Mecca Hassas of Oakland, 20, woke up Sunday morning to the news of the military strikes against Afghanistan, her homeland.  

“Just imagine sitting in front of the TV and seeing your country bombed,” she told the hundreds of people who came to downtown San Francisco Sunday to protest the military action. 

Hassas said that several of her family members were stuck in Jalalabad, one of the cities targeted by the bombing, and that she feared for their safety. 

The demonstration at Powell and Market streets was a peaceful event attended by 450 people, according to San Francisco Police Sgt. Kurt Brunneman. Protest organizers placed attendance at closer to 1,000 people. 

Standing on milk crates, Richard Becker of the International Action Center, one of the organizers of the event, criticized the air strikes and the humanitarian aid that the U.S. government is also dropping on Afghanistan. “They say they are going to drop food, but pallets of food are nothing more than bombs, when they’re dropped from 15,000 feet,” he said. 

Malalai Arsalai, 22, Afghani-American student, told demonstrators that despite the fact that United States officials have said that this is not a war against

Editor: 

The tragedy that hit us on September 11 was clearly a devastating blow on the nation as a whole. The economy, the culture, and even the lives of people have been destroyed, but the thing is to look away from the negative and focus in on the positive of the whole situation. This positive is the WORLD UNITING! 

People, especially the youth of America (18-24 years), have come together to donate blood, volunteer their time, and even protest war. These issues, such as war, affect our lives. We, as the youth of America need a voice and the Youth Vote Coalition of California will give us that voice we so desperately need. They help inform the youth about issues that coincide with their lives and they demand politicians to begin to pay attention to youth issues. The exclusion of the youth of America is a dangerous trend that will definitely hurt the nation in the long run. Democracy is diminishing without the voices of the youth and with the aid of the Youth Vote Coalition of California, the youth can get their ideas heard and issues solved. Thank you to “Youth Vote” for their everlasting efforts to help the future of America. 

Sumant Chakravart

924 Gilman Street Oct 12: One Line Drawing, Funeral Dinner, Diefenbaker, Till 7 Years Pass Over Him; Oct 13: Dead and Gone, Cattle Decapitation, Vulgar Pigeons, Wormwood, Antagony; Most shows are $5 and start at 8 p.m. unless otherwise noted.  

Anna’s Oct. 8: Renegade Sidemen, Calvin Keyes; Oct. 9: Open Mic; All shows begin at 8 p.m. 1801 University Ave. 849-ANNA www.annasbistro.com 

Ashenaz Oct 10: Billy Dunn & Bluesway; Oct 11: Greatful Dead DJ Night; Oct 12: Sambo NGO; Oct 13: Clinton Fearon, Dub Congress; Oct 14: Open Stage; Oct 16: Danubias; Oct 17: Cajun Cayotesl Oct 18: Greatful Dean DJ Night; Oct 19: Swing Session 1317 San Pablo Ave. 525-5054 www.ashkenaz.com 

Cal Performances Oct. 12 - 14: Fri. and Sat., 8:00 p.m., Sun. 3 p.m. Ballet Nacional De Cuba, $24 - $46; Oct. 17 and 18: 8 p.m. Cesaria Evora, $24 - $36; Oct. 19: 8 p.m. Karnak, $18 - $30. Zellerbach Hall, UC Berkeley Campus, Bancroft Way at Telegraph, 642-0212, tickets@calperfs.berkeley.edu 

Eli’s Mile High Club Every Friday, 10 p.m. Funky Fridays Conscious Dance Party with KPFA DJs Splif Skankin and Funky Man. $10; Sept. 3: 2 - 8 p.m. Big West Coast Harmonica Bash, afternoon benefit for Red Archibald. $10 donation; Doors open at 8 p.m. unless noted. 3629 Martin Luther King Jr. Way, Oakland. 655-6661 

Freight & Salvage Oct 8: All Nation Singers, Walter Ogi Johnson, Thunder; All shows start at 8 p.m. 1111 Addison St. 548-1761 www.freightandsalvage.com 

