Evans, 23, died in a house fire in Oakland.  

The council approved the motion to send the ordinance, known as the Rental Housing Safety Program, back to a Housing Advisory Subcommittee by a vote of 5-4 with Vice Mayor Maudelle Shirek and councilmembers Dona Spring, Kriss Worthington and Linda Maio voting in opposition. 

The council requested the subcommittee work with landlords and tenants to clarify landlord fees that will pay for the program, finalize a uniform check list that will be used as a guide during property inspections and clarify issues related to the scope of inspections. 

Councilmember Polly Armstrong included in the motion that the fine tuning be expedited. 

“If we send this back it should be with the clear understanding that it comes back in one month with the results of the continuing conversations so we can have it in place by the fall,” she said 

Spring, who called on the council to approve the ordinance first, then fine tune the details later, said the ordinance had already been worked on long enough.  

“We’ve been working on this proposal for a long time,” she said on Wednesday. “It was nearly a year ago we had those deaths on Martin Luther King Jr. Way and staff has been working very hard to get this ordinance in place in a timely manner.” 

Interim Housing Director Stephen Barton said the Housing Advisory Subcommittee has worked successfully in recent months with landlords, tenants and the university to develop the ordinance. 

The proposed ordinance, which is estimated to cost $450,000 the first year, would create a two-pronged inspection process that would require landlords to inspect their rental units once a year using a uniform check list. Landlords would be looking for fire dangers such as faulty smoke detectors, blocked windows and doorways and combustible materials stored near heaters. 

The city would carry out another inspection while the units become vacant. If safety violations were discovered the city would charge the landlord a fee for re-inspection, which would be between $100 and $200. 

About 30 landlords attended the meeting to complain that the ordinance is not ready to be approved and still needs to have the rough edges worked out. 

Berkeley Property Owners Association member Michael Wilson said there is consensus among landlords and tenants that a housing safety ordinance is needed, but the question remains if this ordinance fair and effective. 

“There is not an argument with the goal of safer housing,” Wilson said. “The question is how to create a law that suits both landlords and tenants.” 

Wilson said landlords would like to see the fee structure changed to give well-meaning owners an opportunity to repair safety violations before being charged the re-inspection fee. He also said there’s concern about the scope of the city inspections. 

“If the city is charging $100 to $200 for re-inspection, there might be a built-in incentive to find violations that are not directly a threat to heath and safety,” he said.  

UC Berkeley student and HAC Commissioner Andy Katz said the ordinance was ready to be approved and the one-month delay will likely mean that a large amount of vacancies won’t be inspected before students return for classes in August. 

“The ordinance was ready to go,” Katz said. “We could have made changes to the fee structure after it was approved. Now the goal of this program, to get more inspections and create a safer environment for students and Berkeley renters, has been delayed by the City Council.” 

The ordinance is scheduled to be back on the council’s agenda on July 24.

Thursday, June 14

Summer Noon Concerts 2001 

Noon - 1 p.m. 

Downtown Berkeley BART Plaza 

Shattuck at Center St. 

Weekly concert series, every Thursday at Noon. Bring your lunch and enjoy The Municipal Standards Trio today. 

Camping and Hiking Slide  

Presentation 

7 p.m. 

REI 

1338 San Pablo Ave. 

Guidebook author Tom Stienstra gives a slide presentation on where to go hiking and camping this summer in the Sierra and Shasta region. Free. 527-4140 

Berkeley School Volunteers 

10:30 a.m. - Noon 

1835 Allston Way 

Orientation for volunteers interested in helping in summer academic and recreation programs. 644-8833 

Fair Campaign Practices  

Commission Meeting 

7:30 p.m. 

North Berkeley Senior Center 

1901 Hearst Street 

Special meeting to discuss and act upon, among other items, possible violations of the Berkeley Election Reform Act. 981-6950 

Adventures In Nature: Panama 

7:30 p.m. 

Easy Going Travel Shop and Bookstore 

1385 Shattuck Avenue 

William Friar, writer for Contra Costa Times and author of a new travel guide to Panama, will give a slide presentation and talk on Panama’s wildlife, history and culture. Free. 843-3533 

Friday, June 15

Free Writing, Cashiering  

& Computer Literacy Class 

9 a.m. - 1 p.m.  

AJOB Adult School  

1911 Addison St.  

Free classes offered Monday through Friday. Stop by and register or call 548-6700. 

www.ajob.org 

Living Philosophers  

10 a.m. - Noon  

North Berkeley Senior Center  

1901 Hearst Ave. Hear and entertain the ideas of some modern day philosophers: Jacob Needleman, J. Revel, Hilary Putnam, John Searle, Saul Kripke, Richard Rorty and others. Every Friday, except holidays. Facilitated by H.D. Moe.  

Therapy for Trans Partners  

6 - 7:30 p.m.  

Pacific Center for Human Growth  

2712 Telegraph Ave. A group open to partners of those in transition or considering transition. Intake process required. Meeting Fridays through August 17. $8 - $35 sliding scale per session 548-8283 x534 or x522 

City Commons Club,  

Luncheon and Speaker 

11:45 a.m. 

Berkeley City Club 

2315 Durant Ave. 

This week featuring Edward Fox on “Regional Development Plans of The Wilderness Society.” Come early for social hour. Lunch at 11:45 for $11-$12.25. Come at 12:30 to hear the speaker only for $1, students free. Reservations required for three or more.  

848-3533 

Saturday, June 16

Berkeley Farmers’ Market 

10 a.m. - 3 p.m. 

Center Street between Martin Luther King Jr. Way and Milvia Street 548-3333 

Berkeley Arts Festival  

Music Circus 

1 p.m. - 5 p.m. 

Shattuck Ave. between University Ave. and Channing Way 

Free bus fare to and from the event offered by AC Transit. 665-9496. Free. 

Botanical Garden Spring Party 

3 - 6 p.m. 

UC Berkeley Botanical Garden 

200 Centennial Drive 

Celebrating the completion of the new Arid House and the renovation of the Southern African area. Food, wine and jazz. Fundraiser for the Garden, $25 per person. 

643-2755 

Puppet Shows on Cultural and Medical Differences 

1:30 p.m. and 2:30 p.m. 

Hall of Health 

2230 Shattuck Ave. (lower level) 

Two shows for kids of all ages and their families promote acceptance and understanding of cultural and medical differences. Free. 

549-1564 

Poets’ Corner 

1:30 - 4 p.m. 

Shattuck and Kittredge 

Ten poets will read on the downtown street corner as a kick-off event for the two-week Berkeley Arts Festival. 

649-3929 

Energy Crisis 

2 p.m. 

6501 Telegraph Avenue 

Oakland 

“Why They Can’t Keep the Lights On and What We Can Do About It.” Graham Brownstein and other panalists provide information on the corporate rip-off sometimes referred to as the “energy crisis.” 

595-7417 

Sunday, June 17

Carefree/Carfree Tour 

11 a.m. 

Berkeley Amtrack Station  

Foot of University Ave. 

Berkeley Arts Festival tour of coastlines installation guided by landscape architect Tom Leader. Walk culminates on the Berkeley Marina. 

486-0411 

Carefree/Carfree Tour #2 

1 p.m. 

Berkeley Arts Festival Gallery 

2200 Shattuck Ave. 

Bus and walk to: The Crucuble, workshop of arts and the industry; Bay Area Center for the Consolidated Arts; and the Juneteenth Celebration, annual street fair of African-American Roots with music, dance and food. 486-0411 

The Discord Aggregate 

Intersection 

7 p.m. 

Gathering of local artists, poets, musicians, composers and others. Non-profit group meets every three to four weeks. This week, Tasmanian photographer Tony Ryan will present his work. For location and other information e-mail alemap@discord-aggregate.com 

Music and Meditation 

8 - 9 p.m. 

The Heart-Road Traveller 

1828 Euclid Ave. 

Group mediation through instrumental music and devotional songs, led by Lucian Balmer and Baoul Scavullo. Free. 

496-3468 

Buddhist Mantra/Healing 

6 p.m. 

Tibetan Nyingma Institute 

1815 Highland Place 

Bob Byrne on “Mantra and Healing,” a deep and personal kind of healing. Free. 

843-6812 

— compiled by  

Sabrina Forkish and Guy Poole 

Monday, June 18

Raging Grannies Meeting 

7 p.m. 

1924 Cedar Fellowship Hall 

UC Berkeley 

East Bay/San Francisco Raging Grannies organizing meeting. Celebrate life with laughter and song. 

528-5403 

Reddy must pay for his crimes 

The Daily Planet received the following letter addressed to the judge presiding over the Lakireddy Bali Reddy case. Reddy has been found guilty of sex, tax and immigration offenses. He is to be sentenced Tuesday. 

Dear Judge Armstrong: 

I am writing to implore you to ignore the prosecutors’ recommendation that Lakireddy Bali Reddy receive the outrageously minimal sentence of only 5 to 6.5 years in prison, and that he pay only $2 million in restitution to three surviving victims and the parents of the dead girl for his many heinous crimes.  

I consider it a disgrace that Reddy was permitted to get away with only pleading guilty to “two counts of transporting minors for illegal sexual activity, one count of conspiring to commit immigration fraud and one of filing a false tax return”!  

Even the logic of pleading guilty to two counts of transporting minors for so-called illegal sexual activity, yet paying restitution to three surviving victims and the parents of a fourth victim who died, makes no sense.  

The recommended sentence is scandalous - a mere rap on the knuckles for Reddy - whose property holdings alone are worth more than $50 million. It is ludicrous and completely unjust that Reddy could get the same 5-year sentence recommended for Venkateswara Vemireddy for being solicited by Reddy for posing as the two sisters’ father to enable their illegal entry into the United States. This is an example of a flagrantly unjust double standard of justice - one for the rich and powerful and another for everyone else. 

I understand that 38 years is the maximum prison sentence permitted for the crimes to which Reddy pleaded guilty. I beg you to exercise your prerogative to sentence Reddy on June 19, 2001, to this maximum number of years of incarceration. Even if you do so, Reddy will still not have been held accountable for the rape of young girls and the death of Chanti because he hasn’t been prosecuted for these crimes. In short, Reddy has been permitted by the legal system to get away with the rape of at least 15 minors (the number cited in the press in the context of the civil case that will be occurring in the future), and possibly with the murder of one of them! 

Following is a summary of my views of Reddy and his crimes: 

• Reddy is a slave trader and trafficker of impoverished girls from India for so-called “illegal sexual activity” (i.e., rape) and cheap or unpaid labor. 

• Reddy is a practicing pedophile and a serial rapist of young women and underage girls in Berkeley for almost 15 years, and additional years in India.  

• Reddy is guilty of negligent homicide for not repairing the gas leak in one of his apartments where he had housed three of his sex slaves, causing the death of one and the severe carbon monoxide poisoning of another.  

Finally, you should be aware that the Berkeley City Council passed a resolution Dec. 19, 2000 supporting Women Against Sexual Slavery’s boycott of Reddy’s Pasand restaurant in downtown Berkeley, as well as resolving: 

“that the Council of the City of Berkeley supports strong sentencing for cases involving trafficking of women and children due to the serious human rights violations and unethical, inhumane treatment toward women and children.” 

Please bear in mind this resolution by the elected representatives of Berkeley - including the mayor - as well as my views when you decide on Reddy’s sentence . 

Diana E. H. Russell, Ph.D. 

Member of Women Against Sexual Slavery 

Berkeley 

Bush has some good news for all of us 

Editor: 

We haven’t had much good economic news in California recently, which is why it was particularly gratifying to watch President George W. Bush take pen in hand and affix his signature to a $1.35 trillion dollar tax cut. 

Only 125 days into office and the President has pushed through a bipartisan tax cut that slashes taxes across the board for every single tax paying American. That kind of all-inclusive tax cut hasn’t taken place since Ronald Reagan provided similar relief to the taxpayers. 

President Bush told us during the campaign that he was going to lower our taxes, and now he has. He also told us he was going to change the tone in Washington, and he is doing that as well.  

The president signed this tax cut flanked by both Republicans and Democrats providing a model for bipartisan government that is void of mean spirited politics. 

The President honed his approach to open honest bipartisan politics as the successful governor of a large state, Texas. He demonstrated that an effective chief executive could extend a hand across the aisle and forge solutions for the good of the citizens. 

The President gave credit for this tax relief bill to both Republicans and Democrats.  

How refreshing to have a President who isn’t worried about who gets the credit, but is more interested in real results. 

Our governor, Gray Davis, could take a few lessons from President Bush. 

Davis’ response to our state’s energy crisis as been to try to assign blame instead of implementing solutions.  

Instead of marshalling the resources of his office toward solving the energy supply shortage by using his emergency powers to expedite the construction of power plants; Davis is using taxpayer dollars to hire the “spin doctors” who handled the Whitewater and Lewinsky 

scandals in the Clinton White House. This commitment to place politics above governing threatens California’s future. 

The great irony for Davis is that as he points his blaming finger at others an examination of the facts turns the wagging finger back at the Governor himself. 

Last month, Davis appeared on ABC’s “This Week” and claimed that the state’s utilities could have secured long-term power contracts last year at low prices, but they refused to do so. 

Davis is either misleading the public or he does not grasp reality. 

The reality is, both of the major utilities had asked the Public Utilities Commission for the ability to secure long-term contracts and avert the current crisis. The chairwoman of the PUC, a former Clinton White House lawyer assigned to scandal control and appointed by Davis, blocked such 

contracts. Furthermore, Davis could have exercised his authority to allow those contracts and he refused to do so. 

If Gray Davis had shown even the smallest amount of decisive leadership last year, we likely wouldn’t be facing a summer of blackouts and state budget deficits.  

Now, the man who created this mess is obsessed with blaming President Bush. Shameful. 

Meanwhile, as gasoline prices skyrocket, Davis has proposed a state budget that raises the sales tax on goods, including fuel, by a quarter cent. 

Davis is turning into the worst kind of politician. He’s obsessed with his own political fortunes. He’s afraid to make decisions that aren’t guided by pollsters. The net results have been an electrical crisis, escalating electricity rates and now higher taxes. 

George Bush’s tax rebate will arrive just in time for Californians to pay for the higher costs of living that Gray Davis is imposing upon us. The Bush dividend will unfortunately have to be a down payment on for your Davis tax! 

Shawn Steel 

Chairman, California  

Republican Party 

Habitot Children’s Museum “Back to the Farm” An interactive exhibit gives children the chance to wiggle through tunnels, look into a mirrored fish pond, don farm animal costumes, ride on a John Deere tractor and more. “Recycling Center” Lets the kids crank the conveyor belt to sort cans, plastic bottles and newspaper bundles into dumpster bins. $4 adults; $6 children age 7 and under; $3 for each additional child age 7 and under. Monday and Wednesday, 9:30 a.m. to 1 p.m.; Tuesday and Friday, 9:30 a.m. to 5 p.m.; Thursday, 9:30 a.m. to 7 p.m.; Saturday, 10 a.m. to 5 p.m.; Sunday, 11 a.m. to 5 p.m. (closed Sundays, Memorial Day through Labor Day) Kittredge Street and Shattuck Avenue 647-1111 or www.habitot.org  

Judah L. Magnes Museum “Telling Time: To Everything There Is A Season” through May 2002. An exhibit structured around the seasons of the year and the seasons of life with objects ranging from the sacred and the secular, to the provocative and the whimsical. 2911 Russell St. 549-6950  

The Asian Galleries “Art of the Sung: Court and Monastery.” A display of early Chinese works from the permanent collection. “Chinese Ceramics and Bronzes: The First 3,000 Years,” open-ended. “Works on Extended Loan from Warren King,” open-ended. “Three Towers of Han,” open-ended. $6 general; $4 seniors and students age 12 to 18; free children age 12 and under; free Thursday, 11 a.m. to noon and 5 p.m. to 9 p.m. Wednesday, Friday through Sunday, 11 a.m. to 5 p.m.; Thursday, 11 a.m. to 9 p.m. 642-0808 

UC Berkeley Museum of Paleontology Lobby, Valley Life Sciences Building, UC Berkeley “Tyrannosaurus Rex,” ongoing. A 20 by 40-foot replica of the fearsome dinosaur made from casts of bones of the most complete T. Rex skeleton yet excavated. When unearthed in Montana, the bones were all lying in place with only a small piece of the tailbone missing. “Pteranodon” A suspended skeleton of a flying reptile with a wingspan of 22-23 feet. The Pteranodon lived at the same time as the dinosaurs. Free. Monday through Friday, 8 a.m. to 5 p.m.; Saturday and Sunday, 1 p.m. to 5 p.m. 642-1821 

UC Berkeley Phoebe Hearst Museum of Anthropology “Approaching a Century of Anthropology: The Phoebe Hearst Museum,” open-ended. This new permanent installation will introduce visitors to major topics in the museum’s history. “Ishi and the Invention of Yahi Culture,” ongoing. This exhibit documents the culture of the Yahi Indians of California as described and demonstrated from 1911 to 1916 by Ishi, the last surviving member of the tribe. $2 general; $1 seniors; $.50 children age 17 and under; free on Thursdays. Wednesday, Friday through Sunday, 10 a.m. to 4:30 p.m.; Thursday, 10 a.m. to 9 p.m. Kroeber Hall, Bancroft Way and College Ave. 643-7648  

Lawrence Hall of Science “Math Rules!” A math exhibit of hands-on problem-solving stations, each with a different mathematical challenge. “Within the Human Brain,” ongoing. Visitors test their cranial nerves, play skeeball, master mazes, match musical tones and construct stories inside a simulated “rat cage” of learning experiments. “Saturday Night Stargazing,” First and third Saturdays each month. 8 - 10 p.m., LHS plaza. Computer Lab, Saturdays 12:30 - 3:30 p.m. $7 for adults; $5 for children 5-18; $3 for children 3-4. 642-5132 

Holt Planetarium Programs are recommended for age 8 and up; children under age 6 will not be admitted. $2 in addition to regular museum admission. “Constellations Tonight” Ongoing. Using a simple star map, learn to identify the most prominent constellations for the season in the planetarium sky. Daily, 3:30 p.m. $7 general; $5 seniors, students, disabled, and youths age 7 to 18; $3 children age 3 to 5 ; free children age 2 and younger. Daily 10 a.m. to 5 p.m. Centennial Drive, UC Berkeley 642-5132 or www.lhs.berkeley.edu  

924 Gilman St. All shows begin at 8 p.m. unless noted $5; $2 for year membership. All ages. June 15: Strike Anywhere, Missing 23rd, Crispus Attacks, Planes Mistaken For Stars, Deadlock Frequency; June 16: Nerve Agents, American Nightmare, Fields of Fire, Affront, Scissorhands. June 22 Hoods, Fall Silent, Clenched Fist, Osiva, Hellcrew; June 23 The Hellbillies, The Fartz, The Tossers, Ruodp, The Fightbacks; June 29 Barfeeders, Pac-Men, Hell After Dark, A.K.A. Nothing, Maurice’s Little Bastards 525-9926  

Albatross Pub Music at 9 p.m. unless noted otherwise. June 14/21/28: Keni “El Lebrijano”; June 19: pickPocket Ensemble; June 20: Whiskey Brothers; June 26 Mad & eddie Duran Jazz Duo; June 30: Larry Stefl Jazz Quartet 1822 San Pablo Ave. 843-2473  

Anna’s Music at 8 p.m. June 14: Richard Kalman Combo; June 15,22,29,30: Anne & Susie Larain and Sallie Hanna-Rhine; June 16: Robin Gregory & Bliss Rodriguez; Aleph Null; June 18,25: The Renegade Sidemen; June 19 Jason Martinwau; June 20,27: Bob Schoen Jazz Quartet; June 21: The Jazz Singers Collective; June 23:The maestro Rich Kalman & His Jazz Trio; June 24 The Joe Livotti Sound; June 26: Tangria; June 28: ConFusion. $2 weeknights, $3 weekends. 1801 University Ave. 849-ANNA  

Ashkenaz June 14: 10 p.m., Dead DJ Nite with Digital Dave; June 15: 9 :30 p.m., Winston Jarrett with special guests; June 16: 9:30 p.m., Amandla Poets; June 17, 6 p.m.: Ray Cepeda and the Neo Maya Experience; June 19, 9 p.m.: Brass Menagerie; June 20, 9 p.m.: Gator Beat; June 21, 10 p.m.: Digital Dave; June 24: 8 p.m.: Babatunde Olantunji; June 26: 9 p.m., DP & The Rhythem Riders; June 27, 8 p.m.: Fling Ding/Circle R Boys/Dark Hollow; June 28, 9 p.m.: Monkey/Stiff Richards/ Go Jimmy Go.1370 San Pablo Ave. 525-5054 or www.ashkenaz.com 

Blakes June 17, 9 p.m.: Third Eye Movement’s Straight Buldin Tour 2001 featuring Red, Guard, Renaissance, Bored Stiff, Deuce Eclipse, Gazzi and SoulSistaSoul. Hosted by Rob Jamal of nommo; 2367 Telegraph; for more info call 238-8080 x310 

Freight & Salvage All music at 8 p.m. June 13: Danu; June 14: Guy Davis; June 15: The Laurie Lewis Trio; June 16: Rova Saxophone Quartet. $17.50; June 17: Sean Tyrrell and Tommy Peoples; June 19: Toshi Reardon; June 20 Cliff Eberhardt; June 21 Rachel Garlin, $15.00 advance, $16.50 door; June 22: Sourdough Slim w/ Blackwood Tom; June 23: Lara & Reyes; June 24; Darryl Purpose, Dave Carter & Tracy Grammar; 1111 Addison St. www.freightandsalvage.org; 548-1761 

Jupiter All shows at 8 p.m. June 14: Beatdown with DJs Delon, Yamu, Add1; June 15: Steven Emerson; June 16: Nucleus; June 19: Mas Cabeza; June 20: Wavelord; June 21: Beatdown w/ DJ’s Delon, Yamu & Addi; June 22: Realistic; June 23: Wayside; June 26: Bruno Pelletier Trio; June 27: O Maya; June 28: Beatdown w/ DJ’s Delon, Yamu & Addi; June 29: Zoe Ellis Quartet; June 30: Go Van Gogh 2881 Shattuck Ave 843-8277 

La Peña Cultural Center June 15, 8 p.m.: TIJUANA NO! with Caradura and Prophets of Rage Dj La Viuda Negra. 3105 Shattuck Ave. 849-2568 www.lapena.org  

Live Oaks Concerts Berkeley Art Center, June 24: 7:30 p.m., Stephen Bell. Admission $10 (BACA members $8, students and seniors $9, children under 12 free) 

Jazzschool Recitals June 17: 4 p.m., Jazz Combos; June 19: 4 p.m., Jazz Groups; June 20: 4 p.m., Jazz Ensembles; June 21: 4 p.m., Jazz Combos. Free. The Jazzschool/La Note 2377 Shattuck Ave. 845-5373  

WordWind Chorus June 15, 8 p.m. In celebration of the release of its first CD, the WordWind Chorus will perform a unique collaboration of music and poetry. $10 Tuva Space 3192 Adeline 530-7698 

Estradasphere and Warsaw June 15, 9:30 p.m. $7 Blakes 2367 Telegraph Ave. 848-0886 

Celebrating Um Kulthoum June 17, 7 p.m. A benefit concert for Palestinian Refugees, the Lammam Ensemble will perform some of legendary Arabic vocalist Um Kulthoum’s most cherished songs. $20. International House Auditorium 2299 Piedmont Ave. at Bancroft 415-648-1353 

Berkeley Symphony Orchestra Season Finale June 21, 8 p.m. Works by Shostakovich, Brahms, and Rohde. $19 - $35 Zellerbach Hall, UC Berkeley 841-2800  

“More Matters of Life and Death” June 15 - 17, 8 p.m. The newest cycle of this series, “Iris, Blue, Each Spring,” tackles the joys and sorrows of growing older and is set to “Six Japanese Songs” by Margaret Garwood. Presented by The Ruch Botchan Dance Company in concert with The Mirage Ensemble. $12 - $15 Western Sky Studio 2525 Eighth St. 848-4878 

“Dance Mosaic: Celebrating Diversity” June 16, 8 p.m. and June 17, 2 p.m. The annual repertory concert for the Mahea Uchiyama Center for International Dance features over 100 performers of dance and music from the South Pacific, India, Africa and the Middle East. $5 - $15 Juia Morgan Center for the Arts 2640 Collage Ave. 925-798-1300 

Kalanjali in Concert June 22, 7 p.m. Kalanjali concludes its celebration of its 25th year in Berkeley with a special recital. Experienced dancers and young students, with guests from India including dancer K. P. Yesoda and the musicians of Bharatakalanjali. $6 - $8 Juia Morgan Center for the Arts 2640 Collage Ave. 925-798-1300 

“Cymbeline” Through June 24, Tues. - Thur. 7:30 p.m., Fri. 8 p.m., Sat. 2 p.m. and 8 p.m., Sun. 4 p.m. Opening of the California Shakespeare Festival features one of Shakespeare’s first romances, directed by Daniel Fish. $12 - $146. Bruns Memorial Amphitheater off Highway 24 at the Shakespeare Festival Way/Gateway Exit. 548-9666 or www.calshakes.org 

“The Laramie Project” Through July 8: Weds. 7 p.m., Tues. and Thur. -Sat. 8 p.m., Sun. 2 p.m. and 7 p.m. Written by Moises Kaufmen and members of Tectonic Theater Project, directed by Moises Kaufman. Moises Kaufman and Tectonic members traveled to Laramie, Wyo., after the murder of openly gay student Matthew Shepherd. The play is about the community and the impact Shepherd’s death had on its members. $10 - $50. The Roda Theatre, Berkeley Repertory Theatre 2015 Addison St. 647-2949 www.berkeleyrep.org 

“Kid Kaleidoscope and the Puppet Players” June 24: 2 p.m., Julia Morgan Center for the Arts. The Puppet Players are a multi-media musical theatre group. Their shows are masterfully produced to thrill people of all ages with handmadesets and puppets. Adults $10, Children $5, 2640 College 867-7199 

“Romeo and Juliet” June 14 - July 14, Thurs. - Sat. 8 p.m. Set in early 1930’s just before the rise of Hitler in the Kit Kat Klub, Juliet is torn between ties to the Nazi party and Romeo’s Jewish heritage. $8 - $10. La Val’s Subterranean Theater 1834 Euclid 234-6046 

“A Life In the Theatre” Opens June 14, runs through July 15. Wed. - Sat. 8 p.m., Sun. 2 p.m. and 7 p.m. David Mamet play about the lives of two actors, considered a metaphor for life itself. Directed by Nancy Carlin. $30-$35. $26 preview nights. Berkeley City Club 2315 Durant 843-4822 

Films 

Berkeley Film Festival, June 23, 1 p.m. Berkeley Arts Festival Gallery. Presnetation of Six films: The Good War, and Those Who Refused to Fight it (Judith Ehrlich and Rick Tejada Flores), Just Crazy About Horses (Tim Lovejoy and Joe Wemple), Los Romeros: The Royal Family of the Guitar (L. John Harris and Bill Hayes), In Between the Notes (William Farley and Sandra Sharpe) and KPFA On The Air (Veronica Selver and Sharon Wood). 2220 Shattuck 486-0411 

Pacific Film Archive June 14, 7 p.m.: Trial on the Road, 9 p.m.: Freeze-Die-Come to Life; June 15, 7:30 p.m.: A Long Happy Life, 8:50: Goodbye, Boys; Jun 16: 7 and 9 p.m.: Beau Travail; June 17, 5:30 p.m.: The Face of Another; June 19 7:30 p.m.: Los; June 20 7:30 p.m.: filial Fixations; June 21 Days of the Eclipse 7 p.m. & A Spring for the Thirsty 9:30 p.m.; June 22 Three by Aurthur Peleshian 7:30 p.m., Ivan’s childhood 9 p.m.; June 23 7 & 9:10 p.m. I can’t Sleep; June 24 The Ruined Map 5:30 p.m. & Summer Soldiers 7:50 p.m.; June 26 7:30 p.m. San Francisco Cinematheque: 40 Years in Focus; June 27 7:30 p.m. Nature vs. Nurture; June 28 7:30 p.m. The Beginning of an Unknown Era; June 29 Molba 7:30, Shadows od Our Forgotten Ancestors 9:10; June 30 7, 9:10 p.m. Nenette and Boni. Pacific Film Archive Theater 2575 Bancroft Way (at Bowditch) 642-1412 

Exhibits 

Constitutional Shift, Through July 13, tuesdays - fridays, noon - 5 p.m. Kala Art Institute. Permanence and personal journey link Hee Jae Suh, Ursula Neubauer and Marci Tackett. Korean-born Suh explores an inner psychological world with a dramatic series of self-portraits. Neubauer explores self-portraiture as a travel map of identity with multiple points of view. Tackett explores Antarctica’s other-worldly landscape in a series of stunning digital photographs. 1060 Heinz Ave. 549-2977 

East Bay Open Studios June 16 & 17, 11 a.m. - 6 p.m. Jennifer Foxly: Oil paintings and 2-d mixed media works 3206 Boise St.; Lewis Suzuki: Scenes from California to the Philippines, florals to nudes 2240 Grant St.; Guy Colwell: Painted replicas and recent original work 2028 9th St. (open until 7 p.m.) 

PASSING: The Re-Definition of Sex and Gender Through the Personal Re-Presentation of Self Through June 16, Mon. - Fri. 8:30 a.m. - 6:30 p.m., Sat. 9 a.m. - 3 p.m. Black and white photographs by Ann P. Meredith. Free. Reception with the artist June 7, 6 - 8 p.m. Photolab Gallery 2235 Fifth St.  

Ledger drawings of Michael and Sandra Horse Exhibit runs through June 18. Gathering Tribes Gallery 1573 Solano Ave. 528-9038 www.gatheringtribes.com  

“Alive in Her: Icons of the Goddess” Through June 19, Tuesday - Thursday, 10 a.m. - 3 p.m. Photography, collage, and paintings by Joan Beth Clair. Pacific School of Religion 1798 Scenic Ave. 848-0528 

Tyler James Hoare Sculpture and Collage Through June 27, call for hours. Party June 9, 5-9 p.m. with music by Sauce Piquante. The Albatross Pub 1822 San Pablo Ave. 843-2473 

Ako Castuera, Ryohei Tanaka, Rob Sato Through June 30, Tues. - Sat. 11 a.m. - 6 p.m. Group exhibition, recent paintings. Artist’s reception June 9, 6:30 - 9 p.m. with music by Knewman and Espia. !hey! Gallery 4920 B Telegraph Ave., Oakland 428-2349  

“Watershed 2001” Through July 14, Wednesday - Sunday Noon - 5 p.m. Exhibition of painting, drawing, sculpture and installation that explore images and issues about our watershed. Berkeley Art Center 1275 Walnut St. 644-6893 

Rachel Davis and Benicia Gantner Works on Paper Through July 14, Tues. - Sat., 11 a.m. - 6 p.m. Watercolors by Davis, mixed-media by Gantner. Opening reception June 13, 6 - 8 p.m. Traywick Gallery 1316 Tenth St. 527-1214 www.traywick.com 

“The Trip to Here: Paintings and Ghosts by Marty Brooks” Through July 31, Tues. - Sun. 11 a.m. - 1 a.m. View Brooks’ first California show at Bison Brewing Company 2598 Telegraph Ave. 841-7734  

Bernard Maisner: Illuminated Manuscripts and Paintings. Through Aug. 8 Maisner works in miniature as well as in large scales, combining his mastery of medieval illumination, gold leafing, and modern painting techniques. Flora Lamson Hewlett Library 2400 Ridge Rd. 849-2541 

“Musee des Hommages,” Masterworks by Guy Colwell Faithful copies of several artists from the pasts, including Titian’s “The Venus of Urbino,” Cezanne’s “Still Life,” Picasso’s “Woman at a Mirror,” and Boticelli’s “Primavera” Ongoing. Call ahead for hours 2028 Ninth St. (at Addison) 841-4210 or visit www.atelier9.com 

“Geographies of My Heart” Collage paintings by Jennifer Colby through August 24; Flora Lamson Hewlett Library 2400 Ridge Rd. 649-2541 

Images of Portugal Paintings by Sofia Berto Villas-Boas of her native land. Open after 5 p.m. Voulez-Vous 2930 College Ave. (at Elmwood) 

“Queens of Ethiopia: Intuitive Inspirations,” the exceptional art of Esete-Miriam A. Menkir. Through July 11. Women’s Cancer Resource Center Gallery 3023 Shattuck Ave. 548-9286 ext 307 

“The Decade of Change: 1900 - 1910” chronicles the transformation of the city of Berkeley in this 10 year period. Thursday through Saturday, 1 - 4 p.m. Berkeley History Center, Veterans Memorial Building, 1931 Center St. Wheelchair accessible. 848-0181. Free.  

Readings 

Cody’s Books 2454 Telegraph Ave. All events at 7:30 p.m. June 14: Ana Menendez reads from “In Cuba I Was A German Sheperd”; June 15: James Ellroy reads “The Cold Six Thousand.” 845-7852  

Cody’s Books 1730 Fourth St. All events at 7 p.m. unless noted otherwise. June 14: Stephanie Brill talks about “The Queer Parent’s Primer: A Lesbian and Gay Families’ Guide to Navigating the Straight World”; June 16, 4 p.m.: Chris Raschka presents a talk and demontration for children, and paints the store front window; June 18 Sherman Alexie- The Toughest Indian in the world. 559-9500 

Freight & Salvage, June 23, 10 a.m.-noon Diane di Prima, beat poet and author of “recollections of My Life as a Woman”. 

Simone Martel June 16, 2 p.m. Martel will read from her book “The Expectant Gardener: A Wise and Fun Guide to the Adventure of Backyard Growing” Barnes and Noble 2352 Shattuck Ave. 644-0861  

Weekly Poetry Nitro Mondays 6:30 p.m. sign up, 7 - 9 p.m. reading. Performing poets in a dinner atmosphere. Featured poets: June 18: Katie Daley; June 25 Steve ArntsenCafe de la Paz 1600 Shattuck Ave. 843-0662 

Tours 

Lawrence Berkeley National Laboratory Free. University of California, Berkeley. 486-4387 

Berkeley City Club Tours 2315 Durant Ave., Berkeley. The fourth Sunday of every month, Noon - 4 p.m. $2 848-7800  

Golden Gate Live Steamers Grizzly Peak Boulevard and Lomas Cantadas Drive at the south end of Tilden Regional Park Small locomotives, meticulously scaled to size. Trains run Sunday, 9 a.m. to 4 p.m. Rides: Sunday, noon to 3 p.m., weather permitting. 486-0623  

New boat can’t stop ’Jackets  

The Berkeley High crew varsity four-man boat finished fifth at the U.S. Rowing Youth Invitational Championships in Cincinnati last weekend, the school’s first appearance at the national competition. 

Although the team entered both the two- and four-man events in Cincinnati, the overlapping members decided to concentrate on the four-man, according to Mick Renner, the organization president. 

“It was apparent that it was impossible to do well in both events,” Renner said. “The two rowers (sophomore Jordan Bice and junior Yoshi Katsuura) had to make a decision on their own out on the water. They decided to reserve their strength for the four-man boat.” 

The four-man boat consisted of Bice, Katsuura, David Gaber, Eric Davidson and coxswain Matt Renner. 

The members of the four-man had to make a big adjustment in the final event of their season. Their regular boat has the coxswain positioned to the rear. But they were unable to take their own boat, and the boat they used at the nationals had Renner in the front, unable to see his rowers. 

The change nearly proved disastrous in the first heat, as Berkeley took an early lead but steered into a lane marker and struggled to the finish line. But by the second heat, they had made their adjustments and came from behind to finish in second to qualify for the finals. 

“It was hard getting used to a new boat and a new scenario, but it worked out well,” said Matt Renner, a senior who will be on the Cal crew team next year along with Davidson. “I think I actually prefer it now.” 

The ’Jackets finished the final race fifth out of six competitors. 

“I figured they’d all be fast boats since it was the national championships, but I had a feeling we’d do well,” said Matt Renner, a senior. “This is definitely the high point of my crew career.”

Plastered on the windows of the old and empty futon shop on University Avenue – next to the old and empty UC Theatre – are posters touting the draft plan of the Revolutionary Communist Party. 

Inside the UC Theatre, all’s dark and quiet. 