Jupiter Oct. 9: Hydeus Kiatta Trio; Oct. 10: Cannonball with DJ Aspect; Oct. 11: Beatdown with DJ’s Delon, Yamu, and Add1; Oct. 12: Japonize Elephants; Oct. 13: J Dogs; All music starts at 8:00 p.m. 2181 Shattuck Ave. 843-7625 www.jupiterbeer.com  

Live Oak Concerts Oct. 14: A Harvest of Song, an evening of premiers of works, $8-10. Both shows start at 7:30 p.m. Berkeley Art Center, 1275 Walnut St.  

Rebecca Riots Oct. 12: 7:30 p.m. $20-23. Montclair Women’s Cultural Arts Club, 1650 Mountain Blvd., Oakland. 339-1832 

Synchronicity Oct. 14: 2 p.m. Piano and percussion duo fuses classical and jazz music into a visual experience. $10 adult, $5 child. Julia Morgan Center for the Arts, 2640 College Ave. 845-8542 www.juliamorgan.org 

Shafqat Ali Khan Oct. 20: 8 p.m. Concert of classical Ragaa, Sufi, Urdu, Persian Ghazel, and other popular musical styles from India. $20 general admission, $15 students. Julia Morgan Center for the Arts, 2640 College Ave. 845-8542 www.juliamorgan.org 

“Murder Dressed in Satin” by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland. 239-2252 www.acteva.com/go/havefun 

“Swanwhite” Through Oct. 21: Thur. - Sat., 8 p.m., Sun. 7 p.m. A new translation of the Swedish Play that asks the question what good is romantic love, directed by Tom Clyde. $20, Sundays are “Pay What You Can”. Transparent Theater, 1901 Ashby Ave. 883-0305, www.virtuous.com 

“Orestes” Through Oct. 21: Fri. - Sat., 8 p.m., Sun. 2 p.m. An adaptation of the classical play by Euripides that incorporates passages inspired or taken from various 20th century texts. Written by Charles Mee, Directed by Christopher Herold. $6-12. Zellerbach Playhouse on the UC Berkeley campus 642-8268 

“Approach” Through Oct. 27: Thur. - Sat., 8 p.m. An examination of the search for intimacy as our most precious form of survival. Written by Susan Wiegand, Directed by Katie Bales Frassinelli. $15 general admission, $10 students and seniors. Eighth Street Studio Theatre, 2525 8th St. 655-0813 www.shotgunplayers.org 

“36 Views” Through Oct. 28: Tues. 8 p.m., Wed. 7 p.m., Thu. 8 p.m. w/ 2 p.m. matinee every other Thu., Fri. 8 p.m., Sat. 8 p.m. w/ 2 p.m. matinee every other Sat., Sun. 2 p.m., 8 p.m. Written by Naomi Lizuka, Directed by Mark Wing-Davey. $10 - $54. Berkeley Repertory’s Roda Theatre, 2015 Addison St. 647-2949 www.berkeleyrep.org 

“Lisa Picard is Famous” Oct. 12-19: Mocumentary chronicles New York actress who hopes to get more than a fleeting taste of fame when a racy cereal commercial brings her unexpected national notoriety. Shattuck Cinemas, 2230 Shattuck Ave. 843-3456 

“Inside Editions” through Oct. 12: Nine printmakers exhibit their work. 10 a.m. - 5 p.m. Tue. - Fri. Free. Kala Art Insitute, 1060 Heinz Ave. 549-2977 kala@kala.org 

“Census 2000: Asian Pacific Islander Americans” through Oct. 13; Wed. - Sat. 11 a.m. - 5 p.m.; Asian Pacific Islander American artists in roughly the demographic proportions indicated by the recent census. Free. Pro Arts, 461 Ninth St., Oakland 763-9470  

“MWP Perspectives” Jon Orvik: One artist’s journey. Through Oct. 27 Tues. - Fri. 12 - 5 p.m., Sat. & Sun. 12 - 4 p.m. Solo artist exhibiting his journey through metal, wood and paint. Adapt Gallery and Design, 2834 College Ave. 649-8501 www.adaptgallery.com  

“50 Years of Photography in Japan 1951 - 2001” Through Nov. 5: An exhibition from The Yomiuri Shimbun, the world’s largest daily newspaper with a national morning circulation of 10,300,000. Opening Reception Sept. 5: 6 - 8 p.m. open to the public; Mon. - Fri. 8 a.m. - 6 p.m. U.C. Berkeley, Graduate School of Journalism, North Gate Hall, Hearst and Euclid. Free. 642-3383 

“Jesus, This is Your Life - Stories and Pictures by Kids” Through Nov. 16: California children, ages four through twelve, from diverse backgrounds present original artwork, accompanied by a story written by the artist. Mon. - Thur. 8:30 a.m. -10 p.m., Fri. 8:30 a.m. - 6 p.m., Sat. 10 a.m. - 6 p.m., Sun. 12 p.m. - 7 p.m. Flora Lamson Hewlett Library, 2400 Ridge Rd. 649-2541. 

“Changing the World, Building New Lives: 1970s photographs of Lesbians, Feminists, Union Women, Disability Activists and their Supporters” Through Nov. 17: An exhibit of black and white photographs by Oakland photographer Cathy Cade, who captured the interrelationships of the different struggles for justice and social change. Opening reception Sept. 15, 5 - 8 p.m. Gallery Hours, Mon. - Fri. 8:30 a.m. - 6:30 p.m., Sat. 9 a.m. - 3 p.m. Photolab Gallery, 2235 Fifth St. Free. 644-1400 cathycade@mindspring.com 

“The Whole World’s Watching: Peace and Social Justice Movements of the 1960s and 1970s” Through Dec. 16: A documentary photo exhibition which examines the rich history of the social movements of the 1960’s and 1970’s. Wed. - Sun., noon - 5 p.m. Berkeley Art Center, 1275 Walnut St., Live Oak Park. Free. 644-6893 

“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 Botticelli’s “Primavera” Ongoing. Call ahead for hours. Atelier 9 2028 Ninth St. (at Addison) 841-4210 or visit www.atelier9.com 

Boadecia’s Books Oct. 12: Susan Gaines reads from her novel “Carbon Dream”; Oct. 18: Patricia Nell Warren reads from her novel “The Wild Man” ; All events start at 7:30 p.m. unless noted otherwise. All events are free. 398 Colusa Ave. 559-9184 www.bookpride.com 

Cody’s on 4th Street Oct 12: Cody’s For Kids- Rosemary Wells and Bunny Party; Harruet Lerber surveys “The Dance of Connection: how to Talk to Someone When You’re Mad, Hurt, Scard, Frustrated, Insulted Betrayed or Desperate”; Michael Chabon talks about The Amazing Adventures of Kavalier & Clay. 1730 Fourth St. 559-9500 

Mike Munoz is fast becoming an impact player for the Cal men’s soccer team. The freshman leads the team with six assists on the season, and on Sunday he scored a spectacular overtime goal, giving the Bears a 1-0 overtime win over Santa Clara. 

Munoz had just come on the field as a substitute in the 103rd minute of the game. One quick throw-in and pass from teammate Troy Roberts later, he was the hero. Taking the ball at the left corner of the Santa Clara box, he lofted a left-footed shot over Bronco goalkeeper Brenton Junge and into the upper right corner of the goal. Munoz stood stunned for a moment, then joined his teammates in a wild celebration. 

“That’s the biggest goal I’ve ever scored,” a grinning Munoz said after the clamor had died down. “Coach (Kevin) Grimes told me when he put me in to score a goal for him, and I did.” 

Grimes, along with every other spectator in at Edwards Stadium, was duly impressed by the strike. 