But in the old hotel next door, above the futon shop, there’s furious activity. Here, a revolution, of sorts, is in progress. The total transformation of the Stark Hotel, a single room occupancy residence vacant since 1987, is being sawed, sanded and riveted into high-end studio apartments, complete with hardwood floors, modern appliances and – having opened up the attic – spiral staircases mounting to sleeping lofts.  

The developers have shored up the brick walls, but haven’t covered them up. And there’s natural light that streams through skylights in each studio and along the hallways. 

Developers Igal Sarafaty and Yaval Bobrovitch are well on their way to completing the apartments, which they hope to have rented by next fall, when UC Berkeley students return to class. The futon shop and the former barbershop below are also getting a thorough facelift and retrofit. 

The second part of the project, however, remains illusive. The transformation of the UC Theatre is a dream in progress. 

“It’s a piece of Berkeley culture,” Bobrovitch said of the theater, whose doors closed at the end of March. 

Bobrovitch and Sarafaty have been talking to Gary Myers, who opened the UC Theatre in 1976 and left the operation four years ago, about how best to reuse the old 1,300-seat elephant. 

Some people – one who even posted an essay on the box office of the old theater – say the reason for the closure of the theater is that Myers had stopped programming the films. But Myers says the answer is far more complex.  

The audience has changed, he said. People are no longer willing to come out for the great range of films as they once did.  

“The audience is less adventurous,” Myers said. “We have to be very creative.” 

People who once went to the movies three or more times a week, now stay home and watch videos or surf the Net. And the film companies have not kept the old classics in good condition. People can get better copies for home viewing, Myers said. 

So a revitalized UC Theatre would have to embody a completely new concept. Myers envisions the structure broken up into three parts: one would be a large theater of 600 seats and the other two would be smaller, at 150 seats each.  

Films would be just part of the new operation. There would also be live performances – music and theater. There would be lectures. And, during the day, the space might be used as a conference center, with satellite conferencing facilities available.  

Myers envisions an operation that would be open every day of the year and says that the variety of events scheduled there would create a “cross fertilization,” with the movie-going crowd trying out live music, for example. 

“We want to explore how to make the UC Theatre viable again,” he said.  

And the City Council may lend a hand. 

As part of its 2001-2002 budget discussions, the council will be considering funding a $40,000 feasibility study Myers would carry out for re-using the old theater.  

Sarafaty and Bobrovitch have already done the massive job of retrofitting the theater for earthquake protection. The $600,000 project includes the installation of steel beams to shore up the 60-foot high theater walls. Other beams, at further expense, stretch between the apartments and the theater to stabilize the apartments and the shops below. 

If the transformation of the theater doesn’t work, the developers will investigate other uses for the gaping structure – it could be commercial space or more housing, they said. 

Until a re-use plan is in place, the dust will continue to settle on the windows that once displayed coming attractions and passersby will read the missives posted as good-byes to the theater.  

While today, they walk quickly by the theater and past the empty futon shop with promises of revolution plastered to the windows, the stores and apartments above will most certainly see their transformation well before a re-use plan is written for the old theater. 

“It’s very sad for me,” Myers said.

With just the final baseball points to be added, Cal appears headed toward its highest finish ever in the Sears Directors’ Cup standings.  

In the latest rankings announced Tuesday, the Bears moved up to 11th place. Once baseball points are added after the College World Series next week, Cal could easily find itself in the Top 10 at end of the year.  

The Sears Cup measures a school’s overall level of success based on performances of teams in 20 selected sports.  

However, Cal’s finish could have been even higher except that four teams that finished among the top four in the nation did not contribute to the standings. Both rugby and men’s crew defended their national titles, but neither sport competes under the NCAA umbrella. In addition, men’s and women’s water polo were ranked fourth in the final polls, but the Bears were not among the four teams invited to the NCAA championships, and thus received no Sears Cup points.  

In addition to the above teams, Cal had Top 25 finishes in women’s crew (6th), women’s golf (19th), men’s gymnastics (3rd), women’s gymnastics (19th), women’s swimming (7th), men’s swimming (8th), women’s soccer (17th), softball (5th), women’s tennis (9th), men’s tennis (9th) and men’s track & field (22nd).  

The Bears also received points from men’s basketball and men’s golf, and will gain more points from baseball.  

Last year, Cal finished 15th in the final Sears Cup standings, its highest since coming in 13th in 1994-95.

School officials announced Monday that Berkeley High Vice Principal Michele Patterson will be the new principal of Willard Middle School next year, replacing retiring Principal Gail Hojo. 

Patterson said Wednesday that she was “ecstatic” with her appointment to Willard. She’s spent much of the week visiting the school, getting to know its staff and doing a little eavesdropping on its students. 

“It’s kind of fun because they don’t know who I am,” she said. 

Patterson came to Berkeley High from southern California in January 1999 to help oversee the creation of Village 9, a “school within a school” intended to ease the transition into high school for Berkeley High freshman. 

Patterson’s background is in middle schools, however, and she came to Berkeley with the understanding that she would have an opportunity to move back into middle schools should an administrative position open up. 

Before she got to Berkeley High, Patterson, 38, had accumulated 14 years of experience in middle schools, working as an English and history teacher and then as an administrator at the Fontana Unified School District in San Bernardino County. 

She said she prefers working in middle schools because, more than just teaching required subjects, middle school teachers must often play a critical role in students’ emotional development. 

“Middle school students are at the stage in their lives where they’re really struggling with who they are,” Patterson said. She said middle school teachers must work closely together, creating a family-like environment where students will feel welcome and can get the attention they need. 

“(Middle school) students so badly need something to identify with,” Patterson added. If they don’t feel a sense of belonging in the middle school community, it becomes an obstacle to their academic and social development, she said. 

Patterson said her top priorities at Willard will be student safety, student achievement and staff morale.  

Safety and morale have been issues of particular concern at Willard, particularly after an incident earlier this year where seven Willard boys were arrested in connection with the sexual assault of a 12-year-old girl, according to a number of people close to the campus. 

“That was tough to go through,” said Willard Vice Principal Gene Nakamura. “When you get battered by the news and the media it’s pretty tough, because it’s a slap at your confidence.” 

Nakamura, who was named the new head of the district’s Student Services Offices Monday and will be leaving Willard after 22 years as a teacher and administrator at the school, said another challenge for Patterson will be dealing with chronic understaffing at the school. 

“What’s happening in the school district is they’re taking positions away and then the people who are left are expected to pick it up,” Nakamura said.  

Nakamura said he himself has taken on the work load of the school’s Resource Specialist, who moved up to the district’s central office in the middle of the year and was not replaced. 

Even before Willard lost one of its three on-campus safety personnel in the most recent round of school district budget cuts, the school had gone a year and a half without the benefit of a school resource officer from the Berkeley police department, Nakamura added. (Both Longfellow and King middle schools have Resource Officers assigned to them.) 

The absence of the officer “makes a big difference,” Nakamura said, “not only in prevention (of violence) but also in counseling.” 

Unlike the high school, Willard has no counseling staff on campus to help students work through emotional problems, a fact Patterson said the school district may need to rethink in the years ahead.  

As for the other staff shortages, Patterson said: “I think the whole district is feeling the cuts.” 

Overworked or not, Berkeley PTA Council President Mark Coplan, whose son will enter Willard in the fall, said Patterson should move to make the school more responsive to the needs of parents and others in the community. Coplan said he himself has experienced the frustration of having repeated calls to the school go unanswered, a complaint echoed by other Willard parents this year. 

“(Patterson) could really move to change the image (of Willard) by being responsive and available to the community,” Coplan said. 

Patterson said her experience working at Berkeley High for the last 18 months puts her in a unique position to continue working on the often problematic transition students experience moving from middle school to high school.  

“Now I completely understand where I’m sending my Willard eighth graders” and how they need to be prepared, Patterson said. 

With Village 9, the school within the school at Berkeley High, Patterson helped implement a number of programs to help eighth graders become successful ninth graders. To give middle schoolers and their parents a better idea of what to expect at Berkeley High, Village 9 orchestrated “Eighth grade visitations” to the school and “parent information nights” at the middle schools.  

Once at Berkeley High, Village 9 provides freshman an array of tutoring, mentoring, peer support and after-school programs to give them added social, emotional and academic support. 

But the success of these efforts, said Patterson, hinges on the high school being able to identify students at risk and hook them up with the support services they need from their very first day on campus. To often, Patterson said, the poor flow of information between the high school and middle schools impedes this process. 

“We need very close communication (between middle schools and the high school),” Patterson said. “We can make that transition much smoother.”

Junior Walter Chun has been named an All-America Scholar by the Golf Coaches Association of America.  

Chun, who served as co-captain of the Bears this past season, is majoring in business administration at Cal. During the just-completed season, he averaged 74.1 strokes per round. Chun's best finish was a tie for ninth at the Cleveland Golf Classic.  

All-America Scholars are recognized for their performances athletically and scholastically. To qualify for the honor, student-athletes must be a junior or senior academically, maintain a minimum grade-point average, compete in at least 75 percent of his team's varsity competitive rounds, and maintain a minimum stroke average.  

As a team, the Bears advanced to the NCAA Western Regionals for the fifth consecutive season.

UC Berkeley graduate, Adam Varat, has been selected from over 100 students to participate in the 21st annual EDAW Summer Student Program. 

Varat will be participating as an intern in the redevelopment of the Stapleton Airport in Denver, Colo., at one time the fifth busiest airport in the United States, and the largest urban redevelopment project in the country. The airport will be converted into a thriving community built on smart growth and environmentally sustainable principles, said Sandy D’Elia, Principal and Director of Development of EDAW, San Francisco. 

Varat is currently a graduate student at the Massachusetts Institute of Technology. The internship was created and sponsored by EDAW, a San Francisco based consulting firm in environmental planning, landscape architecture, urban design and economic development.

The Pac-10 Conference has accepted the recommendations of a Cal internal investigation into violations involving the school’s football program and will take away four scholarships over the next two years, the conference office announced Tuesday. 

Wide recievers Michael Ainsworth and Ronnie Davenport were given academic credit for a class they did not complete in the spring semester of 1999, violations uncovered last fall. Both athletes have since left school. 

The school pre-empted any NCAA investigation by conducting its own five-month investigation into the allegations, making its recommendation to the conference in February. The school has a self-imposed two-year probation period, and was given a public reprimand by the Pac-10. 

Cal’s investigation turned up no additional wrongdoing, saying, “The core violations are limited to one faculty member, two student-athletes and one academic semester.” The investigation found no evidence of unethical conduct by any coach or other member of Cal’s athletic program staff.

SAN FRANCISCO — In the month since the U.S. Supreme Court said it’s illegal to sell or possess marijuana for medical use, the decision appears to be having little effect in the eight states with medical marijuana laws. 

“I dispense a couple pounds a month,” said Jim Green, operator of the Market Street Club, where business has thrived even after the May 14 ruling. “All of my clients have a legitimate and compelling need.” 

Alaska, Arizona, California, Colorado, Hawaii, Maine, Oregon and Washington allow the infirm to receive, possess, grow or smoke marijuana for medical purposes without fear of state prosecution. 

Those states have done little to change since the Supreme Court ruled federal law prohibits people from dispensing marijuana to the ill. Some states have even moved to expand marijuana laws despite the ruling. 

State prosecutors say it’s up to federal authorities, not them, to enforce the court’s decision. 

“If the feds want to prosecute these people, they can,” said Norm Vroman, the district attorney in Northern California’s Mendocino County, where the sheriff issues medical marijuana licenses to residents with a doctor’s recommendation, or to people who grow the marijuana for them. 

In Maine, “state prosecutors aren’t too involved with enforcing the federal law,” said state attorney general spokesman Chuck Dow. 

In response to the high court’s decision, however, Maine lawmakers shelved an effort to supply marijuana to the ill. 

The Bush administration, which inherited the medical marijuana fight from President Clinton, has taken no public action to enforce the ruling and has been silent about its next move. 

“There’s generally no comment about what the government will do in the future in any context,” said Mark T. Quinlivan, the Justice Department’s lead attorney in the Supreme Court case. 

Leslie Baker, head of the U.S. attorney’s Portland, Ore., drug-enforcement unit, said last week that U.S. Attorney General John Ashcroft’s office has not given her guidance on how to respond to the ruling. Oregon allows “caregivers” to grow and dispense marijuana for patients who have a doctor’s recommendation. 

Baker declined to say what federal authorities may do in the state. 

Meanwhile, Nevada lawmakers, abiding by a voter referendum, on June 4 adopted a medical marijuana measure that Gov. Kenny Guinn said he would sign. 

In California, the nation’s first state to approve medical marijuana in 1996, the Senate approved legislation June 6 legalizing marijuana cooperatives for the sick. 

Three days earlier, Colorado expanded its medical marijuana law, complying with a state voter initiative that requires the state to license medical marijuana users. That was despite the opposition of Gov. Bill Owens and the state’s attorney general, who urged federal authorities to prosecute anybody who sells, distributes or grows medical marijuana, even if they qualify for the state program. 

At the Market Street Club in California, the marijuana goes to patients such as Grant Magner, 49, of Novato, who says it reduces nausea and headaches resulting from AIDS and gives him enough of an appetite to eat. 

“It gives me a slight feeling of wellness. I can not smoke marijuana, and watch my body waste away,” he said. 

The absence of federal action has led to speculation about the Bush administration’s strategy. 

“I think they are biding their time and are being very careful for which organizations or persons they are going to target first after this U.S. Supreme Court decision because that is what is going to get all of the media attention,” said Tim Lynch, the Cato Institute director of criminal justice studies. 

The Justice Department may take no action in hopes that the decision will scare medical marijuana providers out of business, said Mark Kleiman, a drug policy expert at the University of California at Los Angeles. 

The public silence also may reflect that the White House has more important issues to handle. 

“That is not what they’re talking about in the Capitol and the corridors of the White House,” said presidential analyst Stephen Hess of the Brookings Institution. 

Any federal crackdown may open a Pandora’s box of new legal questions, said Robert Raich, the lawyer for the Oakland Cannabis Buyers Cooperative. 

Justice Clarence Thomas wrote that the Oakland club could not defend its actions against federal drug laws by declaring it was dispensing marijuana to the medically needy. 

But the justices said they addressed only the issue of a so-called “medical necessity defense” being at odds with a 1970 federal law that marijuana, like heroin and LSD, has no medical benefits and cannot be dispensed or prescribed by doctors. 

Important constitutional questions remain, such as Congress’ ability to interfere with intrastate commerce, the right of states to experiment with their own laws and whether Americans have a fundamental right to marijuana as an avenue to be free of pain. Justice Thomas wrote that the court would not decide those “underlying constitutional issues today.” 

SINCE THE RULING 

The U.S. Supreme Court ruled May 14 that dispensing or possessing marijuana for medical use is illegal. Here’s what has happened since in the states that have medical marijuana laws in effect or pending: 

Arizona: Attorney general’s spokeswoman Pati Urias said doctors, even before the high court’s ruling, were not recommending marijuana as the state law required for the infirm to obtain medical marijuana. Activists estimate that several hundred people are using marijuana for medical purposes. 

California: Senate approved a sweeping bill that would implement a statewide registry of medical marijuana patients, bar state prosecution of doctors who recommend marijuana to their patients and allow so-called caregivers to the infirm to cultivate marijuana cooperatively for medical purposes. 

Colorado: Expanded its medical marijuana law, complying with a state voter initiative that requires the state to issue license medical marijuana users. Governor and state attorney general oppose the expansion, urging federal authorities to prosecute anybody who sells, distributes or grows marijuana, even if they qualify under the state program. The local acting U.S. Attorney said it’s up to local law enforcement to prosecute medical pot cases. 

Hawaii: Governor said he’ll lobby for federal legislation to legalize marijuana use for medical purposes nationwide. 

Maine: Lawmakers scrapped a pilot project in which the state would dispense medical marijuana. 

Nevada: State lawmakers, abiding by a voter referendum, approved a medical marijuana law, which governor said he would sign. Lawmakers also relaxed penalties for possessing small amounts of non-medical marijuana. 

Oregon: Attorney general cautioned that “Oregonians engaged in the manufacture and distribution or who are in possession of medical marijuana may be subject to federal criminal prosecution.” But he added that federal prosecution was unlikely. 

On the Net: 

Supreme Court site: http://www.supremecourtus.gov 

Oakland Cannabis Buyers’ Cooperative: http://www.rxcbc.org

WALNUT CREEK — A second death has been linked to a contaminated batch of meningitis shots, and officials say up to 60 people may have been injected with the tainted cortisone solution. 

An elderly man who received a shot mixed at Doc’s Pharmacy in Walnut Creek died last week after contracting meningitis.  

Autopsy results reveal the man died from the spinal injection, said Dr. Wendel Brunner, director of public health for Contra Costa County. 

A 47-year-old Concord man also died from meningitis, a swelling of the brain and spinal cord, May 30, 24 hours after receiving a shot for lower back pain. 

Health officials have said the medicine was contaminated with the bacteria that causes meningitis when Doc’s Pharmacy prepared it in less than sterile conditions. 

Twelve people have been hospitalized for serratia infections linked to the tainted medication.  

Four of those patients contracted serratia meningitis, including the two who died, and a fifth patient contracted a serratia infection of the blood.

VACAVILLE — Smoke from a fire near Interstate 505 caused two multiple-car accidents, closed the highway to traffic and forced the evacuation of a mobile home park in northern Solano County Wednesday. 

Black smoke from the blaze limited visibility, contributing to the 13-car and eight-car pileups. Several people suffered minor injuries in the crashes, said California Highway Patrol Supervisor Kin Ho. 

Firefighters battled windy conditions along with the flames, but the fire was controlled Wednesday night, said a spokeswoman from the Solano County Dispatch Center. 

“The key point is that these winds cause fires to move,” said Vacaville Fire Department battalion chief Gerald Skinner. 

The fire began at about 1:30 p.m. in a grove of eucalyptus trees north of Allendale in an area called Gandy Dancer, Ho said. The fire then spread to several other areas. 

The fire divided into 25 different blazes, scorching a total of 200 to 300 acres, but no structures were threatened, the dispatch spokeswoman said. 

CHP officials closed I-505 between Interstate 80 and the town of Winters.  

Both lanes of traffic on I-80 north of Vacaville were moved to eastbound lanes. The fire extended to the factory stores area of Orange Drive near the Vacaville city limits.

SACRAMENTO — In May, Gov. Gray Davis announced a plan to give Californians detailed warnings of rolling blackouts to help businesses and residents plan for outages. 

But a draft of the plan, obtained by The Associated Press, has changed the proposed one-hour “blackout warning” to a “probability forecast,” which one utility official called a “vague warning that’s wrong more often than it’s right.” 

The one-hour notice is expected to be wrong two-thirds of the time, because the Independent System Operator will continue to look for power to keep the lights on, said several people who participated in meetings to plan the blackout notifications. 

Under Davis’ plan, the ISO, manager of the state’s power grid, will also issue a 48-hour rolling blackout forecast and the 24-hour location notification. 

Peter Navarro, an economist with University of California, Irvine who works on energy issues, called the one-hour blackout notice “a very blunt instrument.” 

“It’s going to be like the typical California forecast – sunny, hot and dry with a chance of rolling blackouts,” Navarro said. “How do you prepare for that?” 

The Governor’s Office of Emergency Services coordinated the plan to implement Davis’ order by consulting private and municipal utilities, the ISO and the Public Utilities Commission. The plan will be presented to Davis by Friday. 

Even after the issuing the 60-minute blackout notice, the state will keep looking for last-minute power, said ISO spokeswoman Stephanie McCorkle. “The public knows the ISO doesn’t have a crystal ball, but it can provide information to help them make critical decisions.” 

A utility official, who participated in the calls and who spoke on the condition of anonymity, said the one-hour blackout probability forecast “doesn’t come anywhere close to what’s been promised to the public. 

“Instead of a real one-hour notice of an outage that people can rely on and make plans for, they’re just going to get another vague warning that’s going to be wrong far more often than it’s right,” the executive said. The utilities will make the biggest differences in handling blackouts, said Steve Conroy, a spokesman for Southern California Edison, which participated in one of the conference calls. 

“There is more advance notice from the utilities to our customers,” Conroy said. 

Edison and San Diego Gas and Electric Co. have joined Pacific Gas and Electric Co. in assigning customers a “block number” so they will know what neighborhood are next to be hit by a blackout. 

“The newest element that’s required is to make geographic information available to the public. It was already available to public safety offices,” said John Nelson, spokesman for PG&E. 

Blackout forecasts, Conroy said, are “very much like a weather forecast” and subject to change. McCorkle said forecasts will also encourage power conservation and further lessen the chance of blackouts. 

Eric Lamoureux, an emergency services spokesman, said the plan isn’t intended to predict a blackout but give a sense of when they’re likely. 

Utility customers don’t need a guarantee, just a warning that blackouts could occur, said Michael Shames, executive director of Utility Consumers’ Action Network. 

“The objective here is to allow customers to prepare for the eventuality of blackouts,” he said. “The people will not rebel if the lights stay on. What we do need is more than 30 minutes notice.” 

Jennifer Ng, the owner of Moonlight Cleaners in Elk Grove, said she’d welcome two days’ notice for blackout. It took her more than a week to catch up on work that a couple hours of blackouts halted at the dry cleaners, she said. 

“It affects businesses more than people think,” Ng said. “If I had more warning, I would be able to stay late the night before or bring in more people.” 

To really give a true blackout warning, Shames said, the ISO must “draw the line” and stop shopping for electricity to keep the lights on. 

Plus, Shames added, repeated false alarms could lose their effectiveness. “That’s why they shouldn’t be issued cavalierly.” 

Shames and Navarro have called for a price ceiling for last-minute power buys and a willingness to suffer blackouts in prices don’t come down. The Legislature is now considering a bill to allow state power buyers to stop shopping for power. 

SACRAMENTO — A federal judge is threatening to block the cutting of trees in three Northern California national forests as part of a fire prevention program, unless the U.S. Forest Service submits a better plan addressing regrowth and potential harmful effects. 

The agency’s current impact statement fails to properly account for maintaining 320,000 acres of fire breaks in the Sierra Nevada forests and the possible use of herbicides that could harm the environment, ruled U.S. District Judge Lawrence K. Karlton. 

He ordered the Forest Service to offer a revised environmental impact statement for public comment within four months, or stop the project. 

“The Forest Service is radically altering vegetation on 320,000 acres of forest without knowing what the ultimate result is going to be,” said Patty Clary, director of Californians for Alternatives to Toxics. 

CATS sued the Forest Service for not exploring how it would control the regrowth of brush and grasses in the fire breaks. 

The plan was a product of controversial 1998 federal legislation sought by an unusual coalition of loggers, environmentalists and others that became known as the Quincy Library Group for their meeting place. 

The Quincy Act requires construction of a network of fire lines by removing trees and shrubs in strips a quarter- to half-mile wide and several miles long on 40,000 to 60,000 acres each year for five years. The network will ultimately cover one-quarter of the land in the Plumas and Lassen national forests and the Sierraville District of the Tahoe National Forest. 

Clary said maintaining those breaks could involve the use of herbicides, but the consequences of such use were not explored. Forest Service attorneys argued no maintenance would be needed for 10 years, beyond the life of the project, but CATS disagrees, saying grass and other brush could grow back within two to five years. 

Karlton ruled Tuesday that the Forest Service provided no evidence to back its assumption or dispute concerns presented by a CATS expert. 

LOS ANGELES — Amid soaring gas prices that topped $2 per gallon in some areas, nationwide sales of Honda’s electric-gasoline hybrid car reached record-breaking levels in May, company officials said Wednesday. 

Sales of the Insight two-door coupe last month were up 138 percent compared to May 2000. The sale of 903 Insights last month also broke the previous single-month record of 573, set in April. 

Pat Bennett, a 63-year-old retiree in Baton Rouge, La., was intrigued by the car’s compact shape and handling, along with its $12 monthly fuel bill. 

“I don’t fill up but maybe once a month,” she said.  

“To be honest, I don’t know what (the price of fuel) is right now because I haven’t been to the service station.” Honda executives and auto industry experts said buyers are interested in the Insight’s fuel efficiency – pitched by Honda as reaching up to 68 mpg on the highway – and sporty look and feel.  

And for the technologically advanced Palm Pilot-carrying crowd, owning a cutting-edge vehicle also is a draw. 

“With all the attention rising gas prices have received there has almost been as much attention on the Insight,” said Art Garner, a Honda spokesman. 

The average retail price of gasoline in a national survey Friday was $1.73 per gallon, down 3.48 cents from its May 18 price.  

San Francisco had an average price of $2.02 per gallon Friday. 

Dennis Virag, president of the Automotive Consulting Group Inc. in Ann Arbor, Mich., said he recently had noticed an increase in the number of Honda Insights on the road in his state. 

“I think it’s a very interesting product, No. 1, but, being an auto enthusiast and technology addict, to me it’s very intriguing technology,” Virag said.  

“I think it takes some time for (consumers) to become familiar with it and for the market to adapt, and certainly the increase in fuel costs is a major contributor” to the rise in sales. 

The Insight hit the market in December 1999, and it has taken awhile for both consumers and dealers to become familiar with it, Virag said.  

Drivers also had to learn about the vehicle’s hybrid technology, which doesn’t require it be plugged in to a charging station like the General Motors electric vehicle. 

Hybrids combine an electric motor with a gasoline engine to produce better mileage and less pollution. 

Bennett said she has been getting looks everywhere she goes since buying the vehicle in November for $17,900, $3,000 below its sticker price.  

In fact, she can’t leave the house without everyone in town knowing where she goes, Bennett said. 

“A lot of men were interested because it looks real sporty,” she said.  

“There was a time when I would attract that kind of attention myself – now it’s my vehicle.” 

The Insight is one of two such vehicles currently available. Toyota sells a four-seat hybrid called the Prius that boasts 45 mpg on the highway. The Prius, which started selling overseas in 1997, went on sale in the United States in July 2000. Toyota sold 872 models in April 2001 and 1,126 in May. 

Other gas-electric vehicles are in the works, including hybrid versions of the Honda Civic, the Chevrolet Suburban and the Ford Escape. 

Hybrid vehicles could receive a boost from Washington, D.C., if a proposal to give tax credits for the purchase of gas-electric vehicles is approved. President Bush proposed up to $10 billion in tax breaks over 10 years to boost energy supplies, conservation and alternatives.

SAN DIEGO — The online music service Mp3.com added the 1 millionth song to its library this week and introduced a new premium service that allows subscribers to transfer songs to a portable device and burn compact discs from their own music collection. 

The company said the milestone track was the song “So Long,” by the band “Lapdog,” which consists of former members of the alternative rock band “Toad the Wet Sprocket.” 

Mp3.com allows musicians to post digital tracks on the site and pays some musicians when their tracks are downloaded over the Internet. 

The company also runs a music locker service, which allows people to store digital copies of music they either purchase from a participating retailer or prove they already own by briefly inserting a copy into their computer’s disc drive. 

This week, the company introduced its “Premium Listener Service,” which allows listeners to compile a library of clips from their own music collection or from MP3.com’s collection of songs. The software allows subscribers to play their music on their computer or transfer tracks to a portable MP3 player.  

The software also allows subscribers to burn music to a CD. 

The PLuS Express package costs $2.99 per month or $29.99 per year. The software can be downloaded for a 14-day trial. 

MP3.com recently agreed to be acquired by Vivendi Universal in a $372 million cash-and-stock deal. Vivendi hopes to use MP3.com’s technology as the backbone of a new music licensing service, called pressplay, it recently formed with its partner, Sony Music. 

——— 

On the Net: 

http://www.mp3.com 

http://www.pressplay.com 

JERUSALEM — After grudgingly accepting CIA chief George Tenet’s truce deal, Israelis and Palestinians argued Wednesday over who should make the first move, but agreed the next 48 hours would be a crucial test period. 

Each side quickly cast doubt on the other’s good faith, undercutting hopes that the deal would hold. In nearly nine months of fighting, several cease-fire efforts collapsed, including one personally brokered by then-President Clinton. 

In the first killing since the cease-fire agreement was announced early Wednesday, a Palestinian was killed and three wounded in the West Bank several hours later when gunmen opened fire on their truck from an oncoming car, police said. Israeli media said their reporters received messages claiming that the attack was carried out by a Jewish group seeking revenge for Palestinian attacks. 

In a statement, the leadership of Jewish settlers “strongly condemned” the shooting. 

President Bush also played down expectations, saying the emerging agreement was just a first step. “It’s still a fragile situation there,” Bush said during a stop in Belgium on the second day of a European tour. 

Israel said it considered the cease-fire as having begun at 3 p.m. Several hours later, a mortar shell fell on the Jewish settlement of Atzmona in the Gaza Strip, but there were no reports of injury. 

Over the past week, gunbattles and clashes that had raged for months in the West Bank and Gaza have waned. Intermittent shootings, however, have persisted. Two Israelis were wounded in West Bank shootings Wednesday morning. 

Palestinian officials said also that two children were wounded in Gaza by Israeli bullets, despite the truce agreement. 

Tenet’s meeting in Tel Aviv was aimed at working out the details of implementing the truce. His mediation has been the highest-profile Mideast effort yet by the Bush administration. 

Israel’s foreign minister, Shimon Peres, praised the U.S. mediation after meeting Secretary of State Colin Powell in Brussels on Wednesday, saying it had helped avert “a bath of blood, of hatred. Now we have to judge the future by events.” 

The Palestinians complained after the three-hour meeting that Israel did not present a timetable for easing its crippling security closure of the West Bank and Gaza Strip, and for withdrawing troops from the edges of Palestinian towns, two key provisions in Tenet’s document. 

“The Israelis are not dealing with the Tenet proposal seriously,” the Palestinian security chief in the West Bank, Jibril Rajoub, told The Associated Press. 

Palestinian officials said they expected Israel to start easing the closure within the next two days. 

Israel said it would only take steps after it sees a truce having taking hold, with officials saying the start of the cease-fire ushered in a 48-hour test period. 

“If and when we see a cease-fire on the ground, we will start implementing our side of the deal,” said Israeli government spokesman Avi Pazner. “For the time being, we have not seen a cease-fire.” 

Defense Minister Binyamin Ben-Eliezer instructed the military to begin implementing the accord “in parallel with a Palestinian commitment to stop and prevent terror attacks and violence,” according to a statement from his office. 

The statement said the military would immediately ease blockades around Palestinian towns and allow shipment of goods. Within 48 hours, if the cease-fire holds, the Israeli military would begin changing its deployment. 

Israeli Cabinet Secretary Gideon Saar said he expected another security meeting to be held on Friday to assess the situation. 

Israeli media said that according to the Tenet plan, the two sides have a week to carry out their basic commitments, followed by a six-week cooling off period that could pave the way toward a resumption of peace talks. 

The Tenet formula goes hand in hand with recommendations by the international Mitchell Commission, which have been accepted by both sides and require Israel to freeze Jewish settlement construction once a cease-fire is in place. 

On the Palestinian side, there has been widespread opposition to a truce. 

Islamic militants, who have carried out more than a dozen bombings in Israel in the past nine months, said Wednesday they would continue their attacks. 

“The Palestinians will continue the intefadeh (uprising) by all means until it achieves its goals,” including the end of Israeli occupation, said Ismail Abu Shanab, spokesman of the Hamas group in the Gaza Strip. 

Militia commanders close to Palestinian leader Yasser Arafat have also said they oppose ending the uprising without having made political gains. 

Under the Tenet plan, Israel and the Palestinians would try to prevent anyone in areas under their control from carrying out acts of violence. 

Israel would refrain from attacks on Palestinian Authority targets, while Palestinian security forces would arrest terror suspects. 

The Palestinians would confiscate illegal weapons, including mortars, rockets and explosives, while Israel would use non-lethal means to disperse Palestinian demonstrations. 

ZAMBOANGA, Philippines — The Philippines’ president urged national unity Wednesday to fight a group of Muslim rebels holding more than two dozen captives but admitted that carrying out her promise to crush them could mean a “long and bloody war.” 

The Abu Sayyaf guerrillas, who embarrassed the country with a prolonged hostage crisis last year, claimed Tuesday they had killed one of three Americans they hold. While fearing the worst, officials expressed cautious optimism that Guillermo Sobero of Corona, might still be alive after a massive search failed to find his body by Wednesday night. 

But the discovery of three other bodies – one a beheaded Muslim cleric who was reportedly on a private negotiation effort – emphasized the lethal nature of the group that killed two Filipino teachers last year as a “birthday present” to President Gloria Macapagal Arroyo’s predecessor. 

“The nation is faced with a serious and strong challenge from the bandits,” Arroyo told a nationally televised news conference. “Abu Sayyaf is a scourge to our race. They are a curse to their religion.” “We will meet fire with fire, and more. No ransom. No deal. No cease-fire. No suspension of the military operation. We will not stop the campaign until we have cleansed Basilan and Sulu of the Abu Sayyaf forces,” she said, referring to  

the southern islands where the rebels  

are based.  

Arroyo also threatened punishment for people helping the rebels hide or resupply, and the military said it was receiving a large number of tips after the government offered $2 million in rewards for information leading to the capture of Abu Sayyaf leaders and their kidnapping henchmen. 

Abu Sabaya, an Abu Sayyaf leader, claimed Sobero was beheaded on Tuesday as a “present” to the country on its 103rd anniversary of independence.  

The group also holds two American missionaries and about 25 Filipinos.  

Sobero’s brother, Alberto, said on CBS-TV’s “The Early Show” that the FBI had informed him the likelihood of foul play “is very high.” But he said the family is trying to remain optimistic. 

“Even though the hopes are slim, we’re still clinging to that,” the brother said Wednesday. “How do you tell a 6-year-old his father’s head has been cut off?” 

Several hundred military reinforcements joined thousands of troops to hunt the rebels on Basilan. More were to arrive soon. 

The military has advised caution about Sabaya’s execution claim, pointing out that he has lied before and made threats he has not carried out. “We believe that is still part of Sabaya’s bluff,” military spokesman Col. Danilo Servando said. 

The three bodies, including the cleric’s, were found near where rebels seized 15 people from a plantation Monday, Servando said. The identity of the other two bodies was not clear, but officials said they were not any of the hostages. 

Joel Maturan, mayor of the central Basilan town of Tipo Tipo, said the cleric and three other negotiators – who National Security Adviser Roilo Golez said were not working for the government – tried to approach the rebels. Three fled when Sabaya grew angry. 

Maturan told ABS-CBN television that Sabaya ordered his men to tie up the cleric in the form of a cross. 

They “immediately chopped off his head,” Maturan said. “Sabaya ordered the beheading of the priest on suspicion that he was spying for the military.” 

On May 27, the rebels raided the Dos Palmas resort in the southwestern Philippines, taking 20 people hostage, including Sobero and Martin and Gracia Burnham, a missionary couple from Wichita, Kan. Nine captives later escaped, and two resort staff members were found hacked to death. 

In subsequent attacks, the Abu Sayyaf took more hostages in a hospital and a plantation on Basilan. 

Abu Sayyaf says it wants a southern Islamic state, but the government calls the rebels bandits. Though Muslims are a minority in the mostly Roman Catholic Philippines, they form a majority in the southern islands where the Abu Sayyaf operates. 

Judah L. Magnes Museum “Telling Time: To Everything There Is A Season” through May 2002. An exhibit structured around the seasons of the year and the seasons of life with objects ranging from the sacred and the secular, to the provocative and the whimsical. 2911 Russell St. 549-6950  

The Asian Galleries “Art of the Sung: Court and Monastery.” A display of early Chinese works from the permanent collection. “Chinese Ceramics and Bronzes: The First 3,000 Years,” open-ended. “Works on Extended Loan from Warren King,” open-ended. “Three Towers of Han,” open-ended. $6 general; $4 seniors and students age 12 to 18; free children age 12 and under; free Thursday, 11 a.m. to noon and 5 p.m. to 9 p.m. Wednesday, Friday through Sunday, 11 a.m. to 5 p.m.; Thursday, 11 a.m. to 9 p.m. 642-0808 

UC Berkeley Museum of Paleontology Lobby, Valley Life Sciences Building, UC Berkeley “Tyrannosaurus Rex,” ongoing. A 20 by 40-foot replica of the fearsome dinosaur made from casts of bones of the most complete T. Rex skeleton yet excavated. When unearthed in Montana, the bones were all lying in place with only a small piece of the tailbone missing. “Pteranodon” A suspended skeleton of a flying reptile with a wingspan of 22-23 feet. The Pteranodon lived at the same time as the dinosaurs. Free. Monday through Friday, 8 a.m. to 5 p.m.; Saturday and Sunday, 1 p.m. to 5 p.m. 642-1821 

UC Berkeley Phoebe Hearst Museum of Anthropology “Approaching a Century of Anthropology: The Phoebe Hearst Museum,” open-ended. This new permanent installation will introduce visitors to major topics in the museum’s history. “Ishi and the Invention of Yahi Culture,” ongoing. This exhibit documents the culture of the Yahi Indians of California as described and demonstrated from 1911 to 1916 by Ishi, the last surviving member of the tribe. $2 general; $1 seniors; $.50 children age 17 and under; free on Thursdays. Wednesday, Friday through Sunday, 10 a.m. to 4:30 p.m.; Thursday, 10 a.m. to 9 p.m. Kroeber Hall, Bancroft Way and College Ave. 643-7648  

Lawrence Hall of Science “Math Rules!” A math exhibit of hands-on problem-solving stations, each with a different mathematical challenge. “Within the Human Brain,” ongoing. Visitors test their cranial nerves, play skeeball, master mazes, match musical tones and construct stories inside a simulated “rat cage” of learning experiments. “Saturday Night Stargazing,” First and third Saturdays each month. 8 - 10 p.m., LHS plaza. Computer Lab, Saturdays 12:30 - 3:30 p.m. $7 for adults; $5 for children 5-18; $3 for children 3-4. 642-5132 

Holt Planetarium Programs are recommended for age 8 and up; children under age 6 will not be admitted. $2 in addition to regular museum admission. “Constellations Tonight” Ongoing. Using a simple star map, learn to identify the most prominent constellations for the season in the planetarium sky. Daily, 3:30 p.m. $7 general; $5 seniors, students, disabled, and youths age 7 to 18; $3 children age 3 to 5 ; free children age 2 and younger. Daily 10 a.m. to 5 p.m. Centennial Drive, UC Berkeley 642-5132 or www.lhs.berkeley.edu  

924 Gilman St. All shows begin at 8 p.m. unless noted $5; $2 for year membership. All ages. June 15: Strike Anywhere, Missing 23rd, Crispus Attacks, Planes Mistaken For Stars, Deadlock Frequency; June 16: Nerve Agents, American Nightmare, Fields of Fire, Affront, Scissorhands. June 22 Hoods, Fall Silent, Clenched Fist, Osiva, Hellcrew; June 23 The Hellbillies, The Fartz, The Tossers, Ruodp, The Fightbacks; June 29 Barfeeders, Pac-Men, Hell After Dark, A.K.A. Nothing, Maurice’s Little Bastards; June 30 The Cost, Pg. 99, Majority Rule, 7 Days of Samsara, Since by Man, Creation is Crucifixion 525-9926  

Albatross Pub Music at 9 p.m. unless noted otherwise. June 14/21/28: Keni “El Lebrijano”; June 19: pickPocket Ensemble; June 20: Whiskey Brothers; June 26 Mad & eddie Duran Jazz Duo; June 30: Larry Stefl Jazz Quartet 1822 San Pablo Ave. 843-2473  

Anna’s Music at 8 p.m. June 13: Bob Schoen Jazz Quartet; June 14: Richard Kalman Combo; June 15,22,29,30: Anne & Susie Larain and Sallie Hanna-Rhine; June 16: Robin Gregory & Bliss Rodriguez; Aleph Null; June 18,25: The Renegade Sidemen; June 19 Jason Martinwau; June 20,27: Bob Schoen Jazz Quartet; $2 weeknights, $3 weekends. 1801 University Ave. 849-ANNA  

Ashkenaz June 13: 9 p.m., Red Archibald and the Internationals; June 14: 10 p.m., Dead DJ Nite with Digital Dave; June 15: 9 :30 p.m., Winston Jarrett with special guests; June 16: 9:30 p.m., Amandla Poets; June 17, 6 p.m.: Ray Cepeda and the Neo Maya Experience; June 19, 9 p.m.: Brass Menagerie; 1370 San Pablo Ave. 525-5054 or www.ashkenaz.com 

Blakes June 17, 9 p.m.: Third Eye Movement’s Straight Buldin Tour 2001 featuring Red, Guard, Renaissance, Bored Stiff, Deuce Eclipse, Gazzi and SoulSistaSoul. Hosted by Rob Jamal of nommo; 2367 Telegraph; for more info call 238-8080 x310 

Freight & Salvage All music at 8 p.m. June 13: Danu; June 14: Guy Davis; June 15: The Laurie Lewis Trio; June 16: Rova Saxophone Quartet. $17.50; June 17: Sean Tyrrell and Tommy Peoples; June 19: Toshi Reardon; June 20 Cliff Eberhardt; June 21 Rachel Garlin, $15.00 advance, $16.50 door. 1111 Addison St. www.freightandsalvage.org; 548-1761 

Jupiter All shows at 8 p.m. June 13: Crater; June 14: Beatdown with DJs Delon, Yamu, Add1; June 15: Steven Emerson; June 16: Nucleus; June 19: Mas Cabeza; June 20: Wavelord; June 21: Beatdown w/ DJ’s Delon, Yamu & Addi; June 22: Realistic; June 23: Wayside; June 26: Bruno Pelletier Trio; June 27: O Maya; June 28: Beatdown w/ DJ’s Delon, Yamu & Addi; June 29: Zoe Ellis Quartet; June 30: Go Van Gogh 2881 Shattuck Ave 843-8277 

La Peña Cultural Center June 15, 8 p.m.: TIJUANA NO! with Caradura and Prophets of Rage Dj La Viuda Negra. 3105 Shattuck Ave. 849-2568 www.lapena.org  

Live Oaks Concerts Berkeley Art Center, June 24: 7:30 p.m., Stephen Bell. Admission $10 (BACA members $8, students and seniors $9, children under 12 free) 

Jazzschool Recitals June 14: 8 p.m., Adult Big Band; June 17: 4 p.m., Jazz Combos; June 19: 4 p.m., Jazz Groups; June 20: 4 p.m., Jazz Ensembles; June 21: 4 p.m., Jazz Combos. Free. The Jazzschool/La Note 2377 Shattuck Ave. 845-5373  

WordWind Chorus June 15, 8 p.m. In celebration of the release of its first CD, the WordWind Chorus will perform a unique collaboration of music and poetry. $10 Tuva Space 3192 Adeline 530-7698 

Estradasphere and Warsaw June 15, 9:30 p.m. $7 Blakes 2367 Telegraph Ave. 848-0886 

Celebrating Um Kulthoum June 17, 7 p.m. A benefit concert for Palestinian Refugees, the Lammam Ensemble will perform some of legendary Arabic vocalist Um Kulthoum’s most cherished songs. $20. International House Auditorium 2299 Piedmont Ave. at Bancroft 415-648-1353 

Berkeley Symphony Orchestra Season Finale June 21, 8 p.m. Works by Shostakovich, Brahms, and Rohde. $19 - $35 Zellerbach Hall, UC Berkeley 841-2800  

“More Matters of Life and Death” June 15 - 17, 8 p.m. The newest cycle of this series, “Iris, Blue, Each Spring,” tackles the joys and sorrows of growing older and is set to “Six Japanese Songs” by Margaret Garwood. Presented by The Ruch Botchan Dance Company in concert with The Mirage Ensemble. $12 - $15 Western Sky Studio 2525 Eighth St. 848-4878 

“Dance Mosaic: Celebrating Diversity” June 16, 8 p.m. and June 17, 2 p.m. The annual repertory concert for the Mahea Uchiyama Center for International Dance features over 100 performers of dance and music from the South Pacific, India, Africa and the Middle East. $5 - $15 Juia Morgan Center for the Arts 2640 Collage Ave. 925-798-1300 

Kalanjali in Concert June 22, 7 p.m. Kalanjali concludes its celebration of its 25th year in Berkeley with a special recital. Experienced dancers and young students, with guests from India including dancer K. P. Yesoda and the musicians of Bharatakalanjali. $6 - $8 Juia Morgan Center for the Arts 2640 Collage Ave. 925-798-1300 

Theater 

“Cymbeline” Through June 24, Tues. - Thur. 7:30 p.m., Fri. 8 p.m., Sat. 2 p.m. and 8 p.m., Sun. 4 p.m. Opening of the California Shakespeare Festival features one of Shakespeare’s first romances, directed by Daniel Fish. $12 - $146. Bruns Memorial Amphitheater off Highway 24 at the Shakespeare Festival Way/Gateway Exit. 548-9666 or www.calshakes.org 

“The Laramie Project” Through July 8: Weds. 7 p.m., Tues. and Thur. -Sat. 8 p.m., Sun. 2 p.m. and 7 p.m. Written by Moises Kaufmen and members of Tectonic Theater Project, directed by Moises Kaufman. Moises Kaufman and Tectonic members traveled to Laramie, Wyo., after the murder of openly gay student Matthew Shepherd. The play is about the community and the impact Shepherd’s death had on its members. $10 - $50. The Roda Theatre, Berkeley Repertory Theatre 2015 Addison St. 647-2949 www.berkeleyrep.org 

“Kid Kaleidoscope and the Puppet Players” June 24 2 p.m. Julia Morgan Center for the Arts. The Puppet Players are a multi-media musical theatre group. Their shows are masterfully produced to thrill people of all ages with handmadesets and puppets. Adults $10, Children $5, 2640 College 867-7199 

“Romeo and Juliet” June 14 - July 14, Thurs. - Sat. 8 p.m. Set in early 1930’s just before the rise of Hitler in the Kit Kat Klub, Juliet is torn between ties to the Nazi party and Romeo’s Jewish heritage. $8 - $10. La Val’s Subterranean Theater 1834 Euclid 234-6046 

“A Life In the Theatre” Preview June 13. Opens June 14, runs through July 15. Wed. - Sat. 8 p.m., Sun. 2 p.m. and 7 p.m. David Mamet play about the lives of two actors, considered a metaphor for life itself. Directed by Nancy Carlin. $30-$35. $26 preview nights. Berkeley City Club 2315 Durant 843-4822 

Films 

Berkeley Film Festival, June 23, 1 p.m. Berkeley Arts Festival Gallery. Presnetation of Six films: The Good War, and Those Who Refused to Fight it (Judith Ehrlich and Rick Tejada Flores), Just Crazy About Horses (Tim Lovejoy and Joe Wemple), Los Romeros: The Royal Family of the Guitar (L. John Harris and Bill Hayes), In Between the Notes (William Farley and Sandra Sharpe) and KPFA On The Air (Veronica Selver and Sharon Wood). 2220 Shattuck 486-0411 

Pacific Film Archive June 13, 7:30 p.m.: Bogus Biographies; June 14, 7 p.m.: Trial on the Road, 9 p.m.: Freeze-Die-Come to Life; June 15, 7:30 p.m.: A Long Happy Life, 8:50: Goodbye, Boys; Jun 16: 7 and 9 p.m.: Beau Travail; June 17, 5:30 p.m.: The Face of Another; June 19 7:30 p.m.: Los; June 20 7:30 p.m.: filial Fixations; June 21 Days of the Eclipse 7 p.m. & A Spring for the Thirsty 9:30 p.m.; June 22 Three by Aurthur Peleshian 7:30 p.m., Ivan’s childhood 9 p.m.; June 23 7 & 9:10 p.m. I can’t Sleep; June 24 The Ruined Map 5:30 p.m. & Summer Soldiers 7:50 p.m.; June 26 7:30 p.m. San Francisco Cinematheque: 40 Years in Focus; June 27 7:30 p.m. Nature vs. Nurture; June 28 7:30 p.m. The Beginning of an Unknown Era; June 29 Molba 7:30, Shadows od Our Forgotten Ancestors 9:10; June 30 7, 9:10 p.m. Nenette and Boni. Pacific Film Archive Theater 2575 Bancroft Way (at Bowditch) 642-1412 

Exhibits 

Constitutional Shift, June 14 - July 13, tuesdays - fridays, noon - 5 p.m. Kala Art Institute. Permanence and personal journey link Hee Jae Suh, Ursula Neubauer and Marci Tackett. Korean-born Suh explores an inner psychological world with a dramatic series of self-portraits. Neubauer explores self-portraiture as a travel map of identity with multiple points of view. Tackett explores Antarctica’s other-worldly landscape in a series of stunning digital photographs. 1060 Heinz Ave. 549-2977 

East Bay Open Studios June 16 & 17, 11 a.m. - 6 p.m. Jennifer Foxly: Oil paintings and 2-d mixed media works 3206 Boise St.; Lewis Suzuki: Scenes from California to the Philippines, florals to nudes 2240 Grant St.; Guy Colwell: Painted replicas and recent original work 2028 9th St. (open until 7 p.m.) 

Wosene Kosrof June 13, 7 - 8:30 p.m. Ethiopian-born Berkeley resident will be exhibiting and discussing his paintings. One piece will be up for auction, proceeds to benefit the YMCA. Free. Crystal Room, Shattuck Hotel 2086 Allston 848-9622 ext. 3541  

PASSING: The Re-Definition of Sex and Gender Through the Personal Re-Presentation of Self Through June 16, Mon. - Fri. 8:30 a.m. - 6:30 p.m., Sat. 9 a.m. - 3 p.m. Black and white photographs by Ann P. Meredith. Free. Reception with the artist June 7, 6 - 8 p.m. Photolab Gallery 2235 Fifth St.  

Ledger drawings of Michael and Sandra Horse Exhibit runs through June 18. Gathering Tribes Gallery 1573 Solano Ave. 528-9038 www.gatheringtribes.com  

“Alive in Her: Icons of the Goddess” Through June 19, Tuesday - Thursday, 10 a.m. - 3 p.m. Photography, collage, and paintings by Joan Beth Clair. Pacific School of Religion 1798 Scenic Ave. 848-0528 

Tyler James Hoare Sculpture and Collage Through June 27, call for hours. Party June 9, 5-9 p.m. with music by Sauce Piquante. The Albatross Pub 1822 San Pablo Ave. 843-2473 

Ako Castuera, Ryohei Tanaka, Rob Sato Through June 30, Tues. - Sat. 11 a.m. - 6 p.m. Group exhibition, recent paintings. Artist’s reception June 9, 6:30 - 9 p.m. with music by Knewman and Espia. !hey! Gallery 4920 B Telegraph Ave., Oakland 428-2349  

“Watershed 2001” Through July 14, Wednesday - Sunday Noon - 5 p.m. Exhibition of painting, drawing, sculpture and installation that explore images and issues about our watershed. Berkeley Art Center 1275 Walnut St. 644-6893 

Rachel Davis and Benicia Gantner Works on Paper June 13 - July 14, Tues. - Sat., 11 a.m. - 6 p.m. Watercolors by Davis, mixed-media by Gantner. Opening reception June 13, 6 - 8 p.m. Traywick Gallery 1316 Tenth St. 527-1214 www.traywick.com 

“The Trip to Here: Paintings and Ghosts by Marty Brooks” Through July 31, Tues. - Sun. 11 a.m. - 1 a.m. View Brooks’ first California show at Bison Brewing Company 2598 Telegraph Ave. 841-7734  

Bernard Maisner: Illuminated Manuscripts and Paintings. Through Aug. 8 Maisner works in miniature as well as in large scales, combining his mastery of medieval illumination, gold leafing, and modern painting techniques. Flora Lamson Hewlett Library 2400 Ridge Rd. 849-2541 

“Musee des Hommages,” Masterworks by Guy Colwell Faithful copies of several artists from the pasts, including Titian’s “The Venus of Urbino,” Cezanne’s “Still Life,” Picasso’s “Woman at a Mirror,” and Boticelli’s “Primavera” Ongoing. Call ahead for hours 2028 Ninth St. (at Addison) 841-4210 or visit www.atelier9.com 

“Geographies of My Heart” Collage paintings by Jennifer Colby through August 24; Flora Lamson Hewlett Library 2400 Ridge Rd. 649-2541 

Images of Portugal Paintings by Sofia Berto Villas-Boas of her native land. Open after 5 p.m. Voulez-Vous 2930 College Ave. (at Elmwood) 

“Queens of Ethiopia: Intuitive Inspirations,” the exceptional art of Esete-Miriam A. Menkir. Through July 11. Women’s Cancer Resource Center Gallery 3023 Shattuck Ave. 548-9286 ext 307 

“The Decade of Change: 1900 - 1910” chronicles the transformation of the city of Berkeley in this 10 year period. Thursday through Saturday, 1 - 4 p.m. Berkeley History Center, Veterans Memorial Building, 1931 Center St. Wheelchair accessible. 848-0181. Free.  

Readings 

Cody’s Books 2454 Telegraph Ave. All events at 7:30 p.m. June 13: David Sedaris reads from “Me Talk Pretty One Day”; June 14: Ana Menendez reads from “In Cuba I Was A German Sheperd”; June 15: James Ellroy reads “The Cold Six Thousand.” 845-7852  

Cody’s Books 1730 Fourth St. All events at 7 p.m. unless noted otherwise. June 14: Stephanie Brill talks about “The Queer Parent’s Primer: A Lesbian and Gay Families’ Guide to Navigating the Straight World”; June 16, 4 p.m.: Chris Raschka presents a talk and demontration for children, and paints the store front window; June 18 Sherman Alexie- The Toughest Indian in the world. 559-9500 

Freight & Salvage, June 23, 10 a.m.-noon Diane di Prima, beat poet and author of “recollections of My Life as a Woman”. 

Simone Martel June 16, 2 p.m. Martel will read from her book “The Expectant Gardener: A Wise and Fun Guide to the Adventure of Backyard Growing” Barnes and Noble 2352 Shattuck Ave. 644-0861  

Weekly Poetry Nitro Mondays 6:30 p.m. sign up, 7 - 9 p.m. reading. Performing poets in a dinner atmosphere. Featured poets: June 18: Katie Daley; June 25 Steve ArntsenCafe de la Paz 1600 Shattuck Ave. 843-0662 

Tours 

Lawrence Berkeley National Laboratory Free. University of California, Berkeley. 486-4387 

Berkeley City Club Tours 2315 Durant Ave., Berkeley. The fourth Sunday of every month, Noon - 4 p.m. $2 848-7800  

Golden Gate Live Steamers Grizzly Peak Boulevard and Lomas Cantadas Drive at the south end of Tilden Regional Park Small locomotives, meticulously scaled to size. Trains run Sunday, 9 a.m. to 4 p.m. Rides: Sunday, noon to 3 p.m., weather permitting. 486-0623  

By Joe Loya 

Pacific News Service 

With the execution of Oklahoma City bomber Timothy McVeigh, we are bound to hear once again that opponents of the death penalty never think about the victims. 

But I oppose the death penalty and I think of the victims all the time. I believe we give the victims’ side too much sway in the penalty phase of a trial, so that our courts do not dispense justice in the best interest so much as the vendetta justice of a blood feud. 

It seems to me that we, as a community, surrender some of our civility when we allow human sacrifice because it offers victims “joyful relief.” Civilized society is supposed to restrict primitive impulses. One Oklahoma grandmother, outraged when McVeigh was allowed a stay of execution so the court could examine allegations that due process had been violated, said, “My grandsons didn’t get justice. They didn’t get stays or lawyers.” 

Her anger is understandable and moving, but should her private grief automatically override the proper pursuit of justice? Should it necessarily make us all accomplices in a killing committed by the state?  

I’m not naive about the seductive power of retaliation, and I know about the perils of giving into the impulse for payback. I once did serious harm to someone who was brutalizing me – a justified act of self-defense under any moral code – but having a right to do something doesn’t necessarily make something the right thing to do. 

In fact, victims can victimize themselves when they become consumed with rage and obsessed with retribution. This plays out in fights between prisoners, where the slightest insult can bring a violent response. 

This complete loss of a sense of proportion may explain the Israeli citizen who told a radio interviewer he favored more F-16 bombings against the Palestinians because they only understand terror. 

This sort of thinking reveals the absolute backwardness of retribution. Once the thrill of tit-for-tat wears off, only more of the same will do. Emancipation from violence cannot be underwritten with more violence. 

I have diminished my strong impulse for retribution, but I wonder if I will be able to discourage my children from the socially permissible ethic of reprisal. (Teachers will tell you that when they break up fights, boys will tell them that their fathers told them to always hit back.) 

President Bush and other officials have called for “an unconditional cessation” of escalating violence between Israel and the Palestinians, but they don’t see that the same principle should apply to the death penalty. 

That’s why a recent appeal from a group of religious, civil rights and political leaders for an immediate federal moratorium on capital punishment fell on deaf ears, as did Amnesty International’s criticism of the United States for its continued use of the death penalty. 

We are misled, like cops and guards who break the law, if we believe that an execution is the best way to confirm the values the criminal is thought to have violated. 

We should break the cycle of violent action and reaction by using our moral energy to unconditionally cease our need to avenge. It should be the work of a civilized, pluralistic society to mitigate the retaliatory impulse of blood feuds. Some rape victims and people whose loved ones have been killed have found ways to disengage from the compulsive desire for revenge. They refuse to allow the violence to disrupt their principles. Their moral strength is restraint, and they are heroes. They are our examples of how the cycle can be broken. 

PNS commentator Joe Loya is a California writer currently writing a memoir on his experience in prison. His e-mail address is buddhalobo@aol.com. 

In an event that was months in the planning, more than 300 members of Berkeley churches packed St. Joseph the Worker Church Monday night to hear school district officials publicly pledge to reform the English Language Learner program at Berkeley High. 

The majority in the audience were St. Joseph parishioners of Latino heritage who contend that students in the ELL program receive an inferior education, making it difficult for them to gain entry to four-year colleges and, beyond that, high-paying professions. (Forty percent of the ELL program’s 350 students are Latino). 

St. Joseph’s Father George Crespin opened the meeting, delivering a solemn message to Berkeley High Principal Frank Lynch and two members of the Board of Education: Board President Terry Doran and Board Director Joaquin Rivera. 

“We aren’t going to accept any more that our students aren’t successful (in school), and that this is considered normal,” Father Crespin said in fluent Spanish, to a roar of applause from the audience. 

It fell to St. Joseph parishioner Maribel Rodriguez to detail complaints against the ELL program. Near the top of the list was concern that many students are placed in the program unnecessarily and then remain in the program because they don’t know how to get out.  

The ELL program is intended for students who need help improving their English skills before they enroll in regular classes at Berkeley High. Rodriguez said some students end up in the program even though they have been enrolled in Berkeley schools since kindergarten and are fluent in English. 

After Rodriguez spoke, half a dozen Berkeley High students gave testimonials about how they were wrongly assigned to the ELL program, or how they were held in the program long after the time when they were ready to move into regular classes at Berkeley High. 

Berkeley resident Eva Perez said after the meeting Monday that the problems experienced by students today are the same problems she faced as a Berkeley High freshman more than 10 years ago. 

“It’s sad to see after 10 years the same things repeating,” she said. 

Perez was born and raised in Berkeley and graduated from Berkeley High in 1991. Despite being fluent in English, she said she was placed in the Berkeley High ELL program after writing on an official document that she spoke Spanish at home with her parents.  

The confusion was quickly cleared up when her mother went to the school to demand an explanation, Perez said. But many students don’t understand clearly what the ELL program is, Perez said, and don’t think to ask why they’ve been assigned to it. 

“A lot of time students don’t know what’s going on, so they don’t tell their parents,” Perez said. 

Other complaints leveled against the ELL program Monday focused on what happens to students once they are in the program. Speakers delivered grievance after grievance: that students in the program are taught core subjects like math and history at lower levels than other Berkeley High students; that students in the program don’t have enough access to Berkeley High classes outside the program; and that some of the English classes offered in the program don’t count toward English credits needed to be eligible for admission to University of California or California State University colleges. 

School officials refuted many of the claims made Monday night in interviews Tuesday.  

Rita Perez, home school liaison for the Berkeley High ELL program, said all students are carefully assessed so that only those with limited English skills are placed in ELL classes at Berkeley High. Students are reassessed continually while at Berkeley High to see if they are ready to move into regular classes, she said. 

Moving students into mainstream classes is the whole point of the ELL program, Perez said. 

As for access to other Berkeley High classes, Perez said ELL students are free to devise any schedule that they want. They can take all ELL classes, some ELL classes and some regular classes, or all regular classes, she said. It’s just a matter of either having the parents sign a waiver saying they don’t want to be in ELL classes, or passing an English proficiency test so they are no longer classified as having “limited” English. 

“If they decide they want to be in mainstream classes, we’re not going to say no,” Perez said. 

Berkeley High Principal Frank Lynch said some of the concerns registered Monday were legitimate and pledged to work with the St. Joseph parishioners to see that they are addressed. But he also defended the ELL program, saying the ELL staff is hard working and dedicated to the work of preparing students with limited English to take full advantage of Berkeley High’s academic offerings. 

Director Rivera said after the meeting Monday that he would work over the summer to identify exactly what the problems are with the ELL program and to communicate his findings to the St. Joseph’s parishioners. 

“They really presented what their concerns are in a very positive and productive way that really opened the door to true dialogue and collaboration,” Rivera said. 

Wednesday, June 13

Defining Diversity 

7 - 9 p.m. 

Ecology Center 

2530 San Pablo Ave.  

Different interpretations of biological and cultural diversity and how it’s used for very different purposes. 548-2220 

Commission On Disability  

Hearings 

4 - 6 p.m. 

North Berkeley Senior Center 

1901 Hearst St. 

Open forum, opportunity for public to present ideas and concerns about barriers for people with disabilities and accessibility of City facilities. Public comment on Berkeley’s proposed “Americans with Disabilities Act Transition Plan.” Also, naming I-80 overcrossing after Ed Roberts, requesting Congressional Representatives and Senators to add benefits for dental and eyeglasses coverage in Medi-Care. 

981-6342 

Lead-Safe Painting and Home  

Remodeling 

6 - 8 p.m. 

Claremont Branch Library 

2940 Benvenue Ave. 

Free course on how to detect and remedy lead hazards in the home. 

567-8280 

“Illusions of the  

‘New Economy’” 

7:30 p.m. 

La Pena Cultural Center 

3105 Shattuck Ave. 

Talk by professor and author Dick Walker. $5 donation requested. 

415-863-6637  

Claremont Elmwood  

Neighborhood Association  

General Meeting 

7:30 - 9:30 p.m. 

St. Clement’s Episcopal Church 

2837 Claremont Blvd. 

Covers area of Berkeley south of Dwight Way and east of Collage Avenue. Presentations on neighborhood issues. 

549-3793 

Trees and Shrubs of  

California 

7:30 p.m. 

UC Berkeley Botanical Garden 

200 Centennial Drive 

John Stuart and John Sawyer will be speaking about and signing their new book, “Trees and Shrubs of California.” Free. 

643-2755 

Library Board of Trustees Meeting 

7 p.m. 

South Branch Library 

1901 Russell Street 

Regular meeting, including a building projects update. 

644-6095 

Police Review  

Commission Meeting 

7:30 p.m. 

South Berkeley Senior Center 

2939 Ellis Street 

Regular meeting with a recruitment update and continuing discussion on marijuana arrests. 

644-6716 

Organic Versus Conventional 

7 - 9 p.m. 

Center for Ecoliteracy 

2522 San Pablo Avenue (rear) 

Speaker series Organics Beyond 2001. Guest speakers Gail Feenstra and Trini Campbell or Jamie Anderson. 

548-8838 

Thursday, June 14 

Summer Noon Concerts 2001 

Noon - 1 p.m. 

Downtown Berkeley BART Plaza 

Shattuck at Center St. 

Weekly concert series. This week Berkeley High Folklorico De Aztlan. 

 

Camping and Hiking  

Slide Presentation 

7 p.m. 

REI 

1338 San Pablo Ave. 

Guidebook author Tom Stienstra gives a slide presentation on where to go hiking and camping this summer in the Sierra and Shasta region. Free. 

527-4140 

 

Berkeley School Volunteers 

10:30 a.m. - Noon 

1835 Allston Way 

Orientation for volunteers interested in helping in summer academic and recreation programs. 644-8833 

 

Fair Campaign Practices  

Commission Meeting 

7:30 p.m. 

North Berkeley Senior Center 

1901 Hearst Street 

Special meeting to discuss and act upon, among other items, possible violations of the Berkeley Election Reform Act. 981-6950 

 

Adventures In Nature: Panama 

7:30 p.m. 

Easy Going Travel Shop and Bookstore 

1385 Shattuck Avenue 

William Friar, writer for Contra Costa Times and author of a new travel guide to Panama, will give a slide presentation and talk on Panama’s wildlife, history and culture. Free. 843-3533 

 

---

Friday, June 15

Free Writing, Cashiering  

& Computer Literacy Class 

9 a.m. - 1 p.m.  

AJOB Adult School  

1911 Addison St.  

Free classes offered Monday through Friday. Stop by and register or call 548-6700. 

www.ajob.org 

Living Philosophers  

10 a.m. - Noon  

North Berkeley Senior Center  

1901 Hearst Ave.Hear and entertain the ideas of some modern day philosophers: Jacob Needleman, J. Revel, Hilary Putnam, John Searle, Saul Kripke, Richard Rorty and others. Every Friday, except holidays. Facilitated by H.D. Moe.  

Therapy for Trans Partners  

6 - 7:30 p.m.  

Pacific Center for Human Growth  

2712 Telegraph Ave. (at Derby)  

A group open to partners of those in transition or considering transition. Intake process required. Meeting Fridays through August 17. $8 - $35 sliding scale per session 548-8283 x534 or x522 

City Commons Club,  

Luncheon and Speaker 

11:45 a.m. 

Berkeley City Club 

2315 Durant Ave. 

This week featuring Edward Fox on “Regional Development Plans of The Wilderness Society.” Come early for social hour. Lunch at 11:45 for $11-$12.25. Come at 12:30 to hear the speaker only for $1, students free. Reservations required for three or more. 

848-3533 

Saturday, June 16

Berkeley Farmers’ Market 

10 a.m. - 3 p.m. 

Center Street between Martin Luther King Jr. Way and Milvia Street 548-3333 

Berkeley Arts Festival  

Music Circus 

1 p.m. - 5 p.m. 

Shattuck Ave. between University Ave. and Channing Way 

The Music Circus will feature dozens of eclectic performances ranging from string quartets to blues and jazz. Free bus fare to and from the event offered by AC Transit. 665-9496. Free. 

Botanical Garden Spring Party 

3 - 6 p.m. 

UC Berkeley Botanical Garden 

200 Centennial Drive 

Celebrating the completion of the new Arid House and the renovation of the Southern African area. Food, wine and jazz. Fund-raiser for the Garden, $25 per person. 

643-2755 

Puppet Shows on Cultural and Medical Differences 

1:30 p.m. and 2:30 p.m. 

Hall of Health 

2230 Shattuck Ave. (lower level) 

Two shows for kids of all ages and their families promote acceptance and understanding of cultural and medical differences. Free. 

549-1564 

Poets’ Corner 

1:30 - 4 p.m. 

Shattuck and Kittredge 

Ten poets will read on the downtown street corner as a kick-off event for the two-week Berkeley Arts Festival. 649-3929 

Energy Crisis 

2 p.m. 

6501 Telegraph Avenue 

Oakland 

“Why They Can’t Keep the Lights On and What We Can Do About It.” Graham Brownstein and other panalists provide information on the corporate rip-off sometimes referred to as the “energy crisis.” 

595-7417 

— compiled by  

Sabrina Forkish 

Sunday, June 17

Carefree/Carfree Tour 

11 a.m. 

Berkeley Amtrack Station  

Foot of University Ave. 

Berkeley Arts Festival tour of coastlines installation guided by landscape architect Tom Leader. Walk culminates on the Berkeley Marina. 

486-0411 

Carefree/Carfree Tour #2 

1 p.m. 

Berkeley Arts Festival Gallery 

2200 Shattuck Ave. 

Bus and walk to: The Crucuble, workshop of arts and the industry; Bay Area Center for the Consolidated Arts; and the Juneteenth Celebration, annual street fair of African-American Roots with music, dance and food. 

486-0411 

The Discord Aggregate Intersection 

7 p.m. 

Gathering of local artists, poets, musicians, composers and others. Non-profit group meets every three to four weeks. This week, Tasmanian photographer Tony Ryan will present his work. For location and other information e-mail alemap@discord-aggregate.com 

Music and Meditation 

8 - 9 p.m. 

The Heart-Road Traveller 

1828 Euclid Ave. 

Group mediation through instrumental music and devotional songs, led by Lucian Balmer and Baoul Scavullo. Free. 

496-3468 

Buddhist Mantra/Healing 

6 p.m. 

Tibetan Nyingma Institute 

1815 Highland Place 

Bob Byrne on “Mantra and Healing,” a deep and personal kind of healing. Free. 

843-6812 

Monday, June 18 

Raging Grannies Meeting 

7 p.m. 

1924 Cedar Fellowship Hall 

UC Berkeley 

East Bay/San Francisco Raging Grannies organizing meeting. Celebrate life with laughter and song. 

528-5403 

Tuesday, June 19 

Berkeley Camera Club  

7:30 p.m. 

Northbrae Community Church  

941 The Alameda  

Share your slides and learn what other photographers are doing. Monthly field trips. 

Call Don, 525-3565 

Young Queer Women’s Group 

8 - 9:30 p.m.  

Pacific Center 

2712 Telegraph Ave.  

Make some new friends, expand your horizons and get support with a bunch of queer women all in the same place at the same time (somewhere between 18 and 25).  

548-8283 or visit www.pacificcenter.org 

Berkeley Farmers’ Market 

2 - 7 p.m. 

Derby Street between Martin Luther King Jr. Way and Milvia Street 

548-3333 

Intelligent Conversation  

7 - 9 p.m.  

Berkeley Richmond Jewish Community Center 

A discussion group open to all, regardless of age, religion, viewpoint, etc. This time the discussion will center on frugality, generosity, simplifying life, and dealing with money. Informally led by Robert Berend, who founded similar groups in L.A., Menlo Park, and Prague. Bring light snacks/drinks to share. Free  

527-5332 

Fibromyalgia Support Group  

Noon - 2 p.m.  

Alta Bates Medical Center 

Maffly Auditorium, Herrick Campus  

2001 Dwight Way  

This will be a rap session.  

601-0550 

A Journey Through Eastern Europe 

7:30 p.m. 

Easy Going Travel Shop and Bookstore 

1385 Shattuck Avenue 

Angelina Sorensen, Bulgarian native, will give an overview of the best places to visit through a slide presentation and display of regional arts and crafts. Free. 

843-3533 

Energy-Saving Skylight 

8 a.m. - Noon 

Truitt and White Lumber 

642 Hearst Avenue 

The new Velux VSE skylight, winner of the Energy Star award, could help reduce home energy use. On view today. 

841-0511 

Wednesday, June 20 

Carefree/Carfree Tour 

11 a.m. 

Berkeley Arts Festival Gallery 

2200 Shattuck Ave. 

Meet at the Gallery, take the bus to the Oakland Museum to take a tour with David Bacon of his exhibition “Every Worker Is An Organizer: Farm Labor and the Resurgence of the UFW.” 

486-0411 

(gp) 

Berkeley Communicator Toastmasters Club 

7:15 a.m. 

Vault Cafe 

3250 Adeline 

Learn to speak with confidence. Ongoing first and third Wednesdays each month. 

527-2337 

Thursday, June 21 

Best Northern California Hikes 

7 p.m. 

REI 

1338 San Pablo Ave. 

Guidebook author Matt Heid shares his favorite day hikes and overnight backpacking trips in Northern California. Slide presentation. Free. 

527-4140 

Berkeley Metaphysical Toastmasters Club  

6:15 - 7:30 p.m.  

2515 Hillegass Ave.  

Public speaking skills and metaphysics come together. Ongoing first and third Thursdays each month.  

Call 869-2547 

LGBT Catholics Group  

7:30 p.m. 

Newman Hall  

2700 Dwight Way (at College)  

The lesbian, gay, bisexual, transgender Catholics group are “a spiritual community committed to creating justice.” This session will be a “Pride Mass.”  

654-5486 

Summer Noon Concerts 2001 

Noon - 1 p.m. 

Downtown Berkeley BART Plaza 

Shattuck at Center St. 

Weekly concert series. This week Capoeira Arts Cafe. 