“That was just a world-class goal,” Grimes said. “That was one of the top five goals I’ve ever seen in college soccer, and probably the best in overtime.” 

The goal gave the Bears their fifth win in their last six games, with the only blemish in the run a 1-1 tie with Fresno State. It also gave them a huge push heading into their first Pac-10 matchup of the season, as they head to UCLA on Friday. 

“We’ve been building momentum for the last 2-3 weeks, and our confidence level is really high right now,” Grimes said. “We look at each game as a learning process, and we’re growing up fast.” 

Sunday’s win was especially sweet for the veteran Bears who were present at a 5-0 shellacking by the Broncos last season in Santa Clara. Munoz, who is one of seven freshmen receiving significant playing time this year, said the upperclassmen made it clear that this was a big game. 

“They told us about last year, and that made us young guys want it more,” Munoz said. “We have both youth and experience on the team, and that combination is unstoppable right now.”

The City Council will hear an information report tomorrow from the city manager about what the Community Environmental Advisory Board calls selective enforcement of the city’s environmental laws. 

In light of what appears to be favorable treatment of city departments and large and influential businesses over smaller businesses, the CEAC has asked City Manager Weldon Rucker to establish a clear enforcement policy that would ensure equal enforcement of code violations.  

The city manager’s Chief of Staff Arrietta Chakos said that the commission and City Manager’s Office are “of one mind” on the issue. She also said that a policy is currently in the works to spell out enforcement policies as well as include an educational element that will hopefully help all city businesses and agencies avoid unnecessary enforcement. 

In 1997, Alameda County gave Berkeley enforcement authority to implement the California Health and Safety Code. Those code enforcement is carried out the Toxics Management Division of the Planning and Development Department. 

In an October report, the CEAC said that some agencies and large businesses have been given excessive amounts of time to correct environmental code violations, while smaller businesses have been taken to court. 

According to the report, the Department of Public Works and the Berkeley Unified School District have flouted repeated requests to comply with environmental regulations without any consequence. In addition, CEAC Commissioner LA Wood said in a letter to the Alameda County District Attorney that businesses like Bayer and the Berkeley Repertory Theater have also avoided regulation compliance while smaller businesses like Jettco, a transmission repair shop in west Berkeley, was prosecuted by the district attorney’s office.  

“The city’s Public Works Corporation Yard has been violating storm water runoff regulations since 1995 and was only issued a Notice of Violation in May,” Wood said. “That was after years of ignoring notices of corrective action.” 

Chakos agreed it is critical city agencies follow the same policies that it expects city businesses to follow.  

“We want our own public works staff to make sure that we live by the same standards we enforce,” she said.  

Editor:  

Here’s another viewpoint on Barbara Lee’s vote against use of force. It did not require much, if any, political courage. The last election she carried the district by about 80 percent of the votes cast for representative in her district in Alameda County. She could lose 25 points from that total, and still win reelection easily. Secondly, the vote was not a close party line vote in which she defied the discipline of party whips. Lastly, she probably calculated that public response would turn out much as it has, with even those who disagreed with her conclusion on the issue praising her independence. The unfortunate result has been to shift the focus of local debate to herself from the more important question of mobilizing to respond to the outrages in New York and Washington, and preventing future attacks. If Al Gore occupied the White House, he would have asked Congress to approve the identical, or a very similar, measure. Would Barbara Lee have embarrassed a Democratic president by voting against the resolution?  

John McDougall  

Berkeley

SAN FRANCISCO - Sixth-ranked California surrendered a 3-1 second half lead in a 3-3 double overtime tie against unranked San Francisco Sunday afternoon at Negoesco Stadium.  

“We’re not getting a sustained effort for the entire time,” said Cal coach Kevin Boyd. “We gave up sloppy, ugly goals. That’s effort. We’re just not getting continuous efforts from all of the players out there.”  

It was a difficult weekend for the Bears (8-2-1). Friday, Cal lost to No. 21 Saint Mary’s in overtime, 1-0.  