Community Tribute to Jeffrey Leiter 

5 p.m. Dinner, 8 p.m. Performance 

Santa Fe Bar and Grill 

1310 University Avenue 

The Berkeley Symphony Orchestra is hosting a Community Tribute to honor former Mayor and Symphony Board Presedent Jeffrey Shattuck Leiter. Dinner at Santa Fe Bar and Grill, followed by an 8 p.m. Berkeley Symphony performance at Zellerbach Hall. For information and tickets, call 841-2800  

Friday, June 22 

Living Philosophers  

10 a.m. - Noon  

North Berkeley Senior Center  

1901 Hearst Ave. (at MLK Jr. Way)  

Hear and entertain the ideas of some modern day philosophers: Jacob Needleman, J. Revel, Hilary Putnam, John Searle, Saul Kripke, Richard Rorty and others. Every Friday, except holidays. Facilitated by H.D. Moe.  

Therapy for Trans Partners  

6 - 7:30 p.m.  

Pacific Center for Human Growth  

2712 Telegraph Ave. (at Derby)  

A group open to partners of those in transition or considering transition. The group is structured to be a safe place to receive support from peers and explore a variety of issues, including sexual orientation, coming out, feelings of isolation, among other topics. Intake process required. Meeting Fridays through August 17.  

$8 - $35 sliding scale per session  

Call 548-8283 x534 or x522 

Strong Women; The Arts, Herstory and Literature 

1:15 p.m. - 3:15 p.m. 

North Berkeley Senior Center  

1901 Hearst Ave. (at MLK Jr. Way) 

Taught by Dr. Helen Rippier Wheeler, author of “Women and Aging: A Guide to Literature,” this is a free weekly cultural studies course in the Berkeley Adult School’s Older Adults Program. Free. 

Call 549-2970  

City Commons Club, Luncheon and Speaker 

11:45 a.m. 

Berkeley City Club 

2315 Durant Ave. 

This week featuring Jeffrey Riegle, Ph.D., on “Historical Reasons for China’s Current Conduct.” Come early for social hour. Lunch at 11:45 for $11-$12.25. Come at 12:30 to hear the speaker only for $1, students free. Reservations required for three or more. 

848-3533 

Saturday, June 23 

“Feast of Fire” benefit for the Crucible 

10:30 p.m. 

The Crucible 

1036 Ashby Ave. 

Act III, The Flight of Icarus, will feature live music and performances by several groups including Capacitor and Xeno. Price of admission benefits the Crucible, a multi-disciplinary community arts center. $20 at the door. 

Berkeley Farmers’ Market 

Summer Solstice Celebration 

10 a.m. - 4 p.m. 

Civic Center Park 

Center St. and MLK Jr. Way 

Farmers market plus crafts fair and live reggae and jazz. 

548-3333 

Strawberry Creek Walking Tour 

10 a.m. - Noon 

Learn about Strawberry Creek’s history, explore its neighborhoods, and consider its potential. Meet four experts on the local creeks. Reservations required, call 848-0181. 

Energy-Efficient Wood Windows 

9:30 - 11:30 a.m. 

Truitt and White Lumber 

642 Hearst Avenue 

Free seminar by Marvin Window’s representative Chris Martin on how to measure and install the double-hung Tilt Pac replacement unit, as well as a review of the full line of Marvin’s energy-efficient wood windows. 

649-2574 

What You Need to Know Before You Build or Remodel 

10 a.m. - Noon 

The Building Education Center 

812 Page Street 

Free seminar by professional builder Glen Kitzenberger. 

525-7610 

Choosing to Add On: The Pros and Cons of Building an Addition 

Noon - 2 p.m. 

The Building Education Center 

812 Page Street 

Free seminar by author/designer Skip Wenz 

525-7610 

Sunday, June 24 

Hands-On Bicycle Repair Clinics  

11 a.m. - Noon  

Recreational Equipment, Inc.  

1338 San Pablo Ave.  

Learn how to fix a flat from one of REI’s bike technicians. All you need to bring is your bike. Free  

527-4140 

Uncle Eye 

2 p.m. 

Berkeley-Richmond Jewish 

Community Center 

1414 Walnut Ave. 

Come see Ira Levin, a.k.a. Uncle Eye, give a special performance as a fund-raiser for a television pilot to be filmed this summer. $7 - $10. 

848-0237 or www.uncle-eye.com 

Carefree/Carfree Tour 

1 p.m. 

Berkeley Arts Festival Gallery 

2200 Shattuck Avenue 

Artful garden tour, part of the Berkeley Arts Festival. Ride AC Transit to Marcia Donohue and Mark Bulwinkle’s Our Own Stuff Garden and Gallery, then walk to the Dry Garden. 

486-0411 

Carefree/Carfree Tour #2 

1:30 p.m. 

Berkeley Arts Festival Gallery 

2200 Shattuck Avenue 

Ride the bus to the Codornices Creek Restoration Project and the Peralta Community Garden and enjoy a concert by Nicole Miller. 

486-0411 

Monday, June 25 

Tectonic Theater Project 

7 p.m. 

Berkeley Rep’s Roda Theater 

2015 Addison Street 

“Page to Stage: Surviving the Media” is a conversation with The Tectonic Theater Project and professor Douglas Foster. The Tectonic Theater Project traveled to Laramie, Wyoming after the murder of openly gay student Matthew Shepard and wrote a play about the impact Shepard’s death, and the following media scrutiny, had upon the small community. The Laramie Project is running through July 8 at the Berkeley Rep.  

647-2900 

What You Need to Know Before You Build or Remodel 

7 - 9 p.m. 

The Building Education Center 

812 Page Street 

Free seminar by professional builder Glen Kitzenberger. 

525-7610 

Tuesday, June 26 

Saranel Benjamin of Globalization 

7 p.m. 

Oakland YMCA 

1515 Webster Street, Oakland 

Saranel Benjamin, trade unionist from South Africa, will discuss the impact of corporate globalization on South African workers. Sponsored by Berkeley’s Women of Color Resource Center. 

848-9272 

Berkeley Camera Club  

7:30 p.m. 

Northbrae Community Church  

941 The Alameda  

Share your slides and learn what other photographers are doing. Monthly field trips. 

Call Don, 525-3565 

Wednesday, June 27 

Conversations in Commedia 

7:30 p.m. 

La Pena 

3105 Shattuck Ave. 

The series pairs radical theater “elders” to share memories of their years in commedia. This week with former Mime Troupe actress Audrey Smith and Ladies Against Women character Selma Spector. $6 - $8. 

849-2568 

Thursday, June 28 

(gp) 

Quit Smoking Class 

6 - 8 p.m. 

South Berkeley Senior Center 

2939 Ellis Street 

A six week quit smoking class. Free to Berkeley residents and employees. 

Call 644-6422 or email at: quitnow@ci.berkeley.ca.us 

Summer Noon Concerts 2001 

Noon - 1 p.m. 

Downtown Berkeley BART Plaza 

Shattuck at Center St. 

Weekly concert series. This week Berkeley Opera performs pieces of Carmen. 

Friday, June 29  

Living Philosophers  

10 a.m. - Noon  

North Berkeley Senior Center  

1901 Hearst Ave. (at MLK Jr. Way)  

Hear and entertain the ideas of some modern day philosophers: Jacob Needleman, J. Revel, Hilary Putnam, John Searle, Saul Kripke, Richard Rorty and others. Every Friday, except holidays. Facilitated by H.D. Moe.  

Therapy for Trans Partners  

6 - 7:30 p.m.  

Pacific Center for Human Growth  

2712 Telegraph Ave. (at Derby)  

A group open to partners of those in transition or considering transition. The group is structured to be a safe place to receive support from peers and explore a variety of issues, including sexual orientation, coming out, feelings of isolation, among other topics. Intake process required. Meeting Fridays through August 17.  

$8 - $35 sliding scale per session  

Call 548-8283 x534 or x522 

Strong Women; The Arts, Herstory and Literature 

1:15 - 3:15 p.m. 

North Berkeley Senior Center  

1901 Hearst Ave. (at MLK Jr. Way) 

Taught by Dr. Helen Rippier Wheeler, author of “Women and Aging: A Guide to Literature,” this is a free weekly cultural studies course in the Berkeley Adult School’s Older Adults Program.  

Call 549-2970  

Saturday, June 30 

Berkeley Farmers’ Market 

10 a.m. - 3 p.m. 

Center Street between Martin Luther King Jr. Way and Milvia Street 

548-3333 

Science of Spirituality 

5 p.m. 

St. John’s Presbyterian Church 

2727 Collage Avenue 

Professor Andrew Vidich will speak on “Rumi: Mystic and Romantic Love, Stories of Masnavi.” Childcare and vegetarian food provided. Free. 

925-830-2975  

Bonfire III: Stories and  

Songs By the Sea 

7:30 p.m. 

Berkeley Marina 

Spinnaker Way, near Olympic Circle Sailing Club 

Come for Havdala and share stories, sing and watch the flames dance. Bring food and drink to share, kosher s’mores provided. 

848-0237 

Women in Black, same old phrases 

Editor: 

The Women In Black held their demonstration in San Francisco last week on the corner of Market and Montgomery. As usual they had the same old banners saying “Stop the Occupation and the Terrorism Will Stop.” Well, the occupation stopped in 1993 in 95 percent of the West Bank and 100 percent of the Gaza Strip. Former Prime Minister Ehud Barak was even willing to give much more, but Arafat turned it down and “The Women in Black” continue with their time worn out catch phrases. 

The Israeli troops are present only to protect the Jewish settlers from being massacred by the Palestinians. But you must note that there is no need for Arafat’s army to protect the Israeli Arabs living in Israel proper. The Israeli Arabs serve in the Knesset, have their own papers and radio stations, live the good life without any fear. 

Aubrey Lee Broudy 

Berkeley 

Adopt eco-pass now 

The Daily Planet received this letter addressed to the mayor and council: 

I write to urge your approval for the one-year trial, free AC Transit pass for city employees. I believe this proposal is the preferred transit plan for the following reasons: 

1) There has been much discussion and study of transit incentives here in Berkeley. I do not believe another study is necessary, and in fact I believe would only delay implementation of an important opportunity for the city.  

2) The proposed one-year trial is doable immediately, and indeed has been endorsed by the Green Party of Alameda County as the preferable option before the Berkeley City Council at this time. 

3) Though I believe business and other institutional support for this program is imperative, as far as I know at this time the Berkeley Unified School District has not been part of plans to implement any free or reduced transit program. In fact, due to the nature of the district's budget cuts and adjustments this year, it does not seem feasible to fund any additional programs at this time; our budget is in final form and will be approved as such at the June 20 School Board meeting. 

I want to emphasize that I would be glad to sponsor or co-sponsor District support for and implementation of the City's AC Transit pass program at a time later in the summer or early fall when the district's state funding is known and finalized, and additional program funding is possible. Clearly, however, it would be impossible for the district to fund and undertake the expense of such a program at this time. 

If further study is necessary to expand this AC Transit plan to include BART and other sources of transportation, these studies can and should occur while there is a model program in effect. It is important for the city to move forward on this issue, model and show the District, other institutions, and businesses that it is possible and will indeed reduce traffic, congestion, and parking pressures downtown and elsewhere, and that finally doing something is far better than doing nothing at all. I speak as a citizen and resident of Berkeley, as one School Board member, but not for the entire Board nor the District. 

John Selawsky 

Member, Board of Education

This afternoon will likely be the last chance for the public to contribute to Berkeley’s ADA Draft Transition Plan, which will act as a guide for making all public facilities in the city accessible to the disabled. 

“This Transition Plan is an important document,” said Commissioner on Disability Charlie Betcher. “It’s been years in the making and this is the final chance for the public to have input. We want to hear from everybody who has an interest.” 

This is the second public hearing on the draft plan. The first hearing, on June 2, had a low turnout with only two people showing up. Many of the commissioners blamed poor public awareness for the low turnout. 

The Transition Plan is required by the 1990 Americans With Disabilities Act. The wide-ranging legislation is designed to give disabled people access to life as it is lived by people without disabilities – in employment, public services and public accommodations. It is designed to remove physical, social or institutional barriers that lock out the disabled. 

Under the act, every city in the country is required to create a transition plan spelling out exactly what needs to be done to make public buildings, offices and other facilities disabled accessible.  

According to the city’s Disability Services Specialist Eric Dibner, many of the city’s public buildings have already been made accessible. But he said it’s important for all issues of accessibility to brought up during the public hearing today.  

“This plan is only required to deal with buildings the city owns or has programs in,” he said. “If people have concerns about buildings not listed in the plan we want to hear from them because the city ultimately wants to address all accessibility problems in Berkeley.” 

Dibner said an example of outstanding needs in Berkeley is traffic accommodations such as audible traffic signals, traffic humps and sidewalk obstructions. 

Councilmember Kriss Worthington said many people tend to think the disabled community consists only of those who rely on wheelchairs. “The disabled come in all shapes and sizes,” he said. “It’s important for everyone, including the sight and hearing impaired and others come to the hearing.” 

Worthington said the more issues the plan covers the greater the city’s ability to apply for federal, state and private funds for accessibility projects. 

Commissioner on Disability Karen Craig said it’s important the public participate because it would be impossible for the commission to be aware of every accessibility issue in the city. 

Craig said Jim Donelson, one of the two members of the public that showed up on June 2, told the commission of several important problems at the Berkeley Pier that were not covered in the Transition Plan. 

Donelson, a Berkeley resident who relies on a wheelchair, raised three issues at that hearing: the pier’s fish-cleaning sinks are too high for someone in a wheelchair, the surface of the pier is pocked with large ruts and the windblocks are inaccessible to people in wheelchairs. 

“I didn’t know this commission existed until a day before the last public hearing,” Donelson said. “I plan to not only attend the hearing but to bring a few people with me. I have a lot of questions for that commission.” 

Center for Independent Living Deputy Director Gerald Baptiste, said he was planning to read the draft plan Tuesday night and if there was anything important left out he would make sure the commission was made aware of it today. CIL Director Jan Garrett planned to attend this afternoon’s hearing as well, he said.  

Dibner said after the public hearing, there will likely be some revisions to the plan and then the commission will send the plan, along with a plan from the City Manger’s Office, to the City Council for final approval. “We hope to finish this by the end of the summer,” he said. 

Craig said it’s critical for members of the public who are concerned about accessibility issues to come to the hearing. “If they don’t participate now, they won’t have any right to complain later,” she said. 

The public hearing on the Draft ADA Transition Plan will be held today at the North Berkeley Senior Center at 1901 Hearst Ave. at the corner of Martin Luther King, Jr. Way from 4 - 6 p.m.  

–

Berkeley recyclers represented by the Industrial Workers of the World signed their first union contract with Community Conservation Centers last week after a relatively short bargaining process. 

The new contract raised wages by more than 20 percent, expanding health coverage to employees’ families and, according to IWW organizer and negotiator Steve Toff, providing workers with a real voice on their jobs.  

“With the new contracts (the CCC workers) can challenge the management through an expedient grievance procedure,” Toff said. “There is a respect clause in the contract and there will be a safety committee with an equal number of workers and management.” 

For one month after they were requested to do so, the CCC management refused to recognize the IWW as a legal bargaining agent. That all changed when a National Labor Relations Board-sponsored election was administered on Feb. 7. The election resulted in a 16-0 vote in favor of allowing the IWW to represent the CCC employees. 

Toff said, “Because it was such a strong vote in our favor, it became clear to the management that they would have to negotiate with us. The employees were overwhelmingly in our favor. One day they all stayed late and came to the negotiations to show that they were in support of what we were doing.” 

Negotiations lasted only three months, which, according to Toff, is an extremely short period of time.  

“The first contract is typically the hardest to settle,” he said. “It is more difficult because you’re starting from scratch, and there are always a lot of kinks to work out.” 

The new contract, which was accepted by the workers in a unanimous vote, will change the CCC workplace by providing paid holidays, new vision and dental plans, a severance package and a $100 stipend for workers to purchase boots along with the pay increase and family health plan. 

“We feel good,” said union member Rick Garcia. “Everyone is happy about the new contracts. We’re happy about the wages and the way that we are treated is changing. The most important change is the health coverage for our families; now we can take our kids to the hospital and not have to worry about a huge bill coming later.” 

With the signing of the contract the CCC workers became the second Berkeley recycling group to be represented by the IWW. They join the Berkeley Ecology Center curbside recyclers who have been represented by the IWW since 1989. 

Man robs Chevron station of $150 

A man asking for change in a Chevron station Sunday afternoon lifted his T-shirt to reveal a handgun tucked in his waist band and told the attendant hand over all the money in the cash register, police said. 

The attendant complied, handing over more than $150 in cash. Police have no suspects in the case. 

Exhibition looking for artist participation 

Local artists are invited to participate in a juried exhibition at the Pro Arts Gallery that will run during July and August. Pro Arts, a nonprofit organization, was founded in 1974 to promote the visual arts of the diverse cultures in the East Bay.  

Works in any media are welcome for this exhibition. The cost for non-members is $20 per entry for the first two pieces and $10 for each additional submission. The fee will include an annual membership. Members pay $10 each for the first two and $5 for each additional work. Bring submissions to the Pro Arts Gallery at 461 Ninth Street in Oakland between 1 and 7 p.m. June 27.  

The exhibition will run July 12 through August 18. A reception for the artists will be held on July 12 from 6 - 8 p.m. For more information go to www.proartsgallery.org. 

New books donated to library 

The Berkeley-Richmond Jewish Community Center Library has acquired new books for its collection. The library, which is open to the public, has a variety of fiction, non-fiction, and children’s books to borrow. Located at 1414 Walnut Street, it is open from 11 a.m. - 3 p.m. Monday through Thursday, as well as evening hours on Thursday from 6:30 - 8:30 p.m. 

Unattended cooking oil sparks fire 

A third-floor kitchen fire activated an emergency sprinkler system that soaked four University Avenue apartments and two businesses including the Berkeley Daily Planet office late Monday night. 

Assistant Fire Chief David Orth said the fire started just before midnight in the building manager’s top floor apartment. “She left cooking oil unattended on the stove while she was in the next room working on her computer,” Orth said. The sprinkler contained the small fire in the kitchen until fire fighters arrived, Orth said.  

Most the damage to the apartments and ground-floor businesses, estimated at $60,000, was caused by water from the emergency sprinkler system. The newspaper office and next door Oyster Software, Inc. suffered minor damage to computers and furniture. 

Memorial service for court judge 

There will be a memorial service honoring State Appellate Court Justice Clinton White on June 28. The service is sponsored by the Charles Houston Bar Association, the Alameda County Bar Association and the California Association of Black Lawyers, the service will be held at 1 p.m. at the Calvin Simmons Theater in the Henry J. Kaiser Convention Center at 10 Tenth Street in Oakland. For more information, call 272-6504. 

— staff reports

The Environmental Protection Agency on Tuesday ordered California to continue using gasoline additives to reduce air pollution, providing a boost to the ethanol industry and raising concern about California gas prices. 

California officials have argued the additives no longer are needed to meet the state’s stringent air pollution requirements and could expose California’s gasoline market to price manipulation and shortages if ethanol supplies fall short. 

“Their decision means significantly higher gasoline prices at the pump and calls into question whether California will have an adequate gas supply,” said California Gov. Gray Davis in Sacramento. ”(It) does nothing to improve air quality.” 

Davis, who already has been in a tug of war with the Bush administration over electricity prices, had asked the White House for a waiver of a 1970 Clean Air Act requirement that gasoline contain an oxygenate to help fight air pollution. 

But EPA Administrator Christie Whitman said she had no choice other than to reject the waiver, saying that California had not “met the test” of demonstrating that the waiver would not reduce air quality. She disagreed that the use of ethanol would necessarily boost gasoline prices. 

The waiver was viewed as critical by California officials because the state is phasing out the use of an existing additive, MTBE, which has been found to pollute groundwater. The only replacement is corn-based ethanol, currently manufactured mostly in the Midwest. 

The decision could have impact elsewhere as at least eight other states have prohibited, or are in the process of banning, MTBE. If a waiver had been granted to California, many of those states – including much of the Northeast – likely would have asked for an exemption as well. 

Winston Hickox, head of the California EPA, said that the MTBE ban, to be imposed in California at the end of 2002, may now have to be postponed. “The time frame is now open to consideration,” he said at a news conference in Sacramento. 

Hickox also raised concern that there will be enough ethanol to meet the state’s needs. 

“Does that ring any bells?” Hickox asked, alluding to California’s current battle with high electricity costs because of shortages from mostly outside power suppliers. 

California officials have argued – with the support of the oil industry – that a new generation of gasoline, “RFG III,” already meets the state’s clean air requirements without an additive. 

“RFG III would be less expensive to produce than gasoline with ethanol, and ... California air would be cleaner than it would with ethanol,” said William Rukeyser, a spokesman for the California EPA. 

He said the federal EPA’s own blue-ribbon panel, which several years ago urged a phaseout of MTBE as an additive because of concern about water pollution, “validated what we’re saying about RFG III gasoline.” 

Farming interests and their supporters in Congress have lobbied against a waiver, viewing the California market as key to expansion of the ethanol industry. 

The industry has dismissed concerns that it won’t be able to meet California’s demand for ethanol. 

“Because ethanol has twice the oxygen content of MTBE, refiners only need to blend half as much ethanol to meet the oxygen requirement,” said Bob Dineen, vice president of the Renewable Fuels Association. 

The ethanol industry produces about 2 billion gallons of the additive annually, most of it in the Midwest. The industry estimates production will reach 3.5 billion gallons by the end of 2003. 

On the Net: 

Environmental Protection Agency: http://www.epa.gov/ 

California EPA: http://www.calepa.ca.gov/ 

Renewable Fuels Association: http://www.ethanolRFA.org/ 

Q: How will the decision affect gas prices? 

A: The Davis administration says requiring the state to import about 450 gallons of ethanol a year will increase gasoline prices 2 to 3 cents a gallon. That’s if everything goes right. If we have supply problems or gas shortage, officials warn gas prices could spike as much as 50 cents a gallon higher. State Energy Commission officials say refineries will have to retool to use ethanol, which will increase operating costs. California will use half the national supply of ethanol, which also reduces a car’s gas mileage. 

Q: Why does California have to add ethanol to gasoline? 

A: California has banned MTBE, which adds oxygen to help fuel burn more cleanly but taints the water supply. Based on studies by UC Berkeley and the California EPA, Gov. Gray Davis scheduled to phase it out by 2002. Ethanol is the only possible replacement. However, the California EPA and Air Resource Board determined the oxygen requirement makes no sense in California because we already have cleaner burning gas. 

Q: How does Bush gain politically by denying the waiver? 

A: Bush is aggressively courting Iowa, a major supplier of corn, looking ahead to the 2002 elections and to his own re-election campaign in 2004. He lost the state by fewer than 5,000 votes to Democrat Al Gore in November. 

Farm groups and their ethanol-producing partners have lobbied intensely against the waiver, reminding administration officials that corn-producing states in the Midwest generally supported Bush last year. 

One of the biggest ethanol producers, Archer Daniels Midland, contributed more than $500,000 to Republicans during the past two years, including $100,000 to Bush’s inauguration 

Q: What will the ethanol do to the air? 

A: Officials at the Air Resources Board say ethanol actually results in greater nitrogen oxygen emissions, which means more smog as well as greater toxic emissions. When you add ethanol, you add an ingredient to smog. 

Q: Why are gas prices going down in so many other parts of the country but not in California? 

A: California EPA officials say one reason is California’s high clean-air standards, which raise gasoline prices. California is essentially a separate market, an energy island on which all the gas produced here is consumed here. According to the Energy Commission, California’s gas prices were on average 30 percent higher than the rest of the country for the week ending June 11. Nationally, prices fell by 3 cents, but went up 1.5 cents here. In addition, wholesale and spot-market prices are going down. There’s every indication that California gas prices should be going down, and it’s a very good question to ask oil companies and dealers why they are not, Energy Commission officials said.

SACRAMENTO — State budget negotiators were planning to meet publicly Wednesday for the first time in six days, but too late to make the rarely met constitutional deadline for passing the budget. 

Staff members of the six-lawmaker panel have been holed up in closed-door meetings since last Thursday, looking for places to cut nearly $1 billion in new spending to pump up the state’s reserves to $2 billion. 

The committee’s chairman, Assemblyman Tony Cardenas, originally had set a deadline to wrap up by last Sunday. 

“We are in the midst of the most difficult budget process in 10 years,” Cardenas, D-Arleta, said in a statement Tuesday, adding that the committee “is facing very difficult decisions.” 

The committee is crafting a $102 billion state budget from three separate proposals – one from each house of the Legislature and from Gov. Gray Davis. 

The state constitution requires that the Legislature send a budget to the governor by June 15 – but it includes no penalties and the deadline seldom is met. 

Budget negotiators concede that the deadline cannot be met this year. However, they say they will complete their work in time for the governor to sign a spending plan by July 1, the day the new fiscal year begins. 

All of the major issues remain on the table, including spending for education, foster care and health care. Also, Republicans have said they will continue to call for a larger reserve. 

Budget observers say this year’s process may be moving slowly because of questions about the state’s financial health. 

A statewide energy crisis and economic downturn “make it difficult to look into the future and say, ’Well this is what we are going to have to work with,”’ in revenues, said Jean Ross, executive director of the California Budget Project. 

—— 

On the Net: See the governor’s spending plan at www.dof.ca.gov and the legislative plans at www.lao.ca.gov 

The first Web-based application in the nation allowing low-income children and pregnant women to enroll in public health insurance programs was announced Tuesday by Gov. Gray Davis. 

“Health-e-App is the first automated program in the country to allow people to apply to the Healthy Families Program,” Davis said at a news conference held in a community health center in San Francisco’s Chinatown. 

Davis has requested $2.1 million to make the program, available in Spanish and English, available statewide. It was tested in San Diego in January. 

The Governor’s current year budget includes $800,000 for Heath-e-App technical infrastructure. Governor Davis included $1.3 million in the 2001-2002 Budget to fund statewide implementation of Health-e-App over the next year. 

Health-e-App allows the electronic transmission of the application, signature, and supporting documents to the appropriate public health insurance programs for final processing and determination of eligibility. 

Applicants receive a confirmation that their application has been received by the state for either the Healthy Families Program, which covers children, or Medi-Cal. 

Whereas the current paperwork process can take from 45 minutes to an hour, officials said the Health-e-App enrollment process should take less than 30 minutes, depending on the size of the family. 

The pilot program was tested by six community-based organizations in San Diego County. 

Health-e-App was developed by the California HealthCare Foundation in partnership with the State of California. The Foundation provided $1 million in funding to develop and test the new process. 

The Healthy Families Program is a state and federally funded health coverage program for children in families with incomes above the level eligible for Medi-Cal and below 250 percent of the federal income guidelines ($36,576 for a family of three.) 

Some 21,000 community-based assistants who currently provide families with free help in completing the paper version of the joint Healthy Families Program/Medi-Cal for Children application are being trained to assist families with the new online application. 

——— 

On the Net: 

http://www.healtheapp.org 

http://www.healthyfamilies.ca.gov/ 

KHAYELITSHA, South Africa — Grace was coughing up blood. Her feet were numb. Her head pounded. Her mouth was full of sores. Her throat burned with a choking infection. Ulcers riddled her stomach. 

She was thin and bedridden and certain she was about to die. 

That was two weeks ago – before the AIDS medicine. 

Now, she no longer coughs up blood. The sores have cleared up, and the throat infection – treated simultaneously with another medication — is gone. The one meal of thin porridge she struggled to eat every day has turned into six daily meals filled with fruit and meat. She has gained 19 pounds. 

The miracle is not Grace’s amazing recovery. It is that an unemployed woman living in a shack with six other people would get the expensive medicine that can turn AIDS from a killer into a manageable disease. 

Grace, who is probably the first poor person in South Africa to get free AIDS medication, owes her health to a small program designed partly to prove it is possible to provide AIDS drugs to poor South Africans, and partly to shame the government into making them available. 

“We came here to demonstrate that it is not too costly ... and we came here to demonstrate that it is not too difficult, that it is totally feasible,” said Dr. Eric Goemaere, head of the South African mission of Medecins Sans Frontieres, the international humanitarian organization running the program. 

About 4.7 million South Africans are infected with HIV, but only a few thousand have private health insurance that covers the cost of medication. 

Government officials have expressed concern about the drugs’ toxicity and the lack of the necessary health infrastructure, especially in rural areas, to administer them. 

“We have no plans to introduce the wholesale administration of these drugs in the public sector,” Health Minister Manto Tshabalala-Msimang told Parliament last week. 

Tshabalala-Msimang told Parliament on Tuesday that just treating AIDS-related illnesses could overwhelm the national health budget. She said a government study had shown that the treatment priority should be fighting tuberculosis, which badly affects AIDS sufferers. 

These statements infuriate AIDS activists, whose hopes for a national treatment program were sparked in April after drug companies ended their challenge to a South African law that could allow the import or manufacture of cheap copies of patented AIDS drugs. 

Now, activists are planning a series of protests, painting the fight for AIDS treatment as an extension of the struggle against apartheid – a battle for the rights of the powerless. 

“We think it is quite appalling. (The government) is basically prepared to make these people expendable,” said Nathan Geffen of the Treatment Action Campaign. 

The Medecins Sans Frontieres’ program in the poor Cape Town suburb of Khayelitsha hopes to persuade leaders not to abandon Africans, who make up 70 percent of the world’s 36 million AIDS-infected people. 

Some experts worry whether poor Africans will adhere to the pill-taking schedule needed to prevent the virus from becoming resistant to antiretroviral drugs, but Goemaere is certain they will. He says the labs and doctors needed to support a drug program are available, at least in cities. 

“We are realistic. There is no way (the government) will suddenly drop antiretrovirals all over the place,” he said. 

However, South Africa should at least begin pilot programs and draw up guidelines for using the medicine where it is feasible, he said. 

“They have a unique opportunity to learn from a project like us,” he said. 

The group, which won the 1999 Nobel Peace Prize and is known as Doctors Without Borders in English, began giving the medicine to patients last month at its three clinics in Khayelitsha. Only about a dozen people are on the drugs so far, but the program will eventually treat 150 adults and 30 children, Goemaere said. 

After Grace, 36, tested positive for HIV in 1999, her boyfriend left her and her health slowly crashed. She and her baby son, who is not infected, moved into a shack with a friend and the friend’s four children. 

By the beginning of this year, she was so weak she could no longer do chores. 

By May, she could not get out of bed. 

“I thought I was going to die,” said Grace, who asked that her last name not be used because of the stigma AIDS carries here. 

At the end of May, an ambulance brought her to the clinic. 

Grace had never heard of antiretroviral drugs until Dr. Francoise Louis gave her a daily regimen of 3TC, AZT and nevirapine. Within four days, she started feeling better. Within a week, the feeling returned to her feet, and her mouth sores were gone. 

She has started doing chores again and is beginning to take walks around her neighborhood. 

“The tablets are very strong,” she said. “I’m feeling much better now.” 

After watching Grace’s health slowly seep away, Louis is heartened by her recovery. 

“It’s very moving, but it makes me angrier that everyone is not on this,” she said. 

As Louis spoke, her thoughts kept returning to the tragedy, just two hours before. 

A woman in her mid-twenties – in the final throes of AIDS – was inexplicably sent to the clinic instead of the nearby hospital emergency room. Dangerously dehydrated and beyond the doctors’ help, she sat in a wheelchair in the waiting room amid an expanding pool of her own diarrhea. Other patients, in tears, stroked her head and held her hand. 

She died within 10 minutes. 

Louis hopes the small project will eventually save millions of South Africans from that fate. 

“She didn’t die in dignity,” Louis said. 

SAN FRANCISCO — A new line of business software introduced Tuesday by search engine maker AltaVista Co. will enable employees to scour corporate networks, e-mail accounts and personal computers by stitching together valuable – and sometimes embarrassing – information scattered on far-flung office systems. 

AltaVista hails the new product as a desirable tool for increasing productivity. But a prominent computer privacy expert said it could backfire, hurting employee morale by making it easier to fish out personal e-mails and other sensitive data stored on hard drives. The software also could raise legal issues and create new security headaches. 

“This could open a real Pandora’s box,” said Gregg Williams, an attorney who specializes in employment law for Fenwick & West in Palo Alto. “There are some private things on office computers that you really don’t want to know about.” 

Palo Alto-based AltaVista says businesses will be able to tailor the software so certain areas of an office’s computing systems remain off-limits. 

The number of employees able to search the master index also can be restricted. The software will use the same patented technology that has made AltaVista’s Web site one of the world’s most popular online search engines during the past six years. 

The company said the search software received positive feedback in test runs by several companies, including Accenture, Putnam Investments, Factiva and Vertex Pharmaceuticals 

By making it easy to retrieve information from a hodgepodge of computer servers, e-mail accounts and PC hard drives, the search software effectively creates a peer-to-peer network similar to the one popularized by the online music-sharing Web site Napster, which is battling to stay afloat after running afoul of copyright laws. 

The AltaVista software is based on the premise that businesses operating in an information-driven era will be better off if more employees can sift through a community storehouse of data gathered from corporate intranets, workers’ e-mail boxes and PC hard drives. 

AltaVista estimates 75 percent of all information on corporate networks and PCs are stored in formats that cannot be quickly searched like a database or spreadsheet. AltaVista said its software can search through more than 200 different computer applications and recognize 30 different languages. 

Similar office search products have been made by Autonomy, Verity and Convera, but none have been quite as powerful or as easy to use as AltaVista’s new product, said Dana Gardner, research director for the Aberdeen Group, an industry analyst in Boston. 

“This looks like something that really could be for the common good of businesses,” Gardner said. “One of the really annoying things for businesses today is the knowledge that they have all this great stuff in their computers, but it’s very difficult to get to it when they need it most.” 

Creating a master index of all the information on a company’s central servers, e-mail accounts and PCs would tempt some employees to snoop for office gossip and possibly promote interoffice espionage among rival workers seeking to impress their bosses on important projects, said Richard Smith, chief technology officer for the Privacy Foundation in Denver. 

“Indexing e-mail and hard drives and opening them up to general searches would be really dangerous. It would hurt both companies and their employees by damaging morale and distributing information never meant to be shared,” Smith said. 

But Gardner contends the financial benefits of AltaVista’s search software overshadow any concerns about offending employees who aren’t supposed to be storing personal information on corporate property in the first place. 

“For every person that gets a little embarrassed because some personal information gets passed around the office, there are going to be more people who are able to find important information that helps them close a sale with an important customer or build a better mousetrap,” the analyst said. 

Having a central index, however, could place a greater legal burden on employers, attorney Williams said. For instance, an employee alleging harassment by another co-worker could demand an employer to search for incriminating evidence in e-mail accounts and PC hard drives. 

And creating a central index isn’t practical for most companies concerned about protecting confidential information, said John Garber, chief strategic officer for Cryptek Secure Communications in Chantilly, Va. “This is white-tower stuff. There probably isn’t a company with more than 40 employees where all the employees should be entitled to see everything in a company’s computers” 

On The Net: 

http://www.altavista.com 

CHICAGO — AT&T, the nation’s largest cable business, says it’s still committed to creating new and innovative interactive services delivered to consumers by TV. 

What features it offers and when those hit the market will be driven by consumer interest and demand — not just the availability of technology, said company executives attending the National Cable & Television Association meeting here. 

Just days before the start of the industry’s major trade show, AT&T decided it would scale back its plans to distribute advanced set-top boxes to customers. Instead, the company plans to continue rolling out a simpler set-top box that’s already in use by 3.5 million cable customers. That box is geared toward making programming and entertainment interactive. It can perform such functions as allowing consumers to access movies and videos whenever they want. 

As for selling the next generation of boxes which can enable personal computer-like services, AT&T officials say that they must first gauge consumer interest and response. 

“We will move to that when we are comfortable with the operational and consumer driven aspects of that,” said Dan Somers, head of AT&T Broadband, the company’s cable TV and Internet business. “Customers right now want easy applications.” 

People are less interested in accessing the Web over television than in being able to interact more with the TV programming and video they get now, says AT&T Chairman C. Michael Armstrong. 

“What people really seem to enjoy are fuller expressions of entertainment rather than simply bringing Web sites to the television set,” Armstrong said here Monday. 

In addition, the company figured out that the existing set-top box could be used for a broader array of applications than originally anticipated. 

The “technology is allowing (consumers) to do more today than we thought we could,” Somers said Tuesday. “We’re going to exploit that.” 

AT&T’s decision has had a ripple effect at the show here, raising questions about the future of the service. 

Microsoft Corp. – which makes the interactive TV software that was to have gone in AT&T’s more advanced set-top boxes – says it still believes in the technology, even if there are some minor bumps on the road to making it a reality. 

“There has been a change of program, but we remain very much committed ... to helping interactive TV come true,” said Jon DeVaan, senior vice president of Microsoft’s TV division on Tuesday. “Microsoft is also strongly committed to the advanced set-top box.” 