“It was a bad weekend,” Boyd added. “Friday was a little bit unlucky because we played well enough to win, but we didn’t. There’s something to be said for that. We’re not finishing. We’re letting teams in. Today’s the same thing. We played well enough to win without a doubt. But why don’t we?”  

All-American forward Laura Schott gave the Bears a 1-0 lead with a goal in the fifth minute. Midfielder Brittany Kirk directed a free kick to the far post, which Schott headed in for her 10th goal of the season.  

USF forward Meghan Daly evened the score at 1-1 in the 30th minute when she knocked in a ball that squirted free on a long free kick by the Dons.  

Schott sent the Bears into the locker room with a 2-1 advantage by converting on a penalty kick in the 33rd minute. The penalty kick was awarded when Cal midfielder Kim Yokers was fouled near the right baseline of the penalty area.  

The second half began with an early Cal goal. Yokers received a long pass from forward Krysti Whalen and proceeded to notch her third goal and 10th and 11th points of the year.  

Dons midfielder Stacey Caro then scored two unanswered goals in the 56th and 72nd minutes against a tentative Cal defense to send the game to overtime.  

Each team had one great chance to win the game in the first overtime period. Cal goalkeeper Mallory Moser’s clearance went off Bear defender Lucy Brining’s head towards the Cal net. But, defender Kim Stocklmeir was there to make a game-saving clearance.  

Later in the first overtime, Yokers had a one-on-one opportunity with USF goalkeeper Jennifer Orantes. Instead of taking the shot herself, Yokers slotted the ball to forward Kyla Sabo on the far post, but Sabo’s shot went off the post.

The city’s Planning Commission will again open hearings Wednesday on a controversial plan to temporarily halt the conversion of industrial space to office space in parts of west Berkeley. 

Earlier this year, the commission had recommended that the City Council approve a one-year moratorium on office conversions in area zoned for mixed-use/light-industrial purposes in the West Berkeley Plan. But after city planners said that they had not properly notified the public about the commission’s meetings on the topic, the City Council, on June 12, told the Planning Commission to start the process over. 

At least one major office conversion in the MU-LI zone is currently in the works. Publishers Group West, at 1700 Fourth St., wants to take over space now used by its neighbor, clothing manufacturer Tom Tom. 

The West Berkeley Plan, which was instituted in 1993, is designed to preserve manufacturing in the city. In an interview last week, Planning Commissioner Zelda Bronstein said that the moratorium is necessary if the intentions of the plan are to be fulfilled 

“The word diversity still means something in Berkeley — that includes diversity in the economic sense, and in the social sense,” she said. “We want to provide good, well-paying blue collar jobs.” 

But the rules of development in the MU-LI zone, which are at the heart of the current moratorium debate, do include certain provisions for industrial space to offices. Over 160,000 square feet in buildings zoned MU-LI were converted to offices between 1997 and 2000. 

Bronstein laid much of the blame for the current weakness

Editor: 

Pam Reynolds’ excellent front-page article in the Friday, October 5 Planet, “Town prepares to battle university over growth plans,” errs in two important details about the construction planned for UC Berkeley's Northeast Quadrant (NEQSS). 

Her claim that “the construction, planned for 2002 to 2005, would add 244,000 square feet and 400 new employees to the area” significantly understates the numbers proposed. 

In fact, the NEQSS Draft EIR (pages 2-25, 2-28 & 3.4-19), gives considerably higher numbers: approximately 360,000 square feet (i.e., 8-9 acres) and 544 new employees (by headcount).  

Moreover, the NEQSS projects are expected to draw some 895 existing employees from elsewhere on the UC Berkeley campus. What the Draft EIR doesn’t discuss is the “backfill” of additional employees who will eventually occupy those 895 newly empty spaces. 