AT&T’s dropping of the Microsoft-enabled cable box was seen as a blow to the software giant, which invested $5 billion in AT&T two years ago. 

DeVaan said that Microsoft has invested a lot money in the cable industry overall to help companies make the move to new, digital networks, and the final result of that still benefits his company, he said. 

“Broadband networks increase the value of software,” he said. 

In keeping with a long tradition of activism, Berkeley’s Housing Department is asking the City Council to officially participate in a grassroots “blackout” protest of the Bush Administration’s energy polices. 

“The first thing that came to my mind when I saw this recommendation was that it was not from a councilmember trying to promote themselves, but from a city department,” Councilmember Kriss Worthington said. “It’s a testament to Berkeley culture where activism is embraced throughout the city and its organization.” 

If the resolution, written by Energy Officer Neil De Snoo and endorsed by Interim Housing Director Stephen Barton, is adopted, Berkeley will officially participate in a statewide protest that is being organized primarily through  

the Internet.  

Barton said he is unaware of any other municipalities that have officially adopted a policy supporting the protest. 

The protest is aimed at the Bush Administration’s energy policies, which Barton says puts too much emphasis on fossil and nuclear fuels and not enough on conservation and alternate energy sources.  

The protest is also aimed at state energy suppliers for abusive pricing practices, Barton said. 

According to a posting on the Ecology Center’s Web site, the protest, known as the “Roll Your Own Blackout Campaign,” will take place on the first day of summer, Thursday, June 21. The posting, which does not include any information about the campaign organizer, calls for a voluntary blackout between the hours of 7 p.m. and 10 p.m.  

The posting asks participants to “turn out your lights. Unplug whatever you can unplug in your house. Light a candle to the Sun God, kiss and tell, make love, tell ghost stories, do something instead of watching television, have fun in the dark.” 

The Housing Department’s recommendation asks the City Council to urge citizens, businesses, institutions and municipal employees to participate in the protest.  

“I think that’s fine,” said Mayor Shirley Dean. “We can get the information out through press releases, the city’s Web site and through neighborhood group e-mails.”  

Barton said the city’s official participation would cost little and the city might even save some money by keeping the lights out. 

Barton said most city offices are closed at that time so it would be no great sacrifice for the city to participate. “It’s not a particularly high-use time of day,” he said. “It’s when most people are home.” 

Police spokesperson Lt. Russell Lopes said the public safety operations would not shut off power during the protest but may participate in a symbolic manner if the City Council asks. 

Barton said another exciting aspect of the protest is that word is getting out on the World Wide Web. “There’s a lot of excitement about the Internet as a organizing tool,” he said. “It will be interesting to see how it works.” 

Barton said traditionally the only organizations that have been consistently successful at statewide campaigns are large business interests and unions. 

Barton said he didn’t think it was necessary to include suggestions for activities people could take part in while the television is off. “I think of all the places in the state, Berkeley has the least need of suggestions about what to do for a few hours without electricity.”

Tuesday, June 12

Berkeley Camera Club  

7:30 p.m. 

Northbrae Community Church  

941 The Alameda  

Share your slides and learn what other photographers are doing. Monthly field trips. 531-8664 

Young Queer Women’s Group 

8 - 9:30 p.m.  

Pacific Center 

2712 Telegraph Ave.  

Make some new friends, expand your horizons and get support with a bunch of queer women all in the same place at the same time (somewhere between 18 and 25).  

548-8283 or visit www.pacificcenter.org 

Berkeley Farmers’ Market 

2 - 7 p.m. 

Derby Street between Martin Luther King Jr. Way and Milvia Street 548-3333 

Cooking for BEFHP Women 

6:30 - 8:30 p.m. 

BEFHP Women’s Resource Center 

2140 Dwight Way 

Come help the Berkeley Emergency Food and Housing Project prepare, serve, and cleanup a hot meal prepared for Berkeley’s homeless women and children. Teens 16 and up. 650-965-0242 

KPFA Advisory Board  

Community Meeting 

7 p.m. 

1724 Adeline at 18th St. 

Oakland 

658-1512 

Landmarks Preservation  

Commission 

8:30 a.m. - 10 a.m. 

Permit Service Center 

2120 Milvia Street 

Second Floor Conference Room 

Ad-hoc subcommittee special meeting, discussion of a proposal to conduct a comprehensive, citywide survey of potentially historic resources. 

705-8111 

Alameda County Board  

of Education 

6 p.m. 

Alameda County Office of Education 

313 W. Winton Avenue, Hayward 

Discussion of summer school for juvenile court and community schools. 

Wednesday, June 13

Defining Diversity 

7 - 9 p.m. 

Ecology Center 

2530 San Pablo Ave.  

Different interpretations of biological and cultural diversity and how it’s used for very different purposes. 548-2220 

Commission On Disability  

Hearings 

4 - 6 p.m. 

North Berkeley Senior Center 

1901 Hearst St. 

Open forum, opportunity for public to present ideas and concerns about barriers for people with disabilities and accessibility of City facilities. Public comment on Berkeley’s proposed “Americans with Disabilities Act Transition Plan.” Also, naming I-80 overcrossing after Ed Roberts, requesting Congressional Representatives and Senators to add benefits for dental and eyeglasses coverage in Medi-Care. 

981-6342 

Lead-Safe Painting and Home  

Remodeling 

6 - 8 p.m. 

Claremont Branch Library 

2940 Benvenue Ave. 

Free course on how to detect and remedy lead hazards in the home. 

567-8280 

“Illusions of the ‘New Economy’” 

7:30 p.m. 

La Pena Cultural Center 

3105 Shattuck Ave. 

Talk by professor and author Dick Walker. $5 donation requested. 

415-863-6637  

Claremont Elmwood  

Neighborhood Association  

General Meeting 

7:30 - 9:30 p.m. 

St. Clement’s Episcopal Church 

2837 Claremont Blvd. 

Covers area of Berkeley south of Dwight Way and east of Collage Avenue. Presentations on neighborhood issues. 

549-3793 

Trees and Shrubs of  

California 

7:30 p.m. 

UC Berkeley Botanical Garden 

200 Centennial Drive 

John Stuart and John Sawyer will be speaking about and signing their new book, “Trees and Shrubs of California.” Free. 643-2755 

Library Board of Trustees Meeting 

7 p.m. 

South Branch Library 

1901 Russell Street 

Regular meeting, including a building projects update.  

644-6095 

Police Review Commission Meeting 

7:30 p.m. 

South Berkeley Senior Center 

2939 Ellis Street 

Regular meeting with a recruitment update and continuing discussion on marijuana arrests. 

644-6716 

Organic Versus Conventional 

7 - 9 p.m. 

Center for Ecoliteracy 

2522 San Pablo Avenue (rear) 

Speaker series Organics Beyond 2001. Guest speakers Gail Feenstra and Trini Campbell or Jamie Anderson. 548-8838 

Thursday, June 14

Summer Noon Concerts 2001 

Noon - 1 p.m. 

Downtown Berkeley BART Plaza 

Shattuck at Center St. 

Weekly concert series. This week Berkeley High Folklorico De Aztlan. 

Camping and Hiking Slide  

Presentation 

7 p.m. 

REI 

1338 San Pablo Ave. 

Guidebook author Tom Stienstra gives a slide presentation on where to go hiking and camping this summer in the Sierra and Shasta region. Free. 527-4140 

Berkeley School Volunteers 

10:30 a.m. - Noon 

1835 Allston Way 

Orientation for volunteers interested in helping in summer academic and recreation programs. 644-8833 

Fair Campaign Practices Commission Meeting 

7:30 p.m. 

North Berkeley Senior Center 

1901 Hearst Street 

Special meeting to discuss and act upon, among other items, possible violations of the Berkeley Election Reform Act. 981-6950 

Adventures In Nature: Panama 

7:30 p.m. 

Easy Going Travel Shop and Bookstore 

1385 Shattuck Avenue 

William Friar, author of a new travel guide to Panama, will give a slide presentation and talk on Panama’s wildlife, history and culture. Free. 843-3533 

Friday, June 15

Free Writing, Cashiering  

& Computer Literacy Class 

9 a.m. - 1 p.m.  

AJOB Adult School  

1911 Addison St.  

Classes offered Monday through Friday. Stop by and register or call 548-6700. www.ajob.org 

Living Philosophers  

10 a.m. - Noon  

North Berkeley Senior Center  

1901 Hearst Ave. Hear and entertain the ideas of some modern day philosophers: Jacob Needleman, J. Revel, Hilary Putnam, John Searle, Saul Kripke, Richard Rorty and others. Every Friday, except holidays. Facilitated by H.D. Moe.  

Therapy for Trans Partners  

6 - 7:30 p.m.  

Pacific Center for Human Growth  

2712 Telegraph Ave. (at Derby)  

A group open to partners of those in transition or considering transition. Intake process required. Meeting Fridays through August 17. $8 - $35 sliding scale per session Call 548-8283 x534 or x522 

— compiled by  

Sabrina Forkish 

City Commons Club, Luncheon and Speaker 

11:45 a.m. 

Berkeley City Club 

2315 Durant Ave. 

This week featuring Edward Fox on “Regional Development Plans of The Wilderness Society.” Come early for social hour. Lunch at 11:45 for $11-$12.25. Come at 12:30 to hear the speaker only for $1, students free. Reservations required for three or more. 

848-3533 

Saturday, June 16

Berkeley Farmers’ Market 

10 a.m. - 3 p.m. 

Center Street between Martin Luther King Jr. Way and Milvia Street 

548-3333 

Berkeley Arts Festival Music Circus 

1 p.m. - 5 p.m. 

Shattuck Ave. between University Ave. and Channing Way 

The Music Circus will feature dozens of eclectic performances ranging from string quartets to blues and jazz. Free bus fare to and from the event offered by AC Transit. 665-9496. Free. 

Botanical Garden Spring Party 

3 - 6 p.m. 

UC Berkeley Botanical Garden 

200 Centennial Drive 

Celebrating the completion of the new Arid House and the renovation of the Southern African area. Food, wine and jazz. Fundraiser for the Garden, $25 per person. 

643-2755 

Puppet Shows on Cultural and Medical Differences 

1:30 p.m. and 2:30 p.m. 

Hall of Health 

2230 Shattuck Ave. (lower level) 

Two shows for kids of all ages and their families promote acceptance and understanding of cultural and medical differences. Free. 

549-1564 

Poets’ Corner 

1:30 - 4 p.m. 

Shattuck and Kittredge 

Ten poets will read on the downtown street corner as a kick-off event for the two-week Berkeley Arts Festival. 

649-3929 

Energy Crisis 

2 p.m. 

6501 Telegraph Avenue 

Oakland 

“Why They Can’t Keep the Lights On and What We Can Do About It.” Graham Brownstein and other panalists provide information on the corporate rip-off sometimes referred to as the “energy crisis.” 

595-7417 

City needs to help faith-based groups like Beth El 

Editor: 

I am writing to you to express my support for Temple Beth El’s request to construct a new Synagogue at its Oxford/Spruce Street site. I am a 28-year resident of Berkeley and have lived on Spruce Street in Betty Olds’ district for the last ten years and consider myself a neighbor of the proposed site. 

In my years in Berkeley, I have been involved in a number of community projects. I served as a member of the Board of Directors of Save San Francisco Bay Association for two years in the early-90’s. I was a member of the Cragmont School Site Committee for three years between 1992 and 1995. I was the fund-raising chair for the Berkeley Schools Excellence Project campaign in 1994. I was elected and served as Chairperson of the Berkeley Schools Excellence Project Planning and Oversight Committee for four consecutive terms between 1994 and 1998. I served as Campaign Chairman for the Berkeley Schools Excellence Project Measure in 1998 and take pride in having convinced 92 percent of the voters of Berkeley to support the Measure. In addition, I spent hundreds of hours volunteering at various Berkeley schools while my children were in elementary school. These experiences have given me some insight into the real needs of Berkeley’s youth. 

As a long-time Berkeley resident and an observer of Berkeley’s politics, I am not surprised to see that Temple Beth El’s plans have been opposed and that the opposition has seized on the Codornices creek as a vehicle to try to prevent construction of the new synagogue. I write to emphatically request that Temple Beth El be permitted to pursue construction of its new synagogue without further delay or cost. As a neighbor of the site, I believe that the impact on the neighborhood will be negligible. As a committed outdoorsman, I believe the opposition’s demand that the long-covered creek be daylighted is disingenuous. As a lawyer, I know the City Council does not have the legal authority to condition approval of the project on daylighting the creek. 

As a devout Catholic, I understand the value and importance of communities of faith to our city, and particularly our children. Temple Beth El operates a number of excellent programs that provide our children with the spiritual support they need which they are not receiving from our other civic institutions. 

It is a shame that Berkeley is not actively doing everything in its power to facilitate and assist Temple Beth El in relocating its facility so that it can expand its mission of attending to both the spiritual and worldly needs of its members and the greater Berkeley community. To put it bluntly, Berkeley needs active faith-based institutions considerably more than it needs to daylight long-covered creeks. Please use all of your resources and influence to help Temple Beth El with its mission of serving Berkeley and the greater East Bay. Please support Temple Beth El. 

Jonathan S. O’Donnell  

Berkeley 

Beth El must address real issues 

Editor: 

Michael Ferguson in his letter to the Daily Planet (June 11, 2001) refers to the number of Beth El supporters who were present at the June 5 City Council hearing. He should also have included the school children whom Beth El bused in to serenade City Council members and also to the number of young people from the Congregation who appealed to Council on the basis of the value and worth of Beth El in their lives. Beth El has no difficulty in summoning vast numbers of its Congregation to appeal to the emotions of whatever city department happens to be considering its request at the time. However, this is exactly the problem: in appealing to the emotions, Beth El does not address the real issues. Until it does, no consensus can be reached and no progress can be made. 

Carol Connolly 

Berkeley 

No answer, no vote 

Editor: 

Over two months ago I wrote to Dion Aroner, Democratic state assemblywoman, at her Berkeley office, suggesting a change in state law that would improve highway safety. Upon no reply, I called that office, once, twice, three times to different staff merely questioning whether my letter had been received. Two weeks thereafter, still no answer. Alarmed at the specter of Bush as president, although an independent voter, I had given money to the Democratic National Committee. They keep asking for more. 

The Democrats lost the last election, not mainly because of Ralph Nader and Floridian ballot problems, but because of disarray and behavior mimicking watered-down Republicans. I didn’t vote for Nader; I did vote for Aroner, though I knew little about her. Now, after three strikes from her office, she’s out of my vote. 

The two-party system should be abandoned, though the Green Party is an inadequate contender. The Dems and Reps, just figuring enough cash from wherever will fend off third parties, have no respect for their incumbents’ non-corporate, voting constituents’ wishes. What kind of representative government retains politicians whose offices cannot even tell a constituent whether they have received a letter from him? 

Raymond A. Chamberlin 

Berkeley 

Non-owners hurt by tax system 

Editor: 

Without any disrespect, Mr. Vukelich’s letter (Forum, May 28) is characterized by false logic, false premises, and extreme bias.  

First, Mr. Vukelich decries the diminishment of corporate taxes and the subsequent growth of personal income taxes – on this point I would certainly agree – this represents a transfer of wealth to corporate owners and stockholders and a reduction in responsibility for the social and environmental infrastructure that allows corporations, and society in general, to function. However, he causally relates this to the presence of the estate tax, because, he apparently argues, the estate tax destroys small businessman and farmers and encourages them to be swallowed by larger corporations. I assume an extension of his argument is that this phenomena has given corporations greater ability to also diminish taxes on corporate earnings and transfer the tax burden to average citizens and small businessman. 

The analysis is shortsighted. I have no doubt that the phenomena that Mr. Vukelich describes is true, however, blaming the estate tax is not the answer, nor is the vanquishment of the estate tax the solution. While it may be true that small business people and farmers are disproportionately affected by the estate tax, the people who are really hurt the most by current tax policy, and the proposed extinguishment of the estate tax, are the vast majority of Americans. 

When one looks at the total tax picture we see that the average wage earner is the person most hurt by our current system. All owners, whether small businessmen or corporate kings, benefit disproportionately. Mr. Vukelich and Sen. Feinstein both appear to share a common disregard for the average person and an uncritical support for business owners. I agree with Mr. Vukelich that small businessmen and farmers should not bear an unfair tax burden, but neither should wage earners. The elimination of estate taxes will further encourage the gulf occurring between 95 percent of Americans and the ruling elite. Mr. Vukelich worries about communism when there is a far greater threat of totalitarianism in this country. 

Small businessman and farmers will be better served by a more progressive estate tax that redistributes wealth and supports average citizens to become more financially secure and politically active in their defense. This does not lead to the end of capitalism or the rise of communism. This would lead to an expansion of democracy and the protection of the rights of all citizens including small businessman and farmers. If a refined estate tax was coupled with a reallocation of income taxes to businesses rather than private citizens this phenomena would be further enhanced. Such a program could be carefully designed to provide both the benefits of capitalism and socialism. We don't have to live in an either/or world and we don't have to let passive investors or owners acquire the bulk of our nation's wealth and a monopoly on political power. 

James Cisney 

Berkeley

Habitot Children’s Museum “Back to the Farm” An interactive exhibit gives children the chance to wiggle through tunnels, look into a mirrored fish pond, don farm animal costumes, ride on a John Deere tractor and more. “Recycling Center” Lets the kids crank the conveyor belt to sort cans, plastic bottles and newspaper bundles into dumpster bins. $4 adults; $6 children age 7 and under; $3 for each additional child age 7 and under. Monday and Wednesday, 9:30 a.m. to 1 p.m.; Tuesday and Friday, 9:30 a.m. to 5 p.m.; Thursday, 9:30 a.m. to 7 p.m.; Saturday, 10 a.m. to 5 p.m.; Sunday, 11 a.m. to 5 p.m. (closed Sundays, Memorial Day through Labor Day) Kittredge Street and Shattuck Avenue 647-1111 or www.habitot.org  

Judah L. Magnes Museum “Telling Time: To Everything There Is A Season” through May 2002. An exhibit structured around the seasons of the year and the seasons of life with objects ranging from the sacred and the secular, to the provocative and the whimsical. 2911 Russell St. 549-6950  

The Asian Galleries “Art of the Sung: Court and Monastery.” A display of early Chinese works from the permanent collection. “Chinese Ceramics and Bronzes: The First 3,000 Years,” open-ended. “Works on Extended Loan from Warren King,” open-ended. “Three Towers of Han,” open-ended. $6 general; $4 seniors and students age 12 to 18; free children age 12 and under; free Thursday, 11 a.m. to noon and 5 p.m. to 9 p.m. Wednesday, Friday through Sunday, 11 a.m. to 5 p.m.; Thursday, 11 a.m. to 9 p.m. 642-0808 

UC Berkeley Museum of Paleontology Lobby, Valley Life Sciences Building, UC Berkeley “Tyrannosaurus Rex,” ongoing. A 20 by 40-foot replica of the fearsome dinosaur made from casts of bones of the most complete T. Rex skeleton yet excavated. When unearthed in Montana, the bones were all lying in place with only a small piece of the tailbone missing. “Pteranodon” A suspended skeleton of a flying reptile with a wingspan of 22-23 feet. The Pteranodon lived at the same time as the dinosaurs. Free. Monday through Friday, 8 a.m. to 5 p.m.; Saturday and Sunday, 1 p.m. to 5 p.m. 642-1821 

Lawrence Hall of Science “Math Rules!” A math exhibit of hands-on problem-solving stations, each with a different mathematical challenge. “Within the Human Brain,” ongoing. Visitors test their cranial nerves, play skeeball, master mazes, match musical tones and construct stories inside a simulated “rat cage” of learning experiments. “Saturday Night Stargazing,” First and third Saturdays each month. 8 - 10 p.m., LHS plaza. Computer Lab, Saturdays 12:30 - 3:30 p.m. $7 for adults; $5 for children 5-18; $3 for children 3-4. 642-5132 

Holt Planetarium Programs are recommended for age 8 and up; children under age 6 will not be admitted. $2 in addition to regular museum admission. “Constellations Tonight” Ongoing. Using a simple star map, learn to identify the most prominent constellations for the season in the planetarium sky. Daily, 3:30 p.m. $7 general; $5 seniors, students, disabled, and youths age 7 to 18; $3 children age 3 to 5 ; free children age 2 and younger. Daily 10 a.m. to 5 p.m. Centennial Drive, UC Berkeley 642-5132 or www.lhs.berkeley.edu  

924 Gilman St. All shows begin at 8 p.m. unless noted $5; $2 for year membership. All ages. June 15: Strike Anywhere, Missing 23rd, Crispus Attacks, Planes Mistaken For Stars, Deadlock Frequency; June 16: Nerve Agents, American Nightmare, Fields of Fire, Affront, Scissorhands. June 22 Hoods, Fall Silent, Clenched Fist, Osiva, Hellcrew; June 23 The Hellbillies, The Fartz, The Tossers, Ruodp, The Fightbacks; June 29 Barfeeders, Pac-Men, Hell After Dark, A.K.A. Nothing, Maurice’s Little Bastards; June 30 The Cost, Pg. 99, Majority Rule, 7 Days of Samsara, Since by Man, Creation is Crucifixion 525-9926  

Albatross Pub Music at 9 p.m. unless noted otherwise. June 12: Mad and Eddie Duran; June 14/21/28: Keni “El Lebrijano”; June 19: pickPocket Ensemble; June 20: Whiskey Brothers; June 26 Mad & eddie Duran Jazz Duo; June 30: Larry Stefl Jazz Quartet 1822 San Pablo Ave. 843-2473  

Anna’s Music at 8 p.m. June 12: Best of Open Mike; June 13: Bob Schoen Jazz Quartet; June 14: Richard Kalman Combo. $2 weeknights, $3 weekends. 1801 University Ave. 849-ANNA  

Ashkenaz June 12, 7 p.m.: Bandworks; June 13, 9 p.m.: Red Archibald and the Internationals; June 14, 10 p.m.: Dead DJ Nite with Digital Dave; June 15, 9 :30 p.m.: Winston Jarrett with special guests; June 16, 9:30 p.m.: Amandla Poets; June 17, 6 p.m.: Ray Cepeda and the Neo Maya Experience; June 19, 9 p.m.: Brass Menagerie; June 20, 9 p.m.: Gator Beat; June 21, 10 p.m.: Digital Dave; June 24, 8 p.m.: Babatunde Olantunji; June 26, 9 p.m.: DP & The Rhythem Riders; June 27, 8 p.m.: Fling Ding/Circle R Boys/Dark Hollow; June 28, 9 p.m.: Monkey/Stiff Richards/ Go Jimmy Go.1370 San Pablo Ave. 525-5054 or www.ashkenaz.com 

Blakes June 17, 9 p.m.: Third Eye Movement’s Straight Buldin Tour 2001 featuring Red, Guard, Renaissance, Bored Stiff, Deuce Eclipse, Gazzi and SoulSistaSoul. Hosted by Rob Jamal of nommo; 2367 Telegraph; for more info call 238-8080 x310 

Freight & Salvage All music at 8 p.m. June 12: Keith Little with Del Williams; June 13: Danu; June 14: Guy Davis; June 15: The Laurie Lewis Trio; June 16: Rova Saxophone Quartet. $17.50. St. June 21 Rachel Garlin, $15.00 advance, $16.50 door 1111 Addison www.freightandsalvage.org; 548-1761 

Jupiter All shows at 8 p.m. June 12, Ben Graves Trio; June 13: Crater; June 14: Beatdown with DJs Delon, Yamu, Add1; June 15: Steven Emerson; June 16: Nucleus; June 19; Mas Cabeza; June 20: Wavelord; June 21: Beatdown w/ DJ’s Delon, Yamu & Addi; June 22: Realistic; June 23: Wayside; June 26: Bruno Pelletier Trio; June 27: O Maya; June 28: Beatdown w/ DJ’s Delon, Yamu & Addi; June 29: Zoe Ellis Quartet; June 30 Go Van Gogh 2881 Shattuck Ave 843-8277 

La Peña Cultural Center June 15, 8 p.m.: TIJUANA NO! with Caradura and Prophets of Rage Dj La Viuda Negra. 3105 Shattuck Ave. 849-2568 www.lapena.org  

Live Oaks Concerts, Berkeley Art Center, June 24 7:30 p.m. Stephen Bell. Admission $10 (BACA members $8, students and seniors $9, children under 12 free) 

Veda Hille and Sini Anderson June 12, 7:30 p.m. Presented by the Rose Street House of Music, a concert/workshop space featuring women singer/songwriters. For location and ticket information, call 594-4000 ext. 687 or visit www.rosestreetmusic.com 

Jazzschool Recitals June 14, 8 p.m.: Adult Big Band; June 17, 4 p.m.: Jazz Combos; June 19, 4 p.m.: Jazz Groups; June 20, 4 p.m. Jazz Ensembles; June 21, 4 p.m. Jazz Combos. Free. The Jazzschool/La Note 2377 Shattuck Ave. 845-5373  

WordWind Chorus June 15, 8 p.m. In celebration of the release of its first CD, the WordWind Chorus will perform a unique collaboration of music and poetry. $10 Tuva Space 3192 Adeline 530-7698 

Estradasphere and Warsaw June 15, 9:30 p.m. $7 Blakes 2367 Telegraph Ave. 848-0886 

Celebrating Um Kulthoum June 17, 7 p.m. A benefit concert for Palestinian Refugees, the Lammam Ensemble will perform some of legendary Arabic vocalist Um Kulthoum’s most cherished songs. $20. International House Auditorium 2299 Piedmont Ave. at Bancroft 415-648-1353 

Berkeley Symphony Orchestra Season Finale June 21, 8 p.m. Works by Shostakovich, Brahms, and Rohde. $19 - $35 Zellerbach Hall, UC Berkeley 841-2800  

“More Matters of Life and Death” June 15 - 17, 8 p.m. The newest cycle of this series, “Iris, Blue, Each Spring,” tackles the joys and sorrows of growing older and is set to “Six Japanese Songs” by Margaret Garwood. Presented by The Ruch Botchan Dance Company in concert with The Mirage Ensemble. $12 - $15 Western Sky Studio 2525 Eighth St. 848-4878 

“Dance Mosaic: Celebrating Diversity” June 16, 8 p.m. and June 17, 2 p.m. The annual repertory concert for the Mahea Uchiyama Center for International Dance features over 100 performers of dance and music from the South Pacific, India, Africa and the Middle East. $5 - $15 Juia Morgan Center for the Arts 2640 Collage Ave. 925-798-1300 

Kalanjali in Concert June 22, 7 p.m. Kalanjali concludes its celebration of its 25th year in Berkeley with a special recital. Experienced dancers and young students, with guests from India including dancer K. P. Yesoda and the musicians of Bharatakalanjali. $6 - $8 Juia Morgan Center for the Arts 2640 Collage Ave. 925-798-1300 

“Cymbeline” Through June 24, Tues. - Thur. 7:30 p.m., Fri. 8 p.m., Sat. 2 p.m. and 8 p.m., Sun. 4 p.m. Opening of the California Shakespeare Festival features one of Shakespeare’s first romances, directed by Daniel Fish. $12 - $146. Bruns Memorial Amphitheater off Highway 24 at the Shakespeare Festival Way/Gateway Exit. 548-9666 or www.calshakes.org 

“The Laramie Project” Through July 8, Wed. 7 p.m., Tues. and Thur. -Sat. 8 p.m., Sun. 2 p.m. and 7 p.m. Written by Moises Kaufmen and members of Tectonic Theater Project, directed by Moises Kaufman. Moises Kaufman and Tectonic members traveled to Laramie, Wyo., after the murder of openly gay student Matthew Shepherd. The play is about the community and the impact Shepherd’s death had on its members. $10 - $50. The Roda Theatre, Berkeley Repertory Theatre 2015 Addison St. 647-2949 www.berkeleyrep.org 

“Romeo and Juliet” June 14 - July 14, Thurs. - Sat. 8 p.m. Set in early 1930’s just before the rise of Hitler in the Kit Kat Klub, Juliet is torn between ties to the Nazi party and Romeo’s Jewish heritage. $8 - $10. La Val’s Subterranean Theater 1834 Euclid 234-6046 

“A Life In the Theatre” Preview June 13. Opens June 14, runs through July 15. Wed. - Sat. 8 p.m., Sun. 2 p.m. and 7 p.m. David Mamet play about the lives of two actors, considered a metaphor for life itself. Directed by Nancy Carlin. $30-$35. $26 preview nights. Berkeley City Club 2315 Durant 843-4822 

Berkeley Film Festival, June 23, 1 p.m. Berkeley Arts Festival Gallery. Presnetation of Six films: The Good War, and Those Who Refused to Fight it (Judith Ehrlich and Rick Tejada Flores), Just Crazy About Horses (Tim Lovejoy and Joe Wemple), Los Romeros: The Royal Family of the Guitar (L. John Harris and Bill Hayes), In Between the Notes (William Farley and Sandra Sharpe) and KPFA On The Air (Veronica Selver and Sharon Wood). 2220 Shattuck 486-0411 

Pacific Film Archive June 12, 7:30 p.m.: The Long Holiday; June 13, 7:30 p.m.: Bogus Biographies; June 14, 7 p.m.: Trial on the Road, 9 p.m.: Freeze-Die-Come to Life; June 15, 7:30 p.m.: A Long Happy Life, 8:50: Goodbye, Boys; Jun 16: 7 and 9 p.m.: Beau Travail; June 17, 5:30 p.m.: The Face of Another; June 19 7:30 p.m.: Los; June 20 7:30 p.m.: filial Fixations; June 21 Days of the Eclipse 7 p.m. & A Spring for the Thirsty 9:30 p.m. Pacific Film Archive Theater 2575 Bancroft Way (at Bowditch) 642-1412 

Cody’s Books 2454 Telegraph Ave. All events at 7:30 p.m. June 12: Colson Whitehead reads from “John Henry Days”; June 13: David Sedaris reads from “Me Talk Pretty One Day”; June 14: Ana Menendez reads from “In Cuba I Was A German Sheperd”; June 15: James Ellroy reads “The Cold Six Thousand.” 845-7852  

Cody’s Books 1730 Fourth St. All events at 7 p.m. unless noted otherwise. June 14: Stephanie Brill talks about “The Queer Parent’s Primer: A Lesbian and Gay Families’ Guide to Navigating the Straight World”; June 16, 4 p.m.: Chris Raschka presents a talk and demontration for children, and paints the store front window; June 18 Sherman Alexie- The Toughest Indian in the world. 559-9500 

Freight & Salvage June 23, 10 a.m.-noon Diane di Prima, beat poet and author of “recollections of My Life as a Woman”. 

Simone Martel June 16, 2 p.m. Martel will read from her book “The Expectant Gardener: A Wise and Fun Guide to the Adventure of Backyard Growing” Barnes and Noble 2352 Shattuck Ave. 644-0861  

Weekly Poetry Nitro Mondays 6:30 p.m. sign up, 7 - 9 p.m. reading. Performing poets in a dinner atmosphere. Featured poets: June 18: Katie Daley; June 25 Steve ArntsenCafe de la Paz 1600 Shattuck Ave. 843-0662 

Lawrence Berkeley National Laboratory Free. University of California, Berkeley. 486-4387 

Berkeley City Club Tours 2315 Durant Ave., Berkeley. The fourth Sunday of every month, Noon - 4 p.m. $2 848-7800  

Golden Gate Live Steamers Grizzly Peak Boulevard and Lomas Cantadas Drive at the south end of Tilden Regional Park Small locomotives, meticulously scaled to size. Trains run Sunday, 9 a.m. to 4 p.m. Rides: Sunday, noon to 3 p.m., weather permitting. 486-0623

Among the issues the City Council will consider tonight is a recommendation from the Public Works Department to continue a contract for revegetation of a section of Cerrito Creek in Albany. 

The contract will be with Shelterbelt Builders, Inc., in an amount not to exceed $78,000 through the end of 2003. 

The project is to repair the slope of the creek damaged during the construction of the Cerrito Creek sewer pipeline project. The damage occurred in Albany between Pierce and Adams streets. 

The project, dubbed the Cerrito Creek Revegetation Project, was planned by a number of organizations including the University Herbarium of UC Berkeley and the Friends of Five Creeks. 

The goal of the project is to plant strong populations of selected local native plants that will provide soil erosion and habitat protection. 

The culture down under 

The city manager is asking the council to amend a contract with the city’s archeological consulting firm, which has been retained to give the Public Works Department advice about projects in the West Berkeley Shellmound Area. 

The archeology consulting firm, Garcia and Associates, is asking for an increase in contract fees of $26,000 for a total not to exceed $207,000 for the period beginning June 15 until the end of 2003. 

The services are necessary because the city has landmarked areas in the Shellmound that are considered within the public right of way. Because of the historical status, the city has to meet state environmental guidelines. Normally the city does not have to abide by the California Environmental Quality Act when carrying out projects on the public right of way according to the staff report. 

Protecting renters 

Councilmember Dona Spring is asking the city attorney to write an amendment to the Berkeley Municipal Code that will make it tougher for landlords to evict tenants. 

Spring wants the code to be tightened to “restrict code violations that are used as grounds for eviction to only those that constitute a genuine safety of health threat,” according to Spring’s written recommendation. 

The amendments would also make it a violation for landlords to interfere with the delivery of services such as electricity, water, cable and Internet access. 

Spring’s recommendation says that due to the Costa-Hawkins vacancy decontrol, “landlords now have an incredible financial incentive to try and get rid of tenants in rent-controlled apartments.” 

The recommendation points to the example of a Berkeley landlord who, it said, recently ripped out one of his tenants’ telephone and cable lines, leaving him without fire prevention services. 

Council’s budget recommendations 

The council will make recommendations for amendments to the city manager’s budget proposals for fiscal year 2001-2002. The city manager will also answer questions about his May 9 presentation to council. 

The two-year budget for fiscal year 2001-2002 and 2002-2003 is about $524 million, a 14 percent increase from the previously adopted two-year budget.  

The council will hold a public hearing on the budget during its June 19 meeting and then adopt the budget on June 26. 

Moratorium in the MULI 

After being pushed back on the agenda several times, the moratorium on new office development in west Berkeley is on the agenda. The Planning Commission recommended the council enact a one-year moratorium on office development in the Mixed Use-Light Industrial District, also known as the MULI, in west Berkeley. 

The staff report on the recommendation says the moratorium should remain in effect until the impact of the growing number of offices on blue-collar jobs, and on artists and artisans can be determined. 

Another concern is increased traffic congestion posed by more offices. The council report, approved by Planning Commission Chair Rob Wrenn, said that about 349,000 square feet of office space has been developed in the MULI in the last three years. 

Also on the agenda are: 

• A transportation pass for city workers 

• A passenger pick-up space at the downtown BART station 

• Encouraging low income and market-rate housing in the city 

• Asking the city manager to study a Sunshine Ordinance, improving on the state’s open meeting laws 

In a move some hope will reverse a decline in the school district’s delivery of key services, the Board of Education approved an administrative structure change last week.  

In essence, the board moved to bring all its separate departments such as facilities, maintenance, budget and fiscal services and nutrition services under the leadership of one high-level person who will report directly to the superintendent.  

The new position, to be known as Associate Superintendent of Business Services and Operations, is expected to be filled some time this summer by incoming Superintendent Michele Barraza Lawrence. This gives the district’s new leader an opportunity to be involved in the selection of one of her most important lieutenants, said School Board President Terry Doran. 

Under a reorganization carried out at the end of last year, the district had split its administrative departments into two separate chains of command, with some reporting to the associate superintendent of support services while others reported to a chief financial officer. 

The board’s vote Wednesday eliminates these two positions, essentially reinstating the administrative structure that existed before the change last year. 

Interim Superintendent Stephen Goldstone argued that last year’s change resulted in a “top-heavy” administrative structure where departments that needed to carefully coordinate their work were managed by separate individuals. 

“The reorganization moves in the direction of combining related functions,” Goldstone said in a report to the board.  

For example, under last year’s reorganization, the district’s Facilities Construction Department began reporting to one manager while its maintenance department reported to another, a move Goldstone and others said made little sense given the need to coordinate between maintenance and facilities’ departments to avoid duplication of efforts and other inefficiencies. 

Nancy Riddle, a parent who sits on two budgetary advisory committees in the school district, said of the changes: “When I first looked at it I went, ‘Oh, thank goodness.’ Maintenance and facilities need to go hand and hand to be the most efficient and to make the best use of funds.” 

A litany of complaints have been leveled at the district over the last year, including claims that it has failed to provide important educational materials to school sites in a timely manner, failed to provide adequate maintenance to school buildings, grounds and equipment, failed to assess and train teachers adequately, and failed even to give the school board the budget information it needed to make sound decisions. 

“No one is blaming it on an individual or individuals, but we’ve had a system that is not working for a number of reasons and for a number of years,” said School Board Director John Selawsky late last week. 

Some of the reorganization approved Wednesday could begin to get at some of these problems, according to school sources. 

For example, the Data Processing Department, Technology Department and cable installing component of the Facilities Department will be combined into one Department of Technological Support, reporting directly to the superintendent. 

School Board Vice-president Shirley Issel said such changes make it at least possible that certain key services provided by the central office will be improved. But Issel added that organizational changes alone won’t immediately erase problems that have become entrenched over time. 

“The real meat of the thing is going to come in the implementation,” Issel said. 

SAN QUENTIN — Glen “Buddy” Nickerson walked out of San Quentin State Prison a free man Monday, 17 years after he says he was wrongly sentenced to life in prison for two murders. 

“I didn’t do it, and I’ve been saying it for 17 years,” Nickerson said after his release, hugging two attorneys who have fought to free him for the past five years. 

A federal judge presiding over Nickerson’s innocence appeal believes he may not be guilty of the charges, and has ordered him released until court proceedings before her are concluded. 

“I knew all along that he was wrongly convicted,” said Nickerson’s father, Glen Nickerson Sr., who waited outside the prison gate to greet Nickerson with a dozen other friends and family members. 

Nickerson’s family posted the $500,000 bail before U.S. Magistrate Joseph Spero, who urged the prisoner to abide by a litany of rules, including getting a job and staying out of trouble as his appeal before a different federal judge proceeds. 

“I give my word, your honor,” Nickerson, 45, replied to the judge. 

After his release, the tattooed Nickerson said he plans to “find a job and try to get my life back together.” 

U.S. District Judge Marilyn Hall Patel said June 1 that evidence before her “strongly suggest that the trial which resulted in (Nickerson’s) convictions was marked by suppression and destruction of evidence and perjury by the state’s investigators.” 

State prosecutors objected to his release. 

Deputy Attorney General Gregory Ott told Spero that “we are dealing with a convicted double murderer.” 

Patel and Nickerson’s attorneys have complained since November that Santa Clara County and state prosecutors have dragged their feet in complying with orders to produce a host of documents and statements she has ordered in the case. 

“We can drag this out when he’s not in custody,” Patel said during a hearing last month. 

Nickerson’s lawyers have assembled new evidence casting doubt on his conviction for his role in a 1984 shootout that left two men dead and set off years of still-unresolved litigation. 

Patel ordered prosecutors to file documents outlining what evidence they have that would contradict a host of new evidence that prompted his attorney, M. Gerald Schwartzbach, to declare Nickerson “an innocent man.”  

Such evidence has not been forthcoming, Patel said. 

The new evidence from Nickerson’s attorneys includes the recent arrest and filing of murder charges against a long-sought suspect who has been linked to the murder scene through DNA evidence, admitted he was there and told investigators that Nickerson had nothing to do with the crime. 

Nickerson was convicted of the 1984 ambush shooting at a condominium in an unincorporated area of Santa Clara County, between San Jose and Los Gatos. After an apparent botched drug deal, a gunfight broke out and John Evans and his stepbrother, Mickie King, were shot to death.  

A third man, Michael Osorio, also was shot in the head, but survived to testify. 

Authorities eventually convicted Nickerson and two others. 

Evidence prompting Patel to determine that a jury would not find Nickerson guilty today includes the arrest two years ago of William Jahn, who was linked through DNA testing to one of the unsolved mysteries of the murder scene. Jahn’s trial is pending. 

One of the three attackers had been wounded during the gunfight, and fled from the condo, leaving a trail of blood.  

Jahn, picked up on a drug and weapons charge in San Jose in 1997, was matched to the blood trail; he also has scarring and metal fragments in his body from a gunshot wound. 

Prosecutors charged Jahn in March with murder in connection to the Evans and King murders. Jahn, while in custody, told Nickerson’s lawyers that Nickerson was not involved. 

Osorio, the surviving victim, testified that there were three attackers of average height and weight. At the time, Nickerson weighed 425 pounds. Jahn, however, fits the description given by Osorio, who nevertheless identified Nickerson as one of the assailants at trial, Nickerson’s attorneys said. 

The case is Nickerson v. Roe, C98-04909MHP. 

SACRAMENTO — California Gov. Gray Davis is getting his first glimpse of relief after months under the political cloud of soaring electricity prices and rolling blackouts. 

A series of events – from plummeting wholesale energy and natural gas prices to the unexpected shift in the U.S. Senate – has left Davis declaring that the state has “turned a corner” in its power woes. 

But politically, he still must weather the hottest summer months, the arrival of rising electricity bills at homes and a recent dive in his popularity ratings. 

“Some irreparable damage has been done to his image and his popularity,” said Bruce Cain, director of the Institute of Governmental Studies at the University of California, Berkeley. 

Two statewide polls recently showed Davis’ approval rating plummeted to its lowest marks since he took office while electricity rates climbed. 

Meanwhile, Davis fought to shed his image as a middle-of-the-road leader, adopting a new, confrontational style in dealing with the crisis. 

He hired high-powered crisis control specialists Chris Lehane and Mark Fabiani, trained at the Clinton White House and in the Al Gore presidential campaign. He declared “war” on Texas-based energy wholesalers. 

Davis also attacked the Bush administration for opposing price controls on wholesale electricity. 

Soon after, the crisis-weary governor’s fortunes started to shift. 

Vermont Sen. James Jeffords announced he would defect from the GOP, handing the majority and committee chairmanships to Democrats who favor price caps on wholesale electricity. 

President Bush, who had been criticized for failing to visit the state since he took office, traveled to the state and met with Davis. 

On a scorching afternoon in late May, the state came within the brink of blackouts, but dodged them.  

The state Energy Commission announced that Californian’s had cut power use by 11 percent in May over the year before, which Davis called a personal victory because he has called for residents and businesses to conserve 10 percent. 

Last week, the price of wholesale electricity and natural gas plunged to its lowest price in a year. Davis aides called that a direct result of Davis signing long-term contracts with energy providers. 

“We may still have some difficult days ahead of us in the summer but it’s pretty clear that the governor’s strategy has now borne some fruit,” said Garry South, chief campaign adviser to Davis. 

Still, the energy crisis has battered the governor once considered a potential presidential contender in 2004. 

His state, heavily reliant on the fortunes of the technology sector to fill its treasury, is facing its toughest budget crunch in years. 

Also, some experts said Davis has called a premature victory in the energy crisis. The state has yet to sell $13.4 billion worth of bonds to repay the state for power buys, and California still relies heavily on the spot power market to make up for electricity shortages. 

California Republicans, meanwhile, are fortifying their campaign against Davis and the Democrats that control both houses of the legislature and all but one statewide office. The state party hired veteran consultant Rob Stutzman to counter Davis’ hiring of Lehane and Fabiani. 

Stutzman worked for former insurance commissioner Chuck Quackenbush, who resigned under the threat of impeachment last year. Stutzman said Davis has little for which to take credit. 

“The governor is like a little kid that breaks his mother’s china and then wants credit for gluing half of it back together,” Stutzman said. 

In California, Davis’ short-term fortunes look better because of his fragmented opposition. He holds strong leads over the two Republicans who have announced they will challenge him, Secretary of State Bill Jones and Los Angeles businessman William E. Simon Jr. 

Plus, Republicans in Washington and a large chunk of the state’s Republican congressional delegation have tried to lure outgoing Los Angeles Mayor Richard Riordan into the governor’s race, afraid that Jones and Simon lack the necessary star power to oppose Davis. 

Whoever runs against Davis will find an incumbent with more than $26 million raised for next year and a team of campaign advisers already using focus groups and polling to gauge public reaction to the power crisis. 

MARIPOSA — When his wife, daughter and a teenage friend failed to return from Yosemite National Park and meet at a San Francisco airport rendezvous, Jens Sund thought nothing of it and boarded a plane for Phoenix. 

It was only after finishing a round of golf the next day that he began worrying, an anxiety that grew all day and lasted more than a month – until his worst fears were realized after the bodies of the three were found outside the park. 

Sund was the first witness Monday in Mariposa Superior Court as prosecutors began presenting testimony against motel handyman Cary Stayner to see if enough evidence exists to charge him with murdering the three tourists. 

Stayner, 39, already is serving a life sentence after pleading guilty in federal court to murdering a woman who led children on nature walks in the park. He could face execution if convicted in state court in the triple murder case. 

Carole Sund, 42, daughter Juli, 15, and family friend Silvina Pelosso, 16, of Argentina had gone to the park to witness the cascading waterfalls, soaring cliffs of granite and towering trees after Juli competed in a cheerleading competition in Modesto. 

Seated only 10 feet from Stayner, Jens Sund avoided eye contact while testifying that the last time he saw the three women was when they left their Eureka home in February 1999. 

Despite testimony of his worries, there was hardly a hint of the grisly fate the women met. The words “killings” or “murders” were not uttered by any of the 10 witnesses during the first of the preliminary hearing. 

Assistant District Attorney Kim Fletcher moved methodically through testimony to build a foundation for her case, distilling the drama of the disappearances down to the mundane issues of how Cedar Lodge, where Stayner worked and lived, kept records of visitors, copies of receipts and how maids cleaned rooms. 

Through the bland testimony, however, a more poignant image began to emerge: These were the last people to see the women alive and well. The clerks who sold them knickknacks at the gift shop and the waitress who served what must have been their last meal of burritos and burgers. 

“I had the, uhhh, missing women,” testified waitress Barbara Jane Bonner. She worked at the Cedar Lodge restaurant and said she served the trio on the night of Feb. 15, 1999, when the Sund-Pelosso party was last seen alive. Jens Sund said he last spoke to his wife by phone at the lodge on Feb. 14. 

They were supposed to meet Feb. 16 at the San Francisco airport so he could take Pelosso and his other three children to the Grand Canyon. Sund’s flight was delayed by bad weather, and when he arrived at the airport his wife was nowhere to be found. 

“I thought maybe I had misunderstood Carole’s plans, so I just figured everything was fine,” he said. 

Jens Sund went ahead and boarded the Phoenix flight without them and played golf the next day in Arizona. But as he continued to try to reach his wife, calling their home and leaving messages with in-laws, Sund said he became increasingly concerned. He flew back to San Francisco the next day and met his brother-in-law. The two then went to the Cedar Lodge to look for the three, to no avail. 

Defense lawyer Marcia Morrissey, who had offered to waive the hearing and proceed to trial but was rebuffed by prosecutors, aggressively cross-examined witnesses. 

She picked away at seemingly innocuous details and revealed conflicting testimony and inconsistencies in witness statements about the chronology of the tourists’ visit, the clothes they wore, and whether Silvina Pelosso spoke with an accent. 

The hearing will likely result in two outcomes. Judge Thomas C. Hastings will determine if there’s enough evidence to proceed and, if so, prosecutors will reveal whether they will seek the death penalty. 

Outside of court, Carole Carrington, the mother of Carole Sund, said she wants prosecutors to seek the death penalty if Stayner is convicted, referring to Monday’s execution of Oklahoma City bomber Timothy McVeigh. 

Although what McVeigh did was terrible, she said it was less personal, more like a pilot dropping a bomb on a city. 

“This was face-to-face,” she said.

LOS ANGELES — Acting under a new consumer protection law, state regulators have sent nearly 200 disputes between HMOs and patients to an independent review board, which has ruled in favor of the health plans 65 percent of the time. 

A report – obtained by the Los Angeles Times but scheduled for release Monday by the California Department of Managed Health Care – is providing the first view of how recent HMO reforms have affected access to care and how consumer complaints are handled. 

Since the independent review law took effect Jan. 1, the department has sent 195 cases to be reviewed by outside doctors with no stake in the case’s outcome.  

The reviewers have rendered a decision in 168 of those cases: 110 have favored HMOs and 58 have gone to patients. The remainder are pending. 

Consumer advocates and state officials hope the report will aid Congress as it debates national patients’ rights legislation this week that contains some elements, such as expanded rights to sue HMOs, similar to California’s law. 

The health care industry has opposed patients’ rights legislation because it would enhance consumers’ rights to sue, which could lead to frivolous lawsuits and rising health care costs. 

“Certainly we have not seen that happen” in California, said Daniel Zingale, director of the managed care agency, which regulates HMOs.  

“And I would say that California’s laws are among the strongest in the nation” as far as protecting consumer rights. 

Consumers can sue HMOs if they are dissatisfied with the review process. But state officials and consumer advocates said they are unaware of any such lawsuits being filed since Jan. 1. 

The report also lists consumer complaints covering some 50 health plans. 

Among private plans with more than 1 million members, the plans with the lowest complaint rates were Aetna US Healthcare, with 0.67 complaints per 10,000 members, and Kaiser Foundation Health Plan, with 1.22 per 10,000. 

Among larger plans, the highest rate of complaints were registered by Health Net, with 2.3 per 10,000, and PacifiCare of California, with 2.52 per 10,000 members. 

Consumer advocates said it’s unclear what the scorecards mean without more data. 

The report, for example, listed zero complaints against LA Care, a manage care plan that serves nearly 2 million members in Los Angeles County.  

It was unknown how there could not be a single complaint lodged against the plan, Zingale said, but he speculated that frustrated patients may have lodged their complaints with another state agency.

TERRE HAUTE, Ind. — About 300 demonstrators – far fewer than expected – converged on the federal prison where Timothy McVeigh was executed Monday, praying or quietly holding signs, then quickly dispersing after his death. 

Prison officials had set up protest zones for death penalty opponents and supporters, separating them with 400 yards of orange snow fencing and armed guards. 

Authorities were prepared to handle 1,000 people or more, but only about 300 showed up – fewer than 100 in support of the death penalty and about 200 against it, said Jim Cross, executive assistant of the U.S. Penitentiary in Terre Haute. 

Their numbers were dwarfed by the 1,300 journalists on hand. 

Unitarian minister Bill Breeden told the death-penalty opponents that the fight against the capital punishment would go on. “We must run with the chariot and continue this struggle until it stops,” he said. 

Death penalty supporters let out a cheer and hugged upon hearing McVeigh was dead. 

Organizers said the postponement of the original execution date of May 16, and the timing of the execution just days after the last court battle was dropped, contributed to the low turnout. 

Earlier in the day, candles flickered as death penalty opponents, heads bowed, sat in a circle, silently mouthing the names on a list of the 168 victims of the Oklahoma City bombing. They remained silent for 168 minutes – one minute for each victim of the bombing. 

Protesters on both sides held signs in the glare of television spotlights. 

“What have we accomplished by executing Timothy McVeigh now that there are 169 people dead?” asked 49-year-old Bert Fitzgerald of Madison, Ind. 

Both groups took buses from city parks to the makeshift protest grounds at the prison. 

Russell Braun, 21, of Terre Haute, held a sign reading “Bye Bye Baby Killer.” He said he came to the prison to make sure the survivors were remembered. 

“It has nothing to do with McVeigh,” Braun said. “The kids could have grown up and made a difference in this world, and they weren’t even given a chance.” 

Both sides left quickly in buses after McVeigh’s death.

As much as his crime united the nation in shock, Timothy McVeigh’s death left Americans divided.  

For many, there was certitude and satisfaction that justice had prevailed; others wrestled with moral doubts. 

“When a society kills its killers, then we become a little bit more like them,” said Craig Hammond, director of a charity program in Bluefield, W. Va. 

But from Doc Hardaway, who runs a shoeshine stand in Atlanta: “Like the Bible says, an eye for an eye.” 

Although witnessed in person and on closed-circuit TV by barely 250 people, McVeigh’s death was a public event in a sense, a national execution. 

In scores of communities – Albuquerque and Chicago; York, Pa., and Concord, N.H., among many others – people fumbled for a way to mark the occasion appropriately. 

There were prayer services, vigils, subdued protests. A few catcalls directed at opponents of the death penalty.  

A lot of introspection. Even a minor victory for civility:  

\Two Los Angeles radio-show hosts canceled plans to bring an effigy of McVeigh to a bar so patrons could pummel it. 

It was a wrenching day for many Americans, not least for those who seek to end all executions.  

McVeigh never gave them ammunition for their arguments – no apology, no testimony of mental distress or an anguished childhood. 

Even as she protested against the death penalty at the University of New Mexico, where demonstrators lit a candle for McVeigh and each of his 168 victims, Meg Gorham didn’t feel like pressing her case. 

“Killing is not an answer to killing,” she said. But she also admitted that “I’m sure if my family were involved, it would be different.” 

Similar modesty from Erica Thorneburg, attending a vigil outside the federal courthouse in St. Louis.  

She wore a T-shirt opposing the death penalty, yet doubted she could articulate her views to families of McVeigh’s victims. 

“I don’t know how I could explain it,” she said. “I don’t think it will ever make sense to them.” 

How to make sense of McVeigh himself? 

At his former church, in Pendleton, N.Y., a scattering of parishioners gathered at the hour of his execution.  

“Everybody makes a mistake in his life – nobody’s perfect,” said Joseph Surdj, who once worked with McVeigh’s father at an auto plant. 

Across upstate New York, 40 people gathered outside the state Capitol in Albany to pray for McVeigh and his victims. 

“I do feel sympathy for him,” said Nicholas Barbara, 67.  

“He’s an ex-Marine like I am, he’s a nice person.” 

A different McVeigh was in the thoughts of William Dawkins, 69, a retired truck driver reading his paper on a bench near Independence Hall in Philadelphia.  

Like the majority of Americans, Dawkins supports the death penalty. 

“I am glad to see it happen,” Dawkins said. “He could have cared less whether he killed one person or 100 people.” 

Nor did the bomber win sympathy in Waco, Texas, site of the 1993 federal raid on the Branch Davidian compound.  

McVeigh said he destroyed the Oklahoma City federal building in part to protest that incident. 

“He’s not considered a martyr for us. I’ve never even met him,” said Clive Doyle, a survivor of the Waco siege. 

Outside Junction City, Kansas, Mark Morgan – a Kansas State University professor – was camping at the fishing lake where McVeigh and Terry Nichols assembled their bomb. 

Morgan knew about the bombers’ links to the lake, although his motivation Monday was to fish, not to mark McVeigh’s execution. 

“For those who lost family and loved ones, it’s going to be a long painful road,” Morgan said.

SAN FRANCISCO — Rapidly expanding Peregrine Systems Inc. announced Monday it will buy rival Remedy Corp. in a deal that will unite two leading makers of software that helps companies identify and fix problems in their computer networks. 

San Diego-based Peregrine will pay $275 million in cash and 27.9 million shares of its stock to take over Mountain View-based Remedy. 

The sales price translated into $1.1 billion when the deal was announced early Monday, but the value fell to $987 million after investors dumped Peregrine’s stock on news of the sale. Peregrine’s shares dropped $3.30, or 11.5 percent, to close at $25.51 Monday in trading on the Nasdaq Stock Exchange. 

The sale lifted Remedy’s recently slumping stock, as the company’s shares climbed $12.18, or 66 percent, to close at $30.52. 

Monday’s deal continues a year-long shopping spree for Peregrine, a 20-year-old company that went public in 1997. Since June 2000, Peregrine has paid $1.76 billion in cash and stock to buy Harbinger Corp., Loran Network Holding Corp. and Tivoli Service Desk. 

After the Remedy takeover, Peregrine’s CEO Steve Gardner will run the combined company, which will be based in San Diego. Remedy CEO Larry Garlick will have a seat on the combined company’s board. 

Several hundred workers are expected to lose their jobs as management jettisons overlapping operations in an effort to save $40 million to $50 million annually. 

Peregrine employs 3,000 workers and Remedy has 1,300 workers. Although the companies didn’t specify how many layoffs will occur, industry analyst Patrick E. Mason of Wit Soundview predicted 7 percent to 10 percent of the workers will lose their jobs, leaving the combined company with fewer than 4,000 employees. 

“We will take the very best (workers) that we can from each organization,” Gardner said during a conference call with analysts. 

Pending regulatory and shareholder approvals, Peregrine expects to complete the Remedy purchase in late August or early September. 

Combined, the companies expect to generate annual revenues of more than $1 billion. Peregrine’s revenues totaled $565 million in its most recent fiscal year ending in March, while Remedy reported sales of $288.5 million last year. 

The marriage will meld Peregrine’s strength selling to large corporations with Remedy’s focus on small to mid-sized businesses. 

Because it targets smaller businesses, Remedy has been harder hit by the dot-com downturn than Peregrine. After losing $6.2 million in this year’s first quarter, Remedy laid off 7 percent of its work force in April. 

——— 

On The Net: 

http://www.peregrine.com 

http://www.remedy.com 

NEW YORK — These are times that test not only the financial courage of investors but the nerves and credibility of financial advisers. 

They have both been wrong – most of them – and are anxious now to dismiss even the memories of the recent and unlamented carnage and set their minds to the more comfortable prospect of a rising market. 

But there’s a problem. The market isn’t listening.  

It has come back a bit, but whenever it seems ready to launch a late-1990s type surge, up comes a warning from historians or a negative report from economists. 

So, with the market failing to respond robustly, at least in ways investors have become accustomed to, and with forecasters and advisers unable to nudge it along as they did in the old bull days, what do you do? 

You retreat to longer range thinking. You get philosophical. You seek explanations in history and numbers. 

You go back to basics, says Jim Griffin of Aeltus Investment Management.  

Basics such as earnings and discount rates, the fundamentals of business cycles, the lessons of economic policies and the like. 

But even here there are problems.  

“What we really know about such basics can’t be dignified as much more than speculation, hypothesis and folklore,” says Griffin. 

If that sounds like capitulation, it is reinforced by his declaration that: “Much of the confident assertion of what is taken to be truth today is the nearly perfect obverse of what was taken to be truth a year ago.” 

Seeking understanding, Griffin looks for it in epistemology, or the study of the nature and validity of knowledge, and concludes that “what we can’t know is just how and when a market bottom might be formed.” 

Financial planner Jonathan Pond seeks truth less in short-term specifics and more in longer term forecasts in his report, encouragingly entitled  

“Some happy news for my beloved, albeit beleaguered readers.” 

First, he informs them, “We can look forward to longer and healthier lives.” 

And that “investment opportunities will proliferate.” And that “the longer-term economic outlook is positive in the U.S. and overseas.” 

Most encouraging of all, he reports that “Bear markets end and the rebound is usually substantial.”  

But then he adds “if only we knew when declining stock markets end.” 

Trained to believe in numbers and history, technical researchers at Salomon Smith Barney, have studied every discount rate cut by the Federal Reserve all the way back to 1914 and matched them against market action. 

The task was rather prodigious, since no less than 18 series of reductions have occurred in that time, and most series contained multiple cuts.  

For example, there were nine cuts in the one series of reductions between November 2, 1981 and December 15, 1982. 

In most cases following the cuts, the markets got a hefty bounce.  

This time around, the markets haven’t responded with the same buoyancy. 

Why this should be so is perhaps a matter for philosophers. 

John Cunniff is a business analyst for The Associated Press

ZAMBOANGA, Philippines — Muslim rebels claimed Tuesday that they killed an American hostage, one of more than two dozen captives they’re holding in the southern Philippine jungles. The military was skeptical of the report. 

Abu Sabaya, a leader of the Abu Sayyaf rebels, said over Radio Mindanao Network that his group had beheaded Guillermo Sobero of Corona, Calif. 

Sabaya threatened to execute one of the three Americans he holds at noon Monday, but delayed it when the Philippine government agreed to one of his demands, that a Malaysian negotiator be brought in to help settle the crisis. 

But Sabaya said the threat was carried out because he felt the government was insincere. “We could see that they were fooling us around,” he said in the RMN broadcast. 

Military spokesman Brig. Gen. Edilberto Adan stressed the claim hadn’t been confirmed. 

“We have to verify this information and confirm, because you know, in the past Sabaya has said things like this and didn’t mean it,” Adan said. 

In Washington, State Department spokeswoman Susan Pittman said officials were seeking information. “We are looking into the reports.” 

Sobero’s younger brother, Alberto, said U.S. officials also told him that the report was unverified. 

“I’m still hoping this is not true,” the Cathedral City resident said. “I ask the Philippine government to exhaust all efforts and continue a dialogue to get my brother back, and all the hostages.” 

He added that only oldest of Guillermo Sobero’s four children, a 13-year-old daughter, knows that their father has been kidnapped. 

Last year, the rebels seized several hostages and executed some Filipinos, but this was the first time they claimed to have killed a foreigner. 

In his radio comments, Sabaya also threatened to kill other hostages. His group holds at least 25 Filipinos and to other Americans, Wichita, Kan.-based missionaries Martin and Gracia Burnham. 

“We chopped the head of Guillermo Sobero,” Sabaya told RMN. “They better hurry the rescue, otherwise there will be no hostages left.” 

He said the killing occurred near the town of Tuburan and told the military: “Find his body.” 

Sabaya demanded that former Malaysian Sen. Sairin Karno join the negotiating team. Karno helped mediate last year’s kidnapping crisis, where millions of dollars in ransoms were reportedly paid to bring it to an end. 

The military has said no ransom will be paid this time. The rebels used the money last year to buy arms and speedboats used in the May 27 abduction of tourists, including the Americans, from a beach resort across the Sulu Sea. 

President Gloria Macapagal-Arroyo has ordered all-out war against the Abu Sayyaf. 

Meanwhile, three Abu Sayyaf rebels were killed and three soldiers wounded in fighting Tuesday, said Col. Danilo Servando, spokesman for the military’s southern forces. He said the clash was near Lantawan town, the area where the hostages are reportedly held. 

A day earlier, the rebels stormed a coconut and coffee plantation on southern Basilan island, burning down five houses and a chapel, then fled with 15 more hostages to go with the 13 people were already holding, the army said. Among the new hostages are two 12-year-olds. 

Sabaya said Monday’s attack on the plantation was part of a counteroffensive against the military. He claimed he sent out teams of fighters Monday to “create another problem” after reinforcements arrived from the guerrillas’ base on nearby Jolo island. 

The government has estimated the Abu Sayyaf has about 1,100 fighters in the southern islands. The military, citing intelligence reports, said about 20 Abu Sayyaf reinforcements had landed on Basilan. 

The Abu Sayyaf says it is fighting to carve out an independent Islamic state from the southern Philippines, but the government calls its members mere bandits. Muslims are a minority in the mostly Roman Catholic Philippines but are a majority in the islands where the Abu Sayyaf operates. 

This is the same group that kidnapped Oakland resident Jeffrey Schilling in August 2000. Schilling returned home unharmed in April.

Unsure whether to believe the worst, relatives of the U.S. businessman reportedly killed by Philippine rebels gathered at his home Monday, still hoping for the best. 

“We don’t have any official news. We’re still hopeful he’s alive,” said Neuza Chiong, a cousin of Guillermo Sobero’s wife, Fanny. 

Chiong, standing in front of Sobero’s home, said the hostage’s wife has decided not to comment until the family is certain of her husband’s fate. Meanwhile, journalists respected Chiong’s request to keep their vehicles away from the house to avoid alarming Sobero’s three youngest children. 

“They think he’s on vacation,” Chiong said, adding that the children were asleep early Monday evening. “I’m not sure when we’ll tell them.” Sobero, a father of four, is a Peruvian native who makes a living waterproofing homes and decks. 

Neighbors and family describe him as a friendly man who loves scuba diving and playing with his children. Yellow ribbons adorn trees in his quiet neighborhood east of Los Angeles. 

Sobero, whose children are 2, 3, 6 and 13, moved to California with his family in the early 1980s.  

He and his wife of seven years were divorcing when he was abducted from an island resort in the Philippines on May 27. His wife said afterward she didn’t know her husband had left the country, adding that he had only told her he was going to Lake Havasu, Ariz., to celebrate his birthday with some of his siblings. 

Allison Johnson, chairperson for the Berkeley High School English Department, remembers the first day the writing coaches came to her class.  

Suddenly, there they were: This neatly dressed cluster of nurses, accountants, carpenters, screenwriters, and other professionals, waiting patiently outside her classroom, wanting nothing more than to teach her students how to write. 

For Johnson, it was a dream come true. But for many of the students, it was more like a nightmare. 

“At first, they did not want to go [with the writing coaches],” Johnson said. “They were scared. They didn’t know what to expect.” 

Until recently, most Berkeley High students had a better chance of being struck by lightning than having to sit one-on-one with an adult for a full class period. But that was before Berkeley resident Mary Lee Cole, an expert in designing educational programs, launched the Writers’ Room program this past March. 

Emulating a program a New Jersey school district has used for nearly 10 years to tackle the racial achievement gap, Cole trained more than 50 volunteer writing “coaches” to work one-on-one with Berkeley High students once a week. 

Since March, the coaches have worked with some 300 students at the school, most of them freshman. Whenever possible, the same coaches meet with the same students each week, working to build a relationship of trust and respect. 

At a school where the average freshman English class can include everything from students who struggle with sixth grade level reading assignments to students prepared to write an insightful and cogent essay on, say, Dostoyevsky’s Notes from Underground, Cole said the Writers’ Room program provides a unique opportunity to customize the education experience according to the needs of individual students. 

“We are in the business of personalizing the educational experience,” she said. 

Berkeley High teachers work to personalize education as much as they can, but they frequently complain that, in classes that range for 20 to 35 students, there is only so much one teacher can do. Johnson said when it comes to something as vital as writing skills, which impact the students performance in virtually every class they will take at Berkeley High, the extra help teachers can offer often isn’t enough to overcome the deficits students have when they arrive at the school. 

“I can look over their draft quickly, but I don’t have time to spend a whole period on one kid’s draft,” Johnson said. 

“The English department feels this tremendous pressure [to bring student writing skills up to par],” Johnson added. “We know what we do affects them in all their classes.” 

For some students, the Writers’ Room could be the extra help that keeps them from falling completely through the cracks, according to Johnson and Cole.  

“A lot of kids come to Berkeley High and they just get completely lost,” Johnson said. 

And if freshman year isn’t enough of a shock for those students who arrive at the school unprepared, the transition from freshman to sophomore year holds yet another cruel awakening, according to Cole.  

Since average class sizes jump from 20 to 35 between the two years, students who had difficulty getting help they need as freshman are likely to give up altogether as sophomores, she said. 

“If the kids are at risk at all, if they don’t have really strong skills … they just fade out,” Cole said. 

By sitting down with students and helping them work through writing assignments detail by detail, the Writers’ Room coaches offer the kind of academic advice and moral support that keeps students from giving up, Cole said.  

Many students already have a good start on the work by the time they meet with the coaches. In these cases, the volunteers help them correct grammar and spelling errors, or perhaps encourage the student to explore some ideas that he or she might not have come to on their own.  

With other students, the tutors must start at ground zero, helping them to understand the assignment and trying to get them interested in the work. 

Heather Skibbins teaches in Berkeley High’s Rebound program, created this January to give double period English and Math to some 50 freshman who had failed these core classes the first semester.  

Skibbins said she has seen some students go from ignoring assignments altogether to turning in neatly typed essays, all through the intervention of a Writers’ Room coach.  

“Some kids who didn’t even do [an assignment], [who] hadn’t engaged, … the next day they came to school with like a three page paper,” Skibbins said. “They are like, ‘Oh, I have a 100 things to say about this now, because this person has just made me realize all that I know about this.’” 

Cole said getting students to truly engage in their school work is a big part of what the program is all about.  

Many students have become convinced that they will always be poor students and that their homework is simply too difficult for them to even attempt, Cole said. But Writers’ Room coaches, through a casual conversation around the topic students have been assigned to write about, make it clear to students that they really do have a lot to say, she said. They help them get those difficult first sentences down on paper, and then a few more sentences, until suddenly the students are saying things like, “‘What? I wrote all that?’”  

In some cases, all it takes to get a kid started is having an adult sitting across from them who is clearly interested in what they have to say, according to Writers’ Room coach Debbie Reynolds, the parent of a Berkeley High freshman. 

“Our schools are somewhat like factories,” Reynolds said. “It’s not an environment where people are interested in what you’re saying or what you’re doing.” 

The Writers’ Room, on the other hand, offers a, Reynolds said, “very safe, non-judgmental interaction.” 

“Your finding the things that they do right. Your giving them a chance to do something they feel good about,” she said. 

Writing Coach Virginia Jardim volunteers at Berkeley High when she’s not working as an English teacher at the California College of Arts and Crafts. Jardim said Writers’ Room gets students out of classrooms where teachers are often struggling just to maintain control of the class, let alone getting students to absorb their lessons, and places them in a calm environment where they are truly free to focus on learning. 

Furthermore, Jardim said, students in class with their friends are often at pains to maintain an image of coolness or aloofness. Once removed from their peers, they can give school work their best effort without fear of being labeled nerdy or slow, she said. 

By all accounts, the Writers’ Room is already impacting the achievement gap at Berkeley High. English teacher Katherine Palau has seen her students raise the achievement by an average of one letter grade after working with Writers’ Room coaches. And the program’s popularity is on the rise with both teachers and students. 

“I’d rather do this than waste my time going to a tutoring program,” said Berkeley High freshman Brad Kelly. “They’re usually packed anyway. This is better, because it’s more one on one.” 

Cole said more and more teachers are clamoring to become involved in the program. She plans to train more writing coaches over the summer, including UC Berkeley students and some Berkeley High seniors. By next year Cole hopes to have 200 coaches volunteering an estimated 9,000 hours – enough to make Writers’ Room coaches available to all of Berkeley High’s 900 freshman and several 10th and 11th grade classes. She’s planning a Writers’ Room pilot program for King and possibly Willard middle schools. 

In a year of budget cuts, finding program funding hasn’t been easy. Cole began the program with small grants from the Berkeley Public Education Foundation and the Berkeley High School Development Group. Since then she’s roped in small contributions from the Berkeley school district, The Berkeley Rotary Club and the Dreyer’s Foundation, among others. 

But Cole said what makes the program possible is the simple fact that being a volunteer writing coach has vast appeal in a community like Berkeley, where there is no shortage of talented writers eager to help improve the public school system. 

When it comes to reforming education in California, Cole said, “It’s not enough to have a great idea, you have to have a sensible idea that you can follow through on.” 

To volunteer to become a writing coach, contact Wendy Breuer at 524-0249 or breuerw@aol.com. To contribute funds in any amount to the Writers’ Room program, send checks or money orders to the Berkeley High School Development Group (designating the Writers’ Room Program), at P.O. Box 5453, Berkeley, CA 94705-0453. 

Monday, June 11

Oakland Landmarks  

Preservation Advisory Board 

4 p.m. 

One Frank H. Ogawa Plaza 

Hearing Room One 

Oakland 

The Board will meet and discuss the request to make the Claremont Hotel an official landmark.  

Berkeley School Volunteers 

3 - 4:30 p.m. 

1835 Allston Way 

Orientation for volunteers interested in helping in summer academic and recreation programs. 

644-8833 

Tuesday, June 12

Berkeley Camera Club  

7:30 p.m. 

Northbrae Community Church  

941 The Alameda  

Share your slides and learn what other photographers are doing. Monthly field trips. 

Call Wade, 531-8664 

Young Queer Women’s Group 

8 - 9:30 p.m.  

Pacific Center 

2712 Telegraph Ave.  

Make some new friends, expand your horizons and get support with a bunch of queer women all in the same place at the same time (somewhere between 18 and 25).  

548-8283 or visit www.pacificcenter.org 

Berkeley Farmers’ Market 

2 - 7 p.m. 

Derby Street between Martin Luther King Jr. Way and Milvia Street 

548-3333 

Cooking for BEFHP Women 

6:30 - 8:30 p.m. 

BEFHP Women’s Resource Center 

2140 Dwight Way 

Come help the Berkeley Emergency Food and Housing Project prepare, serve, and cleanup a hot meal prepared for Berkeley’s homeless women and children. Teens 16+.  

650-965-0242 

KPFA Advisory Board  

Community Meeting 

7 p.m. 

1724 Adeline at 18th St. 

Oakland 

658-1512 

Landmarks Preservation  

Commission 

8:30 a.m. - 10 a.m. 

Permit Service Center 

2120 Milvia Street 

Second Floor Conference Room 

Ad-hoc subcommittee special meeting, discussion of a proposal to conduct a comprehensive, citywide survey of potentially historic resources. 