Daniella Thompson 

Berkeley  

Cal men’s water polo team, currently ranked fifth in the country, chalked up it’s fifth win of the season and second in conference play today, soundly defeating tenth-ranked Pacific, in Spieker Aquatics Complex in Berkeley.  

Joe Kaiser and Mike West each scored two goals to lead the Bears (5-1, 2-1 MPSF), who never trailed after scoring the first goal less than two minutes into the game. Six other Cal players put up points against Pacific to ensure Cal’s second win over Pacific this season. The Bears’ goalie rotation of Tim Kates and Russell Bernstien went largely untested by the opposition, notching a mere three saves between them.  

While the Bears’ goalies were left alone, Eric Bahneman, the Tigers’ net-minder, faced 20 shots on the day, saving ten. Nic Hepner and Chris Nowak scored two each of Pacific in the losing effort.  

Cal’s next action comes at the NorCal Tournament, which will be played next weekend at Stanford.

Denisee Chabarria, 16, sat at home on a blue couch late last month with her 1-year-old son Randy in her lap, and tried to explain to him that they would be going to school together.  

“I don’t think he understands yet,” she said.  

Chabarria is one of 18 teenage mothers who returned to Berkeley High School this fall and dropped their babies off at the Vera Casey Center, the free childcare center nearby. While Randy is watched, Chabarria, who puts math at the top of her favorite subjects, is finishing school.  

Last year, 23 teenagers from Berkeley become mothers. Only 15 of them joined the Vera Casey Center.  

Although Chabarria is a mother, she’s also 16 and like other students, Chabarria, spent the days before school preparing her school bag, filling it with a new notebook, organizer, calculator and a funny, duck shaped pen.  

“I am excited to go back,” she laughed, unconcerned that her life in the studio apartment near the Ashby BART station is very different from other Berkeley High students.  

Chabarria became a mother when she was still a sophomore and she now lives with her boyfriend — Randy’s father, 29-year-old Ricardo. 

“I didn’t think twice when I found out I was pregnant,” she said. “I decided I want to keep my baby.”  

Ricardo accepted her decision, but her parents felt that their daughter, who excelled in math, was too young to become a mother.  

“My mom was mad,” she said. “We arrived from Mexico only four years ago and I did so well at school. She said, ‘now you are going to know what it is like to be responsible for someone else.’”  

She has, but she also stayed at school. When she was pregnant, she studied at home with the help of her math teacher and returned to school when Randy was eight months old.  

The Vera M. Casey Center, which enabled Chabarria to return to school, was established in 1972 as part of the school age parent infant development program. Last year, the center, which generally has 25 to 34 babies (not all of them teen's babies), joined the Cal Safe program, a state wide program.  

Cal Safe is designed to increase the availability of support services necessary for students who are pregnant or who already have children. Its programs aim to improve academic achievement and parenting skills and to provide a quality child care/development program for their children.  

“It appears there is an increase of teenage pregnancies this year but the mothers are at least older students,” said Greba Jackson, director of the center for the last 20 years.  

Jackson expects at least eight new teenage mothers in her program during the next few months.  

Dr. Jose Ducos, the epidemiologist with the Berkeley Public Health Department said the number of teenage mothers has actually dropped since 1990 when 58 Berkeley teenagers become mothers. The numbers include young women 19 and under, some of which have already left high school.  

Getting school work done and taking care of Randy are only part of the challenges Chabrria and her boyfriend face. The young couple pays $950 a month in rent and lives on what is left from the $1,400 Ricardo earns at a car wash in Oakland.  

“It is hard,” said Ricardo. “But we are doing fine.”  

At 7 a.m. on the first day of school, Chabarria, dressed in a violet outfit, and her son – in matching shirt and pants – were ready to go. Almost. Chabarria tried to give him a last minute bottle, but the boy refused. 

“I think he understands now,” Chabarria said.  

Half an hour later, Denisse’s mom, Leticia Chabarria, 34, picked mother and son up for a special, first-day-of school ride. The next day, Denisse will have to take the bus.  