705-8111 

Wednesday, June 13

Defining Diversity 

7 - 9 p.m. 

Ecology Center 

2530 San Pablo Ave.  

Different interpretations of biological and cultural diversity and how it’s used for very different purposes.  

548-2220 

Commission On Disability  

Hearings 

4 - 6 p.m. 

North Berkeley Senior Center 

1901 Hearst St. 

Open forum, opportunity for public to present ideas and concerns about barriers for people with disabilities and accessibility of City facilities. Public comment on Berkeley’s proposed “Americans with Disabilities Act Transition Plan.” Also, naming I-80 overcrossing after Ed Roberts, requesting Congressional Representatives and Senators to add benefits for dental and eyeglasses coverage in Medi-Care. 

981-6342 

Lead-Safe Painting and Home  

Remodeling 

6 - 8 p.m. 

Claremont Branch Library 

2940 Benvenue Ave. 

Free course on how to detect and remedy lead hazards in the home. 

567-8280 

“Illusions of the ‘New Economy’” 

7:30 p.m. 

La Pena Cultural Center 

3105 Shattuck Ave. 

Talk by professor and author Dick Walker. $5 donation requested. 

415-863-6637  

Claremont Elmwood  

Neighborhood Association  

General Meeting 

7:30 - 9:30 p.m. 

St. Clement’s Episcopal Church 

2837 Claremont Blvd. 

Covers area of Berkeley south of Dwight Way and east of Collage Avenue. Presentations on neighborhood issues. 

549-3793 

Trees and Shrubs of  

California 

7:30 p.m. 

UC Berkeley Botanical Garden 

200 Centennial Drive 

John Stuart and John Sawyer will be speaking about and signing their new book, “Trees and Shrubs of California.” Free. 

643-2755 

Library Board of Trustees Meeting 

7 p.m. 

South Branch Library 

1901 Russell Street 

Regular meeting, including a building projects update. 

644-6095 

Police Review Commission Meeting 

7:30 p.m. 

South Berkeley Senior Center 

2939 Ellis Street 

Regular meeting with a recruitment update and continuing discussion on marijuana arrests. 

644-6716 

Thursday, June 14

Summer Noon Concerts 2001 

Noon - 1 p.m. 

Downtown Berkeley BART Plaza 

Shattuck at Center St. 

Weekly concert series. This week Berkeley High Folklorico De Aztlan. 

Camping and Hiking Slide  

Presentation 

7 p.m. 

REI 

1338 San Pablo Ave. 

Guidebook author Tom Stienstra gives a slide presentation on where to go hiking and camping this summer in the Sierra and Shasta region. Free. 

527-4140 

Berkeley School Volunteers 

10:30 a.m. - Noon 

1835 Allston Way 

Orientation for volunteers interested in helping in summer academic and recreation programs. 

644-8833 

Fair Campaign Practices  

Commission Meeting 

7:30 p.m. 

North Berkeley Senior Center 

1901 Hearst Street 

Special meeting to discuss and act upon, among other items, possible violations of the Berkeley Election Reform Act.  

981-6950 

Dog killer is  

a sick man 

Editor: 

Concerning the (ooops) who threw the little dog into the oncoming traffic: 

Personally, this unmerciful living specimen — if sentenced to a jail term — should have his cell surrounded with “LARGE” pictures of this little dog. Somewhere in his lifetime he will be reminded of this sick act. 

Alice Noriega 

San Pablo 

Reddy deserves more punishment 

Editor: 

You may know that the prosecutors in the Lakireddy Bali Reddy sexual slavery case have recommended to Judge Saundra Brown Armstrong that he receive the outrageously short sentence of only five to five and a half years of incarceration. Judge Armstrong on June 19 has the prerogative to sentence Reddy to a maximum of 38 years. Even this sentence is much lower than it should be were he being prosecuted for negligent homicide or for conspiring to murder 17 year old Chanti Prattipati and her 15 year old sister by failing to call an ambulance or paramedics to resuscitate them.  

This is not a mere Bay Area matter. It is or should be of national concern. Write to Judge Armstrong ASAP! Urge her to sentence Reddy to 38 years: 

Honorable Saundra Brown Armstrong  

Federal Building & Courthouse 

1301 Clay St. #400 South 

Oakland, CA 94612-5212. 

Phone her at (510) 637-3559.  

For further information and or materials for posting, contact Dr. Diana Russell at (510) 843-0680 or Marcia Poole at (510) 549-3345 or B J Miller at (510) 527-4582.  

Helen Rippier Wheeler  

Berkeley 

Beth El article missed two  

critical points 

Editor: 

Your article on the City Council’s hearing about Congregation Beth El’s plans to build a new synagogue said that about 440 people attended — a record high according to Mayor Shirley Dean. 

You did not point out that about 85 percent of the people present came to support Beth El. This crowd included Berkeleyans of all ages and ethnicities, representatives of many groups that benefit from Beth El’s community services, more than a dozen clergy of various faiths, and neighbors of the Oxford Street site who favor the synagogue’s plans. It was an unprecedented outpouring of support from a diverse group of Berkeley citizens. 

The Daily Planet’s article also mentioned and pictured signs displayed by opponents of the project. But it ignored the larger number of signs held by Beth El backers that read “For Kids and the Community — Congregation Beth El,” a statement of the congregation’s mission and priorities. 

Your article quoted a speaker expressing concern that the creek could never be daylighted if the project is built as designed. You did not, however, quote the expert who showed how the creek could be daylighted without changing Beth El’s building plan. 

I know it is difficult to include all pertinent information about such a complex subject, and your article was generally accurate and balanced. But it seems to me that leaving out the dramatic difference in the level of attendance by the opposing sides and the impressive presentation on daylighting were serious omissions.  

Michael Ferguson 

Berkeley 

Tritium will not harm Berkeley 

Editor: 

In two recent public meetings Berkeley citizens have heard the results of the latest safety evaluation of the Lawrence Lab Tritium facility. Mr. Bernard Franke, the principal investigator, reported that he found no evidence that tritium exposures have ever reached the safety limits for tritium set in the Clean Air Act. In a personal endorsement of the safety of the tritium lab, he said if he had children he would allow them to use the nearby Lawrence Hall of Science. He noted that reports of his comments on potential fire hazards had been exaggerated, and he praised LBL for their cooperation. 

Once again we are reaching the end of an investigation which has produced the same general results as the five preceding studies.  

McKone, Brand, and Shan (1997): the maximum yearly radiation dose to a member of the public from tritium is 0.13 mrem, less than the additional cosmic radiation received during an airplane flight from Oakland to Los Angeles. This is an insignificant fraction of the 200-260 mrem we get every year from background radiation in the Bay Area. This report was approved by the California department of Health, U.S. Public Health Service, and Environmental Protection Agency. 

Straume (1998): the risk of dying from tritium emissions for residents living near LBL is approximately one out of 10,000,000 per year, about half the risk of death from the bite of a venomous animal. For the rest of Berkeley, up to two kilometers from the lab, the risk is about one-tenth of that. 

U.S. Agency for Toxic Substances (1999): reported no excess health risk for nearby residents. They noted “no indication of an unusual occurrence of cancer cases among the population of the LBNL area” and no contamination of drinking water. Regarding infertility, they noted that the doses required to affect reproductive capacities were “several orders of magnitude higher than the radiation doses received from tritium released from LBNL.” 

National Center for Research Resources (1999): reported that risks were “exceedingly small. … the maximum lifetime dose, due to tritium emissions from the NTLF, to a (hypothetical) individual both living and working for his/her entire lifetime at the perimeter of the NTLF is less than 1 mSv. For comparison, the lifetime dose from natural sources (radon, cosmic rays, etc) is about 250 mSv.” 

Senes Center for Risk Analysis (2000): exposures were "far below dose and risk limits established for the protection of public health." One of the authors commented that in his entire career assessing radiologic risk he had never seen an instance where the concern was so high and the risk was so low. 

Thus, we have had six studies, all indicating that the operations of the tritium lab pose no threat to Berkeley. (This is my personal opinion; neither the Toxics department nor the Environmental Commission has taken a position.) The city has responded generously to the citizens concerned about tritium. Hundreds of hours of staff time have been expended by the Toxics department. The studies conducted by Straume and Franke were paid for by the city. In fact, Straume was hired to do his evaluation at the urging of the CMTW, the group opposing the lab. However, they were dissatisfied with his report and suggested another consulting firm; the Franke study was actually done by that firm’s sister organization. It appears that they are equally disappointed in Franke and, despite six negative studies, continue their efforts to close the tritium lab. 

Competent investigators from universities, risk analysis organizations, public health departments, the EPA, and the National Center for Research Resources have found no reason for Berkeley citizens to live in fear of the tritium labeling lab up the hill. Perhaps the time is coming when Berkeley can finally take tritium off its agenda. 

Elmer R. Grossman, M.D. 

Community Environmental Advisory Commission

Habitot Children’s Museum “Back to the Farm” An interactive exhibit gives children the chance to wiggle through tunnels, look into a mirrored fish pond, don farm animal costumes, ride on a John Deere tractor and more. “Recycling Center” Lets the kids crank the conveyor belt to sort cans, plastic bottles and newspaper bundles into dumpster bins. $4 adults; $6 children age 7 and under; $3 for each additional child age 7 and under. Monday and Wednesday, 9:30 a.m. to 1 p.m.; Tuesday and Friday, 9:30 a.m. to 5 p.m.; Thursday, 9:30 a.m. to 7 p.m.; Saturday, 10 a.m. to 5 p.m.; Sunday, 11 a.m. to 5 p.m. (closed Sundays, Memorial Day through Labor Day) Kittredge Street and Shattuck Avenue 647-1111 or www.habitot.org  

Judah L. Magnes Museum “Telling Time: To Everything There Is A Season” through May 2002. An exhibit structured around the seasons of the year and the seasons of life with objects ranging from the sacred and the secular, to the provocative and the whimsical. 2911 Russell St. 549-6950  

The Asian Galleries “Art of the Sung: Court and Monastery.” A display of early Chinese works from the permanent collection. “Chinese Ceramics and Bronzes: The First 3,000 Years,” open-ended. “Works on Extended Loan from Warren King,” open-ended. “Three Towers of Han,” open-ended. $6 general; $4 seniors and students age 12 to 18; free children age 12 and under; free Thursday, 11 a.m. to noon and 5 p.m. to 9 p.m. Wednesday, Friday through Sunday, 11 a.m. to 5 p.m.; Thursday, 11 a.m. to 9 p.m. 642-0808 

UC Berkeley Museum of Paleontology Lobby, Valley Life Sciences Building, UC Berkeley “Tyrannosaurus Rex,” ongoing. A 20 by 40-foot replica of the fearsome dinosaur made from casts of bones of the most complete T. Rex skeleton yet excavated. When unearthed in Montana, the bones were all lying in place with only a small piece of the tailbone missing. “Pteranodon” A suspended skeleton of a flying reptile with a wingspan of 22-23 feet. The Pteranodon lived at the same time as the dinosaurs. Free. Monday through Friday, 8 a.m. to 5 p.m.; Saturday and Sunday, 1 p.m. to 5 p.m. 642-1821 

UC Berkeley Phoebe Hearst Museum of Anthropology “Approaching a Century of Anthropology: The Phoebe Hearst Museum,” open-ended. This new permanent installation will introduce visitors to major topics in the museum’s history. “Ishi and the Invention of Yahi Culture,” ongoing. This exhibit documents the culture of the Yahi Indians of California as described and demonstrated from 1911 to 1916 by Ishi, the last surviving member of the tribe. $2 general; $1 seniors; $.50 children age 17 and under; free on Thursdays. Wednesday, Friday through Sunday, 10 a.m. to 4:30 p.m.; Thursday, 10 a.m. to 9 p.m. Kroeber Hall, Bancroft Way and College Ave. 643-7648  

Lawrence Hall of Science “Math Rules!” A math exhibit of hands-on problem-solving stations, each with a different mathematical challenge. “Within the Human Brain,” ongoing. Visitors test their cranial nerves, play skeeball, master mazes, match musical tones and construct stories inside a simulated “rat cage” of learning experiments. “Saturday Night Stargazing,” First and third Saturdays each month. 8 - 10 p.m., LHS plaza. Computer Lab, Saturdays 12:30 - 3:30 p.m. $7 for adults; $5 for children 5-18; $3 for children 3-4. 642-5132 

Holt Planetarium Programs are recommended for age 8 and up; children under age 6 will not be admitted. $2 in addition to regular museum admission. “Constellations Tonight” Ongoing. Using a simple star map, learn to identify the most prominent constellations for the season in the planetarium sky. Daily, 3:30 p.m. $7 general; $5 seniors, students, disabled, and youths age 7 to 18; $3 children age 3 to 5 ; free children age 2 and younger. Daily 10 a.m. to 5 p.m. Centennial Drive, UC Berkeley 642-5132 or www.lhs.berkeley.edu  

924 Gilman St. All shows begin at 8 p.m. unless noted $5; $2 for year membership. All ages. June 15: Strike Anywhere, Missing 23rd, Crispus Attacks, Planes Mistaken For Stars, Deadlock Frequency; June 16: Nerve Agents, American Nightmare, Fields of Fire, Affront, Scissorhands. 525-9926  

Albatross Pub Music at 9 p.m. unless noted otherwise. 12: Mad and Eddie Duran; June 14: Keni “El Lebrijano”; June 19: pickPocket Ensemble. 1822 San Pablo Ave. 843-2473  

Anna’s Music at 8 p.m. June 11: The Renegade Sidemen; June 12: Best of Open Mike; June 13: Bob Schoen Jazz Quartet; June 14: Richard Kalman Combo. $2 weeknights, $3 weekends. 1801 University Ave. 849-ANNA  

Ashkenaz June 12, 7 p.m.: Bandworks; June 13, 9 p.m.: Red Archibald and the Internationals; June 14, 10 p.m.: Dead DJ Nite with Digital Dave; June 15, 9 :30 p.m.: Winston Jarrett with special guests; June 16, 9:30 p.m.: Amandla Poets; June 17, 6 p.m.: Ray Cepeda and the Neo Maya Experience. 1370 San Pablo Ave. 525-5054 or www.ashkenaz.com 

Freight & Salvage All music at 8 p.m. June 12: Keith Little with Del Williams; June 13: Danu; June 14: Guy Davis; June 15: The Laurie Lewis Trio; June 16: Rova Saxophone Quartet. $17.50.1111 Addison St. www.freightandsalvage.org  

Jupiter All shows at 8 p.m. June 12, Ben Graves Trio; June 13: Crater; June 14: Beatdown with DJs Delon, Yamu, Add1; June 15: Steven Emerson; June 16: Nucleus. 2181 Shattuck Ave 843-8277 

La Peña Cultural Center June 15, 8 p.m.: TIJUANA NO! with Caradura and Prophets of Rage Dj La Viuda Negra. 3105 Shattuck Ave. 849-2568 www.lapena.org  

Veda Hille and Sini Anderson  

June 12, 7:30 p.m. Presented by the Rose Street House of Music, a concert/workshop space featuring women singer/songwriters. For location and ticket information, visit www.rosestreetmusic.com 

Jazzschool Recitals June 14, 8 p.m.: Adult Big Band; June 17, 4 p.m.: Jazz Combos; June 19, 4 p.m.: Jazz Groups; June 20, 4 p.m. Jazz Ensembles; June 21, 4 p.m. Jazz Combos. Free. The Jazzschool/La Note 2377 Shattuck Ave. 845-5373  

WordWind Chorus June 15, 8 p.m. In celebration of the release of its first CD, the WordWind Chorus will perform a unique collaboration of music and poetry. $10 Tuva Space 3192 Adeline 530-7698 

Estradasphere and Warsaw June 15, 9:30 p.m. $7 Blakes 2367 Telegraph Ave. 848-0886 

Celebrating Um Kulthoum June 17, 7 p.m. A benefit concert for Palestinian Refugees, the Lammam Ensemble will perform some of legendary Arabic vocalist Um Kulthoum’s most cherished songs. $20. International House Auditorium 2299 Piedmont Ave. at Bancroft 415-648-1353 

Berkeley Symphony Orchestra Season Finale June 21, 8 p.m. Works by Shostakovich, Brahms, and Rohde. $19 - $35 Zellerbach Hall, UC Berkeley 841-2800  

“More Matters of Life and Death” June 15 - 17, 8 p.m. The newest cycle of this series, “Iris, Blue, Each Spring,” tackles the joys and sorrows of growing older and is set to “Six Japanese Songs” by Margaret Garwood. Presented by The Ruch Botchan Dance Company in concert with The Mirage Ensemble. $12 - $15 Western Sky Studio 2525 Eighth St. 848-4878 

“Dance Mosaic: Celebrating Diversity” June 16, 8 p.m. and June 17, 2 p.m. The annual repertory concert for the Mahea Uchiyama Center for International Dance features over 100 performers of dance and music from the South Pacific, India, Africa and the Middle East. $5 - $15 Juia Morgan Center for the Arts 2640 Collage Ave. 925-798-1300 

Kalanjali in Concert June 22, 7 p.m. Kalanjali concludes its celebration of its 25th year in Berkeley with a special recital. Experienced dancers and young students, with guests from India including dancer K. P. Yesoda and the musicians of Bharatakalanjali. $6 - $8 Juia Morgan Center for the Arts 2640 Collage Ave. 925-798-1300 

“Cymbeline” Through June 24, Tues. - Thur. 7:30 p.m., Fri. 8 p.m., Sat. 2 p.m. and 8 p.m., Sun. 4 p.m. Opening of the California Shakespeare Festival features one of Shakespeare’s first romances, directed by Daniel Fish. $12 - $146. Bruns Memorial Amphitheater off Highway 24 at the Shakespeare Festival Way/Gateway Exit. 548-9666 or www.calshakes.org 

“The Laramie Project” Through July 8, Wed. 7 p.m., Tues. and Thur. -Sat. 8 p.m., Sun. 2 p.m. and 7 p.m. Written by Moises Kaufmen and members of Tectonic Theater Project. Moises Kaufman and Tectonic members traveled to Laramie, Wyo., after the murder of openly gay student Matthew Shepherd. The play is about the community and the impact Shepherd’s death had on its members. $10 - $50. The Roda Theatre, Berkeley Repertory Theatre 2015 Addison St. 647-2949 www.berkeleyrep.org 

“Romeo and Juliet” June 14 - July 14, Thurs. - Sat. 8 p.m. Set in early 1930’s just before the rise of Hitler in the Kit Kat Klub, Juliet is torn between ties to the Nazi party and Romeo’s Jewish heritage. $8 - $10. La Val’s Subterranean Theater 1834 Euclid 234-6046 

“A Life In the Theatre” Preview June 13. Opens June 14, runs through July 15. Wed. - Sat. 8 p.m., Sun. 2 p.m. and 7 p.m. David Mamet play about the lives of two actors, considered a metaphor for life itself. Directed by Nancy Carlin. $30-$35. $26 preview nights. Berkeley City Club 2315 Durant 843-4822 

Pacific Film Archive June 12, 7:30 p.m.: The Long Holiday; June 13, 7:30 p.m.: Bogus Biographies; June 14, 7 p.m.: Trial on the Road, 9 p.m.: Freeze-Die-Come to Life; June 15, 7:30 p.m.: A Long Happy Life, 8:50: Goodbye, Boys; Jun 16: 7 and 9 p.m.: Beau Travail; June 17, 5:30 p.m.: The Face of Another. Pacific Film Archive Theater 2575 Bancroft Way (at Bowditch) 642-1412 

East Bay Open Studios June 16 & 17, 11 a.m. - 6 p.m. Jennifer Foxly: Oil paintings and 2-d mixed media works 3206 Boise St.; Lewis Suzuki: Scenes from California to the Philippines, florals to nudes 2240 Grant St.; Guy Colwell: Painted replicas and recent original work 2028 9th St. (open until 7 p.m.) 

Wosene Kosrof June 13, 7 - 8:30 p.m. Ethiopian-born Berkeley resident will be exhibiting and discussing his paintings. One piece will be up for auction, proceeds to benefit the YMCA. Free. Crystal Room, Shattuck Hotel 2086 Allston 848-9622 ext. 3541  

PASSING: The Re-Definition of Sex and Gender Through the Personal Re-Presentation of Self Through June 16, Mon. - Fri. 8:30 a.m. - 6:30 p.m., Sat. 9 a.m. - 3 p.m. Black and white photographs by Ann P. Meredith. Free. Reception with the artist June 7, 6 - 8 p.m. Photolab Gallery 2235 Fifth St.  

Ledger drawings of Michael and Sandra Horse Exhibit runs through June 18. Gathering Tribes Gallery 1573 Solano Ave. 528-9038 www.gatheringtribes.com  

“Alive in Her: Icons of the Goddess” Through June 19, Tuesday - Thursday, 10 a.m. - 3 p.m. Photography, collage, and paintings by Joan Beth Clair. Pacific School of Religion 1798 Scenic Ave. 848-0528 

Tyler James Hoare Sculpture and Collage Through June 27, call for hours. Party June 9, 5-9 p.m. with music by Sauce Piquante. The Albatross Pub 1822 San Pablo Ave. 843-2473 

Ako Castuera, Ryohei Tanaka, Rob Sato Through June 30, Tues. - Sat. 11 a.m. - 6 p.m. Group exhibition, recent paintings. Artist’s reception June 9, 6:30 - 9 p.m. with music by Knewman and Espia. !hey! Gallery 4920 B Telegraph Ave., Oakland 428-2349  

“Watershed 2001” Through July 14, Wednesday - Sunday Noon - 5 p.m. Exhibition of painting, drawing, sculpture and installation that explore images and issues about our watershed. Berkeley Art Center 1275 Walnut St. 644-6893 

Rachel Davis and Benicia Gantner Works on Paper June 13 - July 14, Tues. - Sat., 11 a.m. - 6 p.m. Watercolors by Davis, mixed-media by Gantner. Opening reception June 13, 6 - 8 p.m. Traywick Gallery 1316 Tenth St. 527-1214 www.traywick.com 

“The Trip to Here: Paintings and Ghosts by Marty Brooks” Through July 31, Tues. - Sun. 11 a.m. - 1 a.m. View Brooks’ first California show at Bison Brewing Company 2598 Telegraph Ave. 841-7734  

Bernard Maisner: Illuminated Manuscripts and Paintings. Through Aug. 8 Maisner works in miniature as well as in large scales, combining his mastery of medieval illumination, gold leafing, and modern painting techniques. Flora Lamson Hewlett Library 2400 Ridge Rd. 849-2541 

“Musee des Hommages,” Masterworks by Guy Colwell Faithful copies of several artists from the pasts, including Titian’s “The Venus of Urbino,” Cezanne’s “Still Life,” Picasso’s “Woman at a Mirror,” and Boticelli’s “Primavera” Ongoing. Call ahead for hours 2028 Ninth St. (at Addison) 841-4210 or visit www.atelier9.com 

“Geographies of My Heart” Collage paintings by Jennifer Colby through August 24; Flora Lamson Hewlett Library 2400 Ridge Rd. 649-2541 

Images of Portugal Paintings by Sofia Berto Villas-Boas of her native land. Open after 5 p.m. Voulez-Vous 2930 College Ave. (at Elmwood) 

“Queens of Ethiopia: Intuitive Inspirations,” the exceptional art of Esete-Miriam A. Menkir. Through July 11. Women’s Cancer Resource Center Gallery 3023 Shattuck Ave. 548-9286 ext 307 

“The Decade of Change: 1900 - 1910” chronicles the transformation of the city of Berkeley in this 10 year period. Thursday through Saturday, 1 - 4 p.m. Berkeley History Center, Veterans Memorial Building, 1931 Center St. Wheelchair accessible. 848-0181. Free.  

Cody’s Books 2454 Telegraph Ave. All events at 7:30 p.m. June 11: David Hajdu talks about “Positively 4th Street: The Lives and Times of Joan Baez, Bob Dylan, Mimi Baez Fariña and Richard Fariña”; June 12: Colson Whitehead reads from “John Henry Days”; June 13: David Sedaris reads from “Me Talk Pretty One Day”; June 14: Ana Menendez reads from “In Cuba I Was A German Sheperd”; June 15: James Ellroy reads “The Cold Six Thousand.” 845-7852  

Cody’s Books 1730 Fourth St. All events at 7 p.m. unless noted otherwise. June 14: Stephanie Brill talks about “The Queer Parent’s Primer: A Lesbian and Gay Families’ Guide to Navigating the Straight World”; June 16, 4 p.m.: Chris Raschka presents a talk and demontration for children.

Kindertransport saved thousands during holocaust  

When Ralph Samuel’s parents put him on a plane from Nazi-occupied Germany to London more than 60 years ago, he thought it was the beginning of a great adventure. And in a sense, it was.  

In a story he told to people at the Berkeley Richmond Jewish Community Center yesterday morning, Samuel, spoke of being one of 10,000 children saved during World War II during an operation called Kindertransport. 

“All of us were under 17 and had no idea of where we were going. We were all very excited because the kids did not know what we were in for,” Samuel, 69, said.  

The children became part of foster families in Great Britain and many of them never saw their parents again.  

“Jewish parents in upper and middle class families were willing to put their children on a train, or in my case an airplane, with the absolute understanding that they would never see them again,” he said. “There was an understanding that they would survive with the knowledge that they themselves would not.” 

Nazi persecution of Jews began Nov. 9, 1938, on “Kristallnacht,” or Night of the Broken Glass, when mobs destroyed synagogues, smashed Jewish stores, and beat up and humiliated Jews.  

Soon after, the Refugee Children’s Movement began in London. That movement assured that thousands of Jewish children would be saved. At the age of 7, Samuel arrived in London from Dresdon, Germany in January of 1938 to stay with the family of Samuel Epstein. Samuel learned that Epstein selected him for sponsorship because his last name was Epstein’s first, and Ralph was the middle name of Epstein’s son Peter. 

“I came with a placard held with a piece of string around my neck to be collected by Mr. Epstein. I arrived like a package,” Samuel said.  

His mother was hired as Epstein’s maid in March of 1939 and soon stayed with him. The Epsteins were very traditional, and while Samuel was allowed to eat in the dining room, his mother had to eat in the kitchen because she was considered hired help and not family.  

Within three months, Samuel was speaking English. 

When Great Britain entered the war and the bombing of London began in September of 1939, Samuel was evacuated with 3.5 million other British children to Guilford. His mother soon followed and they stayed until after the war.  

In 1942, his father sent his last letter from a holding camp in Dresdon. In March of 1943, his father went to Auschwitz and was killed.  

Samuel’s mother did not tell him about his father’s death until after the war was over and he was 14.  

“It was very interesting. We got a Red Cross letter and I remember my mother calling me into my room. She said, ‘Your father has died. You have to be a good boy,’” he said. 

After the war, the other children went back to London, but Samuel stayed in Guilford with his mother. Until later, he lost contact with the Epsteins. 

In 1958, at the age of 27, Samuel came to the United States. He married and has two children. He worked in property acquisitions for Bay Area Rapid Transit and the East Bay Park system. He helped found the NorCal Chapter of the Kindertransport Association and has organized reunions.  

The majority of people who survived the holocaust because of Kindertranport have benevolent professions, Samuel said.  

“A very high percentage of kinder [German children] went into the helping profession. I did real estate but only for public agencies and when we have our reunions, everyone is a psychiatrist, psychologist or social worker,” he said. 

For the past year, Samuel himself decided to begin recounting his experience to school and community groups so that other generations can learn. That connection, the Point Richmond resident said, is very important. 

“It’s absolutely vital because, as I tell the high school kids I talk to, you are the last generation to hear the story first hand,” he said. “World War II is not the same time of the dinosaurs. I was there and I lived it.”

Dueling Eco Pass recommendations on Tuesday’s city council agenda  

The City Council will consider competing transportation recommendations Tuesday that will, if approved, be the first significant step towards discounted public transportation for city employees. 

The proposed transit policy, known as the Eco Pass Program, would allow city employees to present a pass and ride AC Transit on any of its routes. The cost for the city-funded program has not yet been determined but supporters estimate it will be between $108,000 and $144,000 a year. 

A similar program known as the Class Pass has already been established for UC Berkeley students. 

There are two Eco Pass recommendations on Tuesday’s agenda. One is from progressive councilmembers Kriss Worthington and Linda Maio and the other from centrist Mayor Shirley Dean and Councilmember Mim Hawley. 

The major difference between the two recommendations is one of procedure. The Worthington/Maio recommendation calls for the Eco Pass to be approved immediately on a one-year trial basis.  

“This is something we can do now,” Worthington said. “We’ve been talking about this for at least three years, it’s time we do something practical.” 

The Dean/Hawley approach is more deliberate. It requests the city manager research the possibility of including Berkeley Unified School District employees and issue a feasibility report to council on costs, estimated participation and effective methods of administration. 

“Nothing can happen immediately,” Hawley said. “We’re going to have to work out a lot of details with AC Transit, look at what will be the best way for the city to handle the program administratively and work out a the pass itself so there’s less chance of them getting passed around to people not employed by the city.” 

Worthington suggested employees use their city-issued identification cards as passes.  

“The simplest way is to use the city’s name badge that already has a picture of the employee on it.” he said. “The good thing about that is the city doesn’t have to create another.” 

Hawley said another issue AC Transit will have to work out is whether to add more buses to established routes during peak hours to handle increased ridership. She said if they do, it would affect the cost of the program. 

Hawley said the Class Pass model will be helpful in establishing a city employee program. The Class Pass allows UC Students to take AC Transit for approximately $10 per semester, according to Hawley. Students pay at the beginning of the semester and pick up a pass that allows them to board any AC Transit bus. 

“That program has been remarkably successful,” Hawley said. 

Several cities and counties, including Santa Clara County and Denver, have established successful Eco Pass programs  

Both Worthington and Hawley estimate the cost to be between $60 and $80 per employee each year. The city would pay for each one of its 1,800 employees whether they ride AC Transit or not. 

“That’s a great deal considering the adult pass costs $49 per month,” Hawley said. 

Ultimately the city would like to establish an employer-based Eco Pass program that would allow everyone who lives and works in Berkeley ride AC Transit and Bart at discounted costs. That program would likely be funded partly by Berkeley’s employers, partly by employees and partly by the city. 

“It’s important we get this program going for the city’s employees,” Worthington said. “We can’t very well go to businesses and ask them to start an Eco Pass program if the city isn’t willing to do it for its own employees. This will be a great example.” 

Planning Commission Chair Rob Wrenn said he has been pushing this program for four years.  

“This is an important idea that makes sense,” he said. “I just hope the councilmembers can work together to get it done.” 

Note: The actual portion of the Class Pass fee that goes to AC Transit is $10 though students pay $18 per semester. The difference goes to a several programs that are not related to transportation. Students pay that cost so the program is not free.

SAN FRANCISCO — Bay Area transportation officials decided Friday drivers should not have to hand over an extra buck at Bay Bridge toll booths. 

The Metropolitan Transportation Commission rejected a plan to charge drivers $3 to cross the Bay Bridge span. The commission’s decision came despite soaring cost estimates for building a new Bay Bridge eastern span. 

Ultimately, only legislators can institute a toll increase. Still, the commission pushed for several alternative funding methods. 0fficials planned to ask the state for more federal funds and a loan for seismic retrofitting. 

The motorists’ share would come from the permanent extension of the $1 seismic surcharge, which was set to end in 2007.  

The state’s part would come from federal money received for highway bridge repairs. That would bring the split cost for bridge repairs to $1.6 billion for motorists and $1.31 billion from the state. 

The Berkeley Public Library is sponsoring a summer reading program for high school students, its twelfth such program this year. The program, called Cover to Cover, will run from June 18 to August 18, and is open to teens ages 13 through 18. 

Cover to Cover has won a national award for promoting reading and writing among teens, according to a PTSA press release, who are required to read ten books or 1,500 pages in the three month program. Each student is to write a review for each book which must support the rating the student assigns to the book. 

Raffles, prizes, contests and potential publication in the annual Cover to Cover collection are among the incentives. The Berkeley Public Library offers teen reading recommendations at www.infopeople.org/bpl/teen/ but the students are also free to read anything of their choice. Teens can sign up or receive more information at any of the five Berkeley Public Library Locations.

SAN FRANCISCO – Stolen electricity accounts for more than $100 million in annual losses at Pacific Gas & Electric Co., an amount experts say is likely to increase with the ongoing power crisis. 

Utility officials will not say how the power theft affects its 13 million customers or whether the illegal practice has increased. 

“We have found that the more stories that are done on this issue, the more common it becomes and that puts our staff in danger,” said PG&E spokeswoman Staci Homrig. 

However, former PG&E revenue protection agent Howard Dean estimated annual losses range from $100 million to $400 million. 

Nationally, thieves tap into electric lines and steal up to $4 billion a year, according to the International Utilities Revenue Protection Association. 

Average monthly power bills are expected to increase 37 percent to coincide with a rate increase approved last month by state regulators, which add more power thieves. 

“As the utility price increases, the financial incentive for people to tamper with or try to reduce their electric bill through improper methods increase,” said Wayne Wohler, a board member of the Western States Utility Theft Association. 

Wohler said have been electrocuted while tampering while trying to steal electricity. He said some find ways to slow down logging devices on their meters or bypass the meter altogether.

CAMARILLO – Gasoline prices tumbled 3 1/2 cents per gallon in the past three weeks, easing concerns of a summer shortage, an analyst said Sunday. 

The average retail price of gasoline, weighted to include all grades and taxes, was about $1.73 on Friday, down 3.48 cents per gallon since May 18, according to the Lundberg Survey of about 8,000 gas stations nationwide. It was the first price drop since March. 

Prices dropped despite the Memorial Day weekend, the traditional start of the summer season when driving — and thus gasoline demand — reaches its peak. 

“There was never any gasoline ’crisis,’ and I still maintain that for this summer there will be none,” analyst Trilby Lundberg said in a statement. “Supplies appear sufficient to keep prices stable, or slightly lower, for the near future.” 

Prices soared in April, “but refineries completed seasonal maintenance work and cranked up production well in time for the first real pull on supplies by vacationing motorists,” Lundberg said. 

Prices fell around the country but the largest declines were in the Midwest, where they had been highest. The price of regular self-serve gas fell 15 cents per gallon in Chicago, which previously had the highest average price.

LOS ANGELES – As power bills soar throughout California, affordable housing advocates fear there could be a devastating impact on low-income housing developments and their private landlords. 

The problem could impact hundreds of thousands of rent-restricted housing units — nonprofit and for-profit alike, the Los Angeles Times reported Sunday. 

And it comes at a time when the state’s low-income housing shortage already has reached crisis proportions. 

“If something is not done quickly it’s going to affect the financial integrity of our projects,” said Ana Baiz-Torres, executive director of the nonprofit Metropolitan Area Advisory Committee Project in San Diego. “If you look a few years out, it’s potential catastrophe.” 

The organization owns the Mercado Apartments, which is subsidized housing where utility costs are factored into rents. The rents are capped and cannot be raised, forcing landlords to shoulder the burden of skyrocketing energy costs. 

State Treasurer Phil Angelides, who heads the state’s Tax Credit Allocation Committee, has asked his staff to study the problem and look for potential solutions. 

“These are very tough projects to put together, and this will make it tougher,” Angelides said. “What would be a tragedy would be to stand by and watch some good affordable housing projects not make it financially.” 

The state committee awards federal tax credits to low-income housing developers, who then partner with private investors. Those investors pump a one-time equity injection into the project and get a 10-year tax write-off in return. 

Already, the committee has added criteria to its selection process to give competitive advantage to energy-efficient projects. Angelides, however, said more radical measures may be necessary to stem serious damage to the industry. 

The energy crisis is affecting all areas of government-assisted housing, from tax-credit properties like the Mercado, to public housing projects, to the Section 8 federal subsidy program. State officials and housing advocates estimate the number of such units in California to be 300,000 to 350,000. 

“It becomes the worst of all worlds,” said Tim English, chief financial officer of Los Angeles-based Alpha Property Management, which manages about 2,500 units in Los Angeles County. “Here we are in a very regulated business and one of the key cost components is going to be deregulated. We’re stuck with fixed rents and unfixed utilities.” 

Some limited remedies are in the works. Last March, the U.S. Department of Housing and Urban Development awarded one-time emergency funds to certain housing authorities — including Los Angeles — to help cover higher energy costs at public housing projects. 

Another solution would be an appropriation of federal or state funding to help building owners meet operating costs, said Julie Bornstein, director of the state’s Department of Housing and Community Development. 

But some say the chances of such a bailout are dim. 

“This is like dealing with a cancer. There’s no good way to treat it,” said Jeffrey Burum, executive director of the nonprofit National Housing Development Corp.

SAN FRANCISCO – San Francisco Chronicle executive editor Phil Bronstein underwent foot surgery after being attacked by a Komodo dragon at the Los Angeles Zoo. 

Bronstein was on a private tour of the zoo Saturday when he entered the Indonesian lizard’s cage. The zookeeper had asked him to remove his white tennis shoes to keep the 5-foot-long reptile from mistaking them for the white rats it is fed, Bronstein told the San Francisco Chronicle. 

The reptile attacked Bronstein’s shoeless foot, crushing his big toe while thrashing its body around, said Bronstein’s wife, actress Sharon Stone, who witnessed the attack outside the cage. 

Bronstein was able to pry open the reptile’s mouth and escape through a small feeding door in the cage while the zookeeper distracted the dragon, Stone said. 

Bronstein was in stable condition Sunday at a Los Angeles area hospital after undergoing surgery Saturday to reattach severed tendons and to rebuild his big toe that was crushed by the dragon’s jaws, Stone told the Chronicle. 

He is expected to remain in the hospital until Monday, said Chronicle spokesman Joe Brown. 

“He sounded in good spirits,” Brown said Sunday. “He did say he’s fated not have a boring life.” 

The tour was arranged as a Father’s Day surprise for Bronstein, who had always wanted to see a Komodo dragon up close. 

“We’re very grateful for the professional care of the people at the hospital,” Stone said. “And we certainly don’t blame the people at the zoo.” 

The endangered dragons are not venomous, but are considered poisonous because several strains of septic bacteria are found in their teeth and saliva, said Los Angeles Zoo spokeswoman Lora LaMarca. 

Bronstein was given antibiotics and will be monitored for infections. The dragon was not injured in the incident. 

The aggressive lizard, which is known to kill members of its own species, is native only to Komodo Island and a few neighboring islands in Indonesia. It can grow up to 12 feet and weigh 300 pounds.

SANTA ANA – A Vietnamese refugee is under federal investigation amid allegations that he killed a fellow inmate while serving as trusty at a communist “re-education camp.” 

Thi Dinh Bui, 60, of Orange Grove, is a former South Vietnamese army captain who spent 1975 to 1981 in the Thanh Cam camp near Hanoi after the end of the Vietnam War. 

Another refugee, the Rev. Andrew Nguyen Huu Le, contends that Bui kicked him unconscious. The Roman Catholic priest also said in a signed affidavit to immigration officials that he saw Bui kill a man. 

The U.S. Immigration and Naturalization Service is investigating the allegations. 

Some want Bui deported if the allegations are upheld, but his fate would be unclear because the United States has no extradition treaty with Vietnam. 

Bui, a father of nine, came to the United States in 1994 and now delivers newspapers as an independent contractor for the Orange County Register. He admits that he struck inmates but denied severely beating or killing anyone. 

“The people I work with, how can I look at them in the face if I did? They know that I am a good man.” 

The prison guards “gave me the job — chose me — so I took it,” he said. “My method of working was to help everyone at the camp, and to help them return to their families as soon as it was possible.” 

He did confiscate food that prisoners smuggled back from field work, he said. 

“The reason a number of prisoners — brothers in the camp — didn’t agree with me or hated me is because of the inspections,” Bui said. “They would bring stuff, hide stuff, and I’d usually take it away.” 

The priest contends that in 1979 he and four cellmates chipped a hole in the wall and fled camp, but were caught the next morning. Bui kicked him until he passed out, he said in the INS affidavit. 

“Bui dragged me by my legs up the stairs to the solitary confinement room, banging my head against the steps,” the priest wrote. “He threw me into a room and left me there; he thought I was dead. He then proceeded to beat Maj. Tiep Van Dang to death. I personally witnessed this brutal murder.” 

Bui denies he hit anyone that day but only picked up the men that the camp guards had beaten, including the priest. 

“I wanted to carry him over my shoulder,” Bui said. “But the guards wouldn’t let me. And they yelled at me, ‘Why carry him? Drag him.’ So I dragged him.” 

Nine other former inmates told the Register that they saw Bui beat prisoners but not kill anyone. 

The priest met with Bui once in 1996 and they prayed together. The same year, Le wrote a memoir of his life in the camp that made the accusations against Bui. 

The memoir was sent to the priest’s friends and was circulated to refugee activists as e-mail. 

Last year, activist Thang Dinh Nguyen of Washington filed a complaint demanding Bui’s deportation on the grounds that he committed crimes against humanity. 

The sister of the man Bui allegedly killed also wants him deported. 

“He is a cruel animal, not a human being,” said Nham Dang, 58, of Arlington, Va. “Like with World War II, if those who killed Jews came to the United States, you wouldn’t accept them. I think (Bui) has done a similar crime.” 

The priest who allegedly witnessed the killing said he has struggled to forgive Bui. 

“If the court calls me, I will tell the truth,” he said. “But I will ask for a pardon for him, especially for his family.”

SACRAMENTO – Californians, like all Americans, go to pharmacists more than ever, but for more than a year the state’s regulators have not conducted the investigations needed to watch over the rapidly changing industry. 

That changes this month, as state regulators resume the undercover inspections they dropped them more than a year ago. These surprise visits, common practice in almost every state, should highlight careless pharmacists, overworked technicians and confused patients, Board of Pharmacy officials said. 

California must do more oversight, because more people go to pharmacists, said Frank Palumbo, director of the University of Maryland’s Center on Drugs and Public Policy. By 2004, Americans are expected to take 4 billion prescriptions, a 33 percent jump from current levels. 

After an October incident, Gertrude Krull, an 88-year-old resident of Chico, needs no study to tell her the state must inspect more. In October, Krull sent her daughter to get her prescriptions authorized by a new doctor. 

Krull took one pill, collapsed and was rushed to the emergency room. There, doctors determined she had taken Mysoline — a seizure medication — instead of her heart pills. 

Her chain drug store explained the pharmacist was filling two prescriptions for a Gertrude and assumed they were for the same person, although different last names were on the order. 

The great-grandmother spent seven hours in the hospital waiting for her body to expunge the drug. 

“Nobody should have to go through that. I’m thankful there are no after effects,” said the white-haired woman, who spends her spare time sewing stuffed rabbits for loved ones. 

“I’m afraid there is no safe place to go anymore.” 

In recent years, the Board of Pharmacy, the state’s investigator of pharmacies, has had a tough time doing its job. The renewed inspections come as the board has been hammered by bad performance reviews. A recent state auditor’s report cited a backlog of investigated complaints that was seven years’ deep in some cases. 

Investigators, the report said, had “gross inefficiencies” in resolving complaints about potentially dangerous pharmacies. It also accused the department of circumventing federal overtime laws. 

Last year, the board stopped the surprise investigations because it couldn’t keep enough investigators, spokeswoman Virginia Herold said. 

Investigators moved from surprise inspections to handle complaints, but low pay and the intense workload made it hard to keep and attract more investigators, Herold said. 

At one point, the corps of 23 investigators was almost cut in half, Herold said. Now, the board officials hope to have a full staff to tackle the backlog of complaints and do the undercover investigations of every pharmacy at least once every three years. 

That’s still less than what most states do. Many states inspect each year, while other visit every two years. 

Regardless of the timing of the inspections, there’s a consensus on what remains behind the problems: Too few pharmacists handling more prescriptions. 

To survive the managed-care shakedown of the 1990s, locally owned pharmacies took on more prescriptions, said Todd Dankmyer, spokesman for the National Community Pharmacists Association. 

The same applies to chain store pharmacies, which often find it hard to enough help, said Maryland’s Palumbo. 

Too often, patient consultations get dropped from the process, which is something investigators will look for when they start their visits. But, Palumbo said, “three years seems to be stretching it a bit. Within that period, you could have totally different personnel in a pharmacy and it obviously reduces the probability of seeing problems.” 

Regulators hope to do more frequent visits after they tackle the complaint backlog, which was 1,500 deep when the auditor investigated last year. Pharmacies with a history of more complaints against them can expect more frequent visits, Herold said. 

Even so, it’s hard to inspect without inspectors, particularly since experienced pharmacists can make much more in private industry. Some pharmacies lure beginners with $80,000-a-year salaries and signing bonuses, such as new sports cars. 

Now, state investigators make an average of $70,000 a year, which the state hopes to increase. 

“This is the board’s No. 1 priority now and it seems we have the political climate to make sure we’re able to do it,” Herold said.

SAN FRANCISCO – After slipping and sliding nearly out of sight just a few years ago, the company that gave the world the Frisbee, the Hula Hoop and the Hacky Sack is trying to regain its footing as a toy trendsetter. 

Wham-O, based in San Francisco, has come up with one of the top-selling toys during the industry’s traditionally sluggish summer season — a rejuvenated version of its once-popular Slip’N Slide product line. 

The entire Slip’N Slide inventory has already been shipped out to retailers, making the backyard water slide a success beyond the privately held company’s expectation. 

Wham-O is now on a pace for $50 million in sales this year, more than twice its revenue for 1997. That was the year a group of investors led by the New York-based Charterhouse Group bought the toy maker from Mattel Inc. for about $20 million. 

Charterhouse and its partners paid a bargain-bin price for a toy box full of classic creations that also included Superball, Boogie Board, Silly String and Water Wiggle. 

Despite its brands’ name recognition, Wham-O seemed to lose its punch under Mattel, which focused most of its efforts on much bigger and highly profitable product lines like Barbie dolls and Hot Wheels model cars. 

Its new management team set out to re-establish the popularity of the company’s best-known toys and then introduce updated versions of the top sellers. 

“This was a small business for Mattel, but we think we can build it into something much bigger with our more focused approach,” said Wham-O chief executive Mojde Esfandiari. “Our objective is to grow into a business with $200 million to $300 million in annual sales within the next few years.” 

To hit its sales target, Wham-O — named after the impact of a well-aimed slingshot, the company’s original product — expects to snap up other promising toy lines, much like company co-founders Rich Knerr and Spud Melin did in 1955 when they bought the Pipco Flying Saucer from inventors Fred Morrison and Warren Franscioni. 

After initially selling the discs as the Pluto Platter, Wham-O later renamed it “Frisbee.” The Frisbee and Hula Hoop helped establish Wham-O as one of the toy industry’s top fad factories. 

Mattel and Hasbro Inc. dominate toys today — together they have about 37 percent of the $23 billion industry. Wham-O’s plan is to establish itself as the No. 1 maker of outdoor toys. 

“It’s a smart strategy on Wham-O’s part,” said New York toy consultant Chris Byrne. “There is tremendous equity built up in some of their brand names. The challenge for them is to figure out a way to find new, innovative ways to get customers to buy more Frisbees and more Slip’N Slides.” 

The comeback of the Slip’N Slide — a popular product shelved in the early 1990s after a series of adult accidents — is an example of how Wham-O hopes to put some of the Baby Boom generation’s favorite toys on the wish lists of 21st-century kids. 

When Wham-O decided to revive it, the product was redesigned to add several new twists, including longer ramps, water tunnels and colorful archways. 

“We don’t want today’s kids to think of our toys as their Mom and Dad’s toys,” said Scott Masline, Wham-O’s senior vice president of marketing. “The nostalgia associated with our toys is nice, but in the end it’s all about product innovation.” 

Wham-O says the redesigned slides — labeled with prominent warnings against use by anyone above 11 years old — are perfectly safe. 

Oakland attorney Matthew Rinaldi, who negotiated a settlement for a man who broke his neck on the Slip’N Slide, also thinks the latest version is safe, but fears the product’s comeback will inspire some households to pull out the more dangerous old versions out of their garages. 

“We are very concerned,” Rinaldi said, “because it seem like the Slip’N Slide has an aura of being cool again.” 

During the next year, Wham-O plans to introduce 50 new products to its existing line of about 120 toys. Most of the new products are designed for winter use — an attempt to diversify a business now heavily reliant on summertime sales. 

Most of the new products will attempt to piggyback on established brands. For instance, the company will sell products such as the Frisbee Flyer, the Hula Hoop Saucer and the Slip’N Slide Snow Spinner to ride down snow-covered hills. 

For now, Wham-O is just hoping that its summer sales remain strong. The toy maker may be one of the few businesses based in blackout-prone California to be rooting for hot weather during the next few months. 

“I pull out the paper every morning and turn to the weather map,” Masline said. “When I see red all over the map, I know that means green for us.”

Racing across the blue Pacific like wild, white-maned horses, the curling breakers crashing down on California’s beaches are an iconic image of the Golden State. 

Berkeley grad Misha Cornes goes to the beach and sees something more: an energy source tailor-made for power-strapped California. 

Cornes and his colleagues at the Berkeley based start-up Sea Power & Associates think they’ve figured out how to harness the energy in waves. 

Their Wave Rider technology is a series of lightweight concrete floats that would sit one to two miles off shore. Floats are connected to a hydraulic pump that extends about 60 feet down to the ocean floor. The up-and-down motion of the waves creates pressure that drives the hydraulic pump, which then drives turbines to generate electric power. 

The design “seemed to be well thought out and I didn’t see any reason why it wouldn’t work,” says David Navarro of the California Energy Commission. “There’s a lot out there. it’s just waiting to happen.” 

The notion of wiring the waves has been around for a few decades. The problem up to now is that few of the ideas have been tested — although some companies outside the United States have produced power from the ocean — and the cost has been considered prohibitively high compared to other renewable forms of energy such as wind and sun. 

“It’s estimated two-tenths of a percent of the energy contained in the ocean could power the whole world. It’s this energy source that’s totally untapped,” says Cornes. 

While Japan and Northern Europe have forged ahead with government-funded sea power schemes, research dollars in the United States dried up after an initial surge in the 1970s. 

In California, there were talks about trying a few ideas along the coast, but “when the deregulation came through there was no money for research. They all stopped. They all went away,” said Michael Champ, president of the Falls Church, Va.-based Advanced Technology Research Project and an early advocate of ocean power. 

Now, with California battling an energy crisis and a revival of interest in finding sources of energy that don’t come from decomposed dinosaurs, sea power advocates are hoping to see their field get a push. 

“Where we are is where wind was five years ago,” says Mirko Previsic, CEO and founder of Seapower & Associates, who has tested his ideas in wave tanks but needs to raise $3.4 million to build an oceangoing prototype. 

The total power of waves breaking on the world’s coastline could produce two to three million megawatts, Navarro said. In good locations, wave energy density can produce an average 65 megawatts per mile of coastline. One megawatt can power about 750 homes. 

“When you see a wave go by you think of it as the water moving. Well, it’s not the water, it’s the energy within the water that’s making it move,” says Navarro. 

The ocean can produce two types of energy, thermal energy from the sun’s heat and mechanical energy from tides and waves. 

There are three basic ways of converting the kinetic energy that drives a wave into power: 

— Tapered channel systems push the waves into reservoirs and then make the water flow through a turbine, similar to a hydroelectric dam. 

— Float systems use the rise and fall of the waves to drive hydraulic pumps. 

— Oscillating water column systems are fixed generating devices in which waves enter the column and force air up past a turbine. As the wave retreats, the air pressure drops, causing the turbine to turn. 

Last November, the world’s first commercial wave power station, which uses the oscillating water column system, began supplying power to the grid on the small Scottish island of Islay. It’s operated by Wavegen, a pioneer in ocean energy. 

Wave energy has the advantage over wind and sun in that it is constant. There are some concerns about getting permits to place the devices and they would also need to be marked for navigational purposes. View obstruction could also be a concern, although many of the devices sit far offshore and would not be visible from land. 

Sea Power & Associates’ target market is remote coastal communities and small islands which now have to rely on diesel generators, which are expensive and dirty. Ocean power would produce no greenhouse gases and Cornes and Previsic believe their system could be cost-competitive with diesel, which they said now costs 18 cents to 25 cents a kilowatt hour. 

Sea Power & Associates got a boost this spring when their business plan won the $10,000 grand prize at the Social Venture Competition held at the University of California, Berkeley’s Haas School of Business. 

The next order of business is trying to squeeze money out of an increasingly skittish venture capital pool. 

“They’re still working ... which is a plus,” says Navarro. “I have to give a lot of credit to Mirko for believing in what they’ve done and pushing it forward.” 

Champ, too, hopes sea power is on the rise. 

“It just really is a crime to see this die,” he says. “Even if it only put a light bulb on the end of the pier for people to fish off, it would have been valuable. It would have been a light in the dark that didn’t cost anybody anything.”

I was rushing out the door heading to Ozzie’s 80th birthday party/fund-raiser at his namesake lunch counter at the Elmwood Pharmacy, when the phone rang.  

The strongly accented sweet, young male voice on the other end of the receiver told me he was Martine, from Buenos Aires.  

He explained that he knew a dear friend of mine. She gave him my name and number in the hope I had a room in my house for him, and a willingness to play host and guide.  

Martine had come from the straightest possible arrow.  

He had spent the last five years as financial analyst for a top British bank with a branch in Buenos Aires.  

My idea of a Bay Area travel guide was one you would never find in any book. I was out to blow the mind of this 30-something Argentinean M.B.A. 

“If you can get here in less than half an hour, I’ll take you to a very different first stop on our tour de force.” Martine made it.  

We left for Ozzie’s 80th, and we arrived just in time for a toast to the honorable maitre d’ of the political hang out of the Berkeley left.  

If was over B.L.T.s and milkshakes that rent control was strengthened and candidates for the Berkeley left political party, commonly called the B.C.A. or Berkeley Citizens’ Action, were chosen. Ozzie’s – its placemats sporting nostalgic photos of luncheonette memorabilia with “counter culture” written on top – still remains a good eatery and a speakeasy for diehards. 

At the Nabolum Bakery up the street, a woman named Georgia had a photographic gallery of fine black and white Ozzie lunch counter photos honoring Ozzie who more than soda jerked on the corner of College Avenue and Russell Street for an astounding 40 years. No one works 40 years anywhere for anything any more. Ozzie was hosting folks everyday, and he was Berkeley’s unvoted mayor for more than four terms.  

He and Fidel Castro will go down in history for the longest amount of time doing people leadership.  

It was truly an Elmwood experience with the local shops joining in to celebrate this notable networker and legend.  

There were Save Ozzie’s lunch counter T-shirts and information on the political aspects for the saving of both the pharmacy and lunch counter. It is definitely a Berkeley grassroots movement founded on the need for good drugs and gourmet California cuisine sandwiches. 

Martine was a bit confused and impressed. He had never seen a lunch counter in a pharmacy, let alone one that had become a political focus. I heard him whispering to himself, “Save Ozzie’s! Save the pharmacy!”  

I thought I also heard him say something like “La gente unido could save this pharmacito!” Travels with Martine had just begun. 

Late that night, very late, so late we didn’t have to pay the cover, we went down to Ashkenaz on San Pablo Avenue and Gilman Street, to dance the last numbers of the Californian Cajun Orchestra. The beautiful, spacious dance floor was not crowded.  

There were lots of smiling faces. The atmosphere was wholesome and down to earth – just the way David Nadel always envisioned. Even though David was shot and killed one night by an unruly customer, the glory and uniqueness of his dance hall remains a constant memory of him for Berkeleyans. 

Dancing with Martine is like the first mouthful of the fudge sundae at Rivoli’s on Solano Avenue.  

It’s like the cream and the Hog (that’s my nickname for Hagen Daz), and the hot homemade fudge merge together with your saliva into a smooth texture that rolls down your mouth from the back of your throat. Your whole inner being becomes wet and juicy with the overwhelming sweetness. The buzz starts at the top of your head and sends this incredible flash of pure contentment through your sympathetic, parasympathetic and down right compassionate system till you feel rushes of emotion – mostly the utmost sensual pleasure and ultimate satisfaction.  

There is a saying that Argentineans dance before they walk. The expression came about after the birth of Martine.  

I think you get the idea. 

We started out the next morn biking to the middle of the UC Berkeley campus to drink lattes at the Free Speech Café.  

We were moving slowly towards the Himalayan Fair, the annual event at Live Oak Park that is probably the closest I’ll come to Katmandu. Amid the scents of India, one walks through hundreds of stands some with authentic Himalayan arts and crafts, some with exotic foods, and some selling Ayuveda remedies.  

Tibetan dance and music from the stage area resound around this “mercado” of flavors.  

Martine bought an incense holder, a hashish pipe, and worry beads. I was seduced by this Ayuveda cure that contains special pure water that a crew of Hawaiian divers dove 2,000 miles down under into a secret cave to extract.  

The water is mixed with this sap that comes out of certain trees that grow only in the Himalayas. It is probably a “bubbameiser,” (grandmother’s story) but I was so intrigued with the “salesman’s” enthusiastic Elmer Gantry style that in a trance I bought a case.  

I took the bottles home only to discover that it tasted like tap water with a bit of piss in it. I think the bottle says you may not feel effects for the first six months, except a bad taste in your mouth after swallowing. 

On Wednesday, we went to the Tool Lending Library at the South Branch Berkeley Public Library, where we were taken on a V.I.P. equipment tour delivered in Martine’s native tongue.  

Martine wants to start an entrepreneurial version in Buenos Aires of this Berkeley socialist venture. Good luck,Charlie! 

Martine left the next day for Seattle to watch a woman channel a 1,000 -year-old wise man. (I don’t think I get that channel.) He will be back in a week or so and Travels with Martine will continue in the Daily Planet. Happy trails till then! 

This is the first part of a short series written by Nan Silver-Alvarez, a Berkeley resident.

Jazzschool founder and director Susan Muscarella couldn’t be more pleased as the private music school enters its fourth year of operation. 

A former director of the UC Berkeley jazz program with a reputation as a highly-regarded performing jazz pianist and educator, Muscarella says the school offers students of all ages and skill levels one of the most comprehensive programs devoted to jazz study and performance in the country. Today, the school is a thriving learning and performance community, enrolling an average of 500 students quarterly.  

The school offers courses in all jazz styles and many related idioms, including a new workshop that teaches the ancient oral (no written notation) traditions of the people of Bali through orchestral singing, interlocking rhythms, and an array of exotic percussion instruments.  

In addition, the school offers a limited number of courses for academic credit through a partnership with UC Berkeley Extension. 

Muscarella’s recruiting strategy finds its strength in the professional relationships and friendships she has forged over the years: “The faculty are people I have played with or have known about for many years, and all possess a high level of musicianship,” says Muscarella. “I haven’t had to twist anybody’s arm.”  

Vocal music arranger Greg Murai leads the Vocal Jazz Ensemble, a small group selected by audition to study and perform jazz harmony.  

Popular local diva Brenda Boykin, teaches the Blues Funshop, a wide-open romp through the many incarnations of the blues, from its early gospel roots to its influence on rock music.  

The Jazzschool offers instruction for a multitude of string, woodwind, and percussion instruments in small ensembles and big band settings. Brazilian pianist and composer Marcos Silva will teach five sections of a six-piece ensemble this summer quarter, featuring works by internationally renowned Brazilian artists Ivan Lins, Dori Caymi and Antonio Carlos Jobim. The school employs over 90 faculty members teaching nearly 70 courses. 

Throughout the academic year, Muscarella hosts Sunday afternoon concerts for faculty and other local and visiting musicians.  

Each quarter culminates with a week-long student recital series, an opportunity for students to take what they have learned and craft a performance before a live audience.  

The Jazzschool Students’ Summer Concert Series allows students to showcase their musicianship in a professional context, performing full sets that may include “fresh takes” on standard melodies and original compositions. The monthlong event is scheduled to begin July 15.  

Recently, the Jazzschool sponsored a benefit concert for the prestigious Berkeley High School jazz program, featuring the BHS jazz band.  

The fund-raiser netted $575 to support jazz education and performance development.  

“I was really happy for the opportunity to have them perform at this concert and hope for more in the future,” Muscarella said, adding that Berkeley High’s jazz director, Charles Hamilton, is a member of the Jazzschool Advisory Board.  

The Jazzschool offers scholarships through the East Bay Community Foundation, making private instruction affordable for many BHS students and other low-income music students. 

Due to burgeoning enrollment, faculty and curriculum growth, the Jazzschool will officially open on Sept. 23 at a new location: the S. H. Kress Building at 2087 Addison St., in the heart of Berkeley’s new downtown arts district. The basement milieu occupies 7,500 square feet, over three times the floor space of the school’s present facility, a quaint two-story Victorian at 2375 Shattuck Ave.  

The new digs will contain soundproof classrooms, practice rooms, a music library and a 120-seat auditorium and performance space for students, faculty and visiting artists.  

Muscarella plans to open the performance space – which will be dedicated to the memory of Phil Hardymon, creator of Berkeley High’s jazz program – to students for regularly scheduled evening concerts on Fridays from 4:30 to 6:30 p.m. Other amenities and resources include a café, a bookstore for educational material, and teaching aids such as music CDs and videos.  

Jazz diva and educator Madeline Eastman will kick off the new school’s opening with a concert followed by a public reception.  

For tuition and enrollment information call the Jazzschool at 845-5373 or visit its Web site at www.jazzschool.com.

MARIPOSA — Cary Stayner had planned to kill for months before he acted spontaneously on his fantasy and targeted three Yosemite National Park tourists staying at the motel where he worked. 

Stayner blocked his ears with his fists and wept Wednesday as his taped confession was played at his preliminary hearing in Mariposa Superior Court. 

After hearing the confession and other testimony over the past three days, Judge Thomas Hastings found there was enough evidence to warrant a trial on murder charges. Stayner will be arraigned July 16, and a trial date will be set. 

In his own words, Stayner told how he methodically killed the three, describing how it began Feb. 15, 1999, when he wrapped a rope around Carole Sund’s neck, sat on her back and “just nonchalantly strangled her to death.” 

“I had no feeling, like I was performing a task,” he said in the confession. “Her hands turned purple and blue and I kind of realized that was it.” 

Stayner said he did the same to Silvina Pelosso, and said he slashed Juli Sund’s throat the next morning after repeatedly sexually assaulting her and telling her he loved her. 

The 147-year-old courthouse was silent as the tape of Stayner, in a quiet voice, described the crimes in graphic detail. 

At one point in the proceeding, a weeping Jose Pelosso, Silvina’s father, who had flown from Argentina for the hearing, shouted a slur at Stayner and stormed out of the courtroom. 

Stayner, 39, already is serving a life sentence after pleading guilty in federal court to murdering Yosemite naturalist Joie Armstrong in July 1999, a crime that led to his arrest in the tourists’ case. That case was held in federal court because she was killed in a national park. 

He could face execution if convicted in the tourist case. Prosecutors said they will decide whether to seek the death penalty before the July hearing. 

Stayner said he had no intention of killing the three women tourists until he saw them through the window in their room at the rustic motel where he worked outside the park as a maintenance man. 

In the previous three months, however, he had begun to contemplate murdering his girlfriend and her two daughters. He described the woman as a “slob” and said he fantasized about sexually assaulting her girls and then burning the house down. 

But he said his plans were thwarted because a caretaker lived upstairs from the family and they had been nice to him, making it harder to want to kill them. 

The instinct to kill continued to ferment, however, and Stayner said he “researched” guests at the lodge whom he might kill during Valentine’s weekend when the Sunds and Pelosso arrived. 

As he walked past room 509 the night of Feb. 15, he saw the girls lying in bed and Carole Sund reading a book. There was no man in the picture, and Stayner believed he had found “easy prey.” 

The lodge also wasn’t busy that time of year, and there would be no one in adjacent rooms to hear the tourists if they screamed. 

Stayner said he pretended to return a master key to the front office that he had taken to get pool cleaning supplies. Then he went to his room above the lodge office, donned camouflage pants, a black, hooded sweatshirt and grabbed a backpack that contained a gun, a knife, clothesline and black duct tape. 

He knocked on the door of room 509 and said he had to check on a leak in the bathroom.  

Carole Sund initially refused to let him in the room, but relented when he said he would get the manager. 

When he emerged from the bathroom, he pulled a gun. The girls, he said, were unfazed, merely looking up from watching the videotape “Jerry Maguire.” 

“The mother’s eyes got real big,” he said. 

He made the three lie on the floor, bound their hands behind their back with duct tape, gagged their mouths and then took the girls into the bathroom while he strangled Carole Sund.  

He then threw her body over his shoulder and dumped it in the trunk of their rental car. 

“It felt like I was in control for the first time in my life,” Stayner said. 

Stayner, a hairy, but balding man, said was careful to collect any hairs he left behind, something he learned from a forensic science program on the Discovery Channel. 

At times during the interview with FBI interrogator Jeffrey Rinek, Stayner told how he had close brushes with law enforcement officers. He seemed boast as he told agents how he tried to throw them off his trail by wiping off fingerprints and getting a kid to lick an envelope so his DNA wouldn’t be on a letter he sent to the FBI with clues. 

Agents encouraged him at times, telling him he was amazing, and they even expressed sympathy. 

“Oh my God, you’ve been living with that?” Rinek exclaimed as Stayner began sobbing as he described how he killed Juli. 

Stayner, who wrapped a naked Juli in a blanket and put her on the front seat of the car, said he had grown fond of her and didn’t want to kill her. But he didn’t have anywhere he could take her. 

Juli asked if he was going to kill her, but Stayner didn’t answer. 

As he drove from the Cedar Lodge with Juli in the passenger seat and two bodies in the trunk, Stayner had no idea where he was going. 

Eventually he pulled into a parking lot at a scenic overlook at Lake Don Pedro, a reservoir in the Sierra Nevada and carried Juli down to a grassy section on a trail below. 

After sexually assaulting her again, Stayner said he turned the girl around so he didn’t have to look at her. He kissed her a few times and told her he wished he could keep her. 

Juli made a gesture as if putting a gun to her head, like she wanted to be finished off. 

Stayner said he grabbed her hair, pulled her head back and took a couple of swipes with a long, serrated kitchen knife across her throat. He said he stared off in a daze toward the reservoir below as she made a loud, gurgling noise. 

“I didn’t want her to suffer like the other two,” he said. “I know she did.” 

——— 

On the Net: 

Mariposa Sheriff Web site: http://www.sierratel.com/sheriff/ 

SACRAMENTO — California environmentalists, critical of newly relaxed air pollution rules for power plants, say air quality and public health are taking a back seat to “keeping the lights on.” 

Environmental defenders say a state with the nation’s worst air pollution is taking a big step into reverse. 

“It’s just another in a long list of instances where we’re seeing the normal rules and regulations pushed out of the way for the energy crisis,” said Sandy Spelliscy, general counsel of the California Planning and Conservation League. 

On Monday, Gov. Gray Davis relaxed California air pollution rules for natural gas-fired power plants. Davis, seeking another tool against rotating summer blackouts, estimates his executive order will generate new power for about 1 million residents. 

The governor, backed by the California Air Resources Board, said the only alternative is to run even dirtier diesel-fired generating plants. His order, effective until cooler weather expected by Oct. 31, also establishes new fines paid by gas-fired power generators to local air districts to retire other sources of pollution. 

While the Davis administration describes the move as “a net gain for air quality,” environmental advocates call it a “sad outcome” and “genuine tragedy.” 

“I suppose we should take some comfort that they’re saving the diesels for last,” said V. John White, lobbyist for the Sierra Club in California. “But it’s a sign that the environment is a casualty in this energy meltdown.” 

Ross Mirkarimi, spokesman for the California Green Party, called the rule change another “knee-jerk remedy that does nothing to mitigate what looks like is poised to be a long-term problem. 

“Every action the governor takes to abate this energy crisis should be done with sustainable policies in mind,” he said. “And so far to date, Gov. Davis has not reacted to the short-term crisis and planned properly for the long-term future in a common sense, green, consumer-oriented manner.” 

Jim Martin, energy analyst at the Environmental Defense Fund, called the governor’s order a mixed blessing. 

“The positive aspect is that the order expires in October of this year,” he said. “The other is that they’re going to collect the money and offset with other reductions.” 

The Sierra Club’s White said he believes the state will end up paying the fines on behalf of power generators to local air districts. 

“We’ve breached another fundamental principle,” White said, “which is that polluters should pay the cost of the pollution themselves. This is a horrible price we’re paying.” 

Davis spokesman Roger Salazar said power generators must pay their own fines, estimated at about $37.50 per megawatt, to the air districts. 

“The idea that they build it into the price is subject to negotiation,” he said. 

Martin called it “a genuine tragedy that we’ve reached this point. The health effects are very large and the potential megawatts are small. Maybe we should turn off a few lights.” 

Likewise, the California Public Interest Research Group called for stronger conservation measures, including state-funded rebates for energy-efficient appliances and tax credits for “clean” household power systems. 

Spelliscy of the California Planning and Conservation League said many activists are wondering if the state did enough to encourage conservation. Also, a hurry-up plan for plant development could lead to mistakes. 

“I think we’re taking a big step backward,” she said. 

Salazar said it’s the only way to avoid using the diesel-fired generators that environmentalists claim to fear even more than blackouts. 

“If you expand the hours these natural gas plants are operating, you won’t have to use the backup diesel generators, which typically emit 10 times more emissions,” he said. “If you want to avoid blackouts, this is a more preferable way of doing it.” 

The Federal Energy Regulatory Commission ordered an expanded inquiry Monday into whether El Paso Corp. drove up the price of natural gas destined for California last year by improperly favoring gas marketing companies it owns in bidding for transportation capacity on one of its pipelines. 

The commission reversed its ruling of March 28 in which it said El Paso Corp. did nothing wrong in the way it awarded contracts for capacity, or the right to ship gas on its large pipeline connecting gas fields in the Southwest to California. 

El Paso’s control of the pipeline is the subject of hearings now in their fifth week before an administrative law judge at the energy commission. 

Acting on an appeal of their decision by California regulators and on a request for guidance from the judge, Curtis L. Wagner Jr., the five commissioners said they now believe the relationship between the El Paso units raises “factual issues that are best resolved in an evidentiary hearing.” 

California regulators allege that El Paso used its control of the pipeline to inflate the price of gas by as much as $3.7 billion. 

El Paso Corp., based in Houston, has denied that it overcharged customers or manipulated the markets.  

It has attributed the high cost of gas to supply and demand and to constraints in California’s distribution system. 

“The bottom line is the evidence the FERC looked at when they made their initial decision...is still the same,” said Norma F. Dunn, El Paso’s senior vice president for communications. “We remain very confident.” 

In its action Monday, the commission rejected El Paso’s request to dismiss the entire case. 

The hearings have gone on longer than expected. Wagner’s initial ruling had been due in late June, then early September.  

The commission gave him 10 days to produce a new timetable. The commission will be able to either accept or reject Wagner’s ruling. 

Commissioner Pat Wood III, one of President Bush’s two recent appointees to the commission, issued a concurring opinion in which he noted that California regulators originally filed their complaint 14 months ago.  

“In the framework of active energy markets, it is critical that the commission act expeditiously on complaints,” he said. 

On the Net: 

FERC: http://www.ferc.gov

SACRAMENTO – Industrial power users could soon get paid by the state for cutting back on power use when California’s electricity reserves are low. 

Gov. Gray Davis signed an executive order Saturday creating a voluntary “interruptible” program that will use up to $100 million in state money to pay businesses for not using electricity. 

The money is “going to be spent one way or another,” said S. David Freeman, the governor’s senior energy adviser. “We’ll either be buying power or buying power reduction. It’s a matter of what’s the most economic.” 

Davis said that since nearly 70 percent of energy use in California is by commercial users, the program will “help mitigate and even avoid blackouts.” 

The Independent System Operator, manager of the state’s power grid, will operate the program, and the state Department of Water Resources will back it financially. 

Participants, mostly large commercial users, will submit bids for reducing their power. Grid operators will then compare that price with the going price for power and choose the cheapest option, Freeman said. 

“We’d rather pay people in California to cut back than pay out-of-state generators,” he said. Paying people to reduce their power has the added bonus of decreasing the chances of blackouts, he added. 

The new program is designed to streamline existing programs operated by the Public Utilities Commission, the Independent System Operator and utilities. 

Pacific Gas and Electric Co. and Southern California Edison have similar programs that offer cheaper electric rates if participants curtail energy use when electricity reserves drop below 5 percent. 

Those programs, which account for about 1,400 megawatts that grid operators can cut if necessary, will probably continue, but participants could eventually be moved into the state-funded program, said Kellan Fluckiger, Davis’ energy adviser. 

Fluckiger said the size of the new program would depend on how many participants the ISO can recruit. 

The ISO releases information on bids for energy after a period of time, and will probably treat bids for cutting power the same way, he said.