When they arrived at Berkeley High, at least 10 other young mothers were there and the good-byes between child and mother were as full of tears and angst as they might be anywhere.  

But 10 minutes later, Chabarria and the other young moms joined the lines outside of Berkeley High gymnasium to get their schedules. And a few days later, both mothers and babies would be used to the new arrangement.  

“I felt so strange leaving my baby over there,” said Linda Elizabeth Gutierrez, a 17-year-old junior. “I am so used to having her with me all day long.”  

Between classes, Gutierrez returned to the center to hug her 6-month-old daughter.  

School does not scare Chabarria, who said that she got As in math and geometry last year, but she is concerned about getting her homework done.  

“Randy is already walking,” she said.  

While Jackson understands these fears, she’s not worried.  

“Those mothers are very dedicated to their studies,” she said. “I am sure they will finish high school.”  

“Not all the teenage mothers in Berkeley use this opportunity,” said Gutierrez. “It is sad, that other young mothers just stay at home and feel like their life is over. They should bring their kids to the center as well and finish high school.”  

Jackson said that the program is open to anyone 18 and under, even non-residents.  

The Vera Casey Center can be reached at 644-6954; “Nurse of the Day” — a free health information service is available at 644-6500.  

Editor: 

I was very glad to read of Councilmember Dona Spring’s commitment to affordable housing (in your article Oct. 5: “Plan calls for more housing....”) when she said, “It is my highest priority to provide affordable housing to people who are really struggling to get by.” I hope school teachers are included in the plan to build “deeply affordable housing,” as I am really struggling to get by as a teacher in Berkeley. Your article says that developers are encouraged to“set aside 20 per cent of their units to those who earn 80 percent of area’s average income.” 

Could you please specify what exactly is the “area’s average income?” 

What year and by whom was that calculated? The annual income figure that I have heard quoted in the past was not one that has been adjusted to accomodate the severe discrepancy between the going rate for decent,affordable housing, and the reality of an average net monthly income. 

Since I moved here three years ago, my rent on my apartment I recently had to vacate increased to $1,600 month, which was 60 percent of my net salary. The increase in rent from when I arrived was 140 percent, while my salary increased by only 11percent. 

Most landlords require that one’s rent should be one-third of one's net income. That would mean my rent should be $900/month. It takes only a glance at rental ads to see that that is way below the current market rate. Add to that expenses for children, student loans, and if there is only one wage-earner in a family, etc., and one quickly joins the ever growing pool of full time working people who are “really struggling to get by.” 

A realistic way to figure rental affordability, needs, etc., is to chart net monthly income and divide by three. It would be interesting to see how many full-time workers in a variety of Berkeley occupations, in addition to schoolteachers, fall into the need for affordable housing, who are currently shut out from assistance because of an unrealistically low income requirement, and a very expensive, inadequate housing supply. 

Anyone who has come to live and work in Berkeley since the end of rent control finds themselves in an economic situation where a disproportionate amount of one's salary is going towards rent. I have had to abandon my hope of ever being a house owner as a teacher, or even a house renter in Berkeley. 

I hope that Councilmember Spring, and the whole Berkeley City Council, will continue to work to provide affordable housing for all the workers in Berkeley who find themselves in need, and re-examine mathematically what is considered “low-income.” 

Susan Graubard Archuletta 

Berkeley

The Associated Press 

FREMONT — Residents of the nation’s largest Afghan community reacted to news of the bombings with a blend of joy and apprehension — Osama bin Laden is hated here, but many Afghan immigrants fear relatives in their homeland will suffer during the conflict to come. 

News of the bombings circulated quickly in “Little Kabul,” a strip of markets and restaurants that is the heart of Fremont’s Afghan community. It is named after the Afghan capital that was the first target of Sunday’s bombings by U.S. and British forces. 

“My reactions are good and bad,” said Homayoun Khamosh, owner of the Pamir Food Mart. “The good thing is I am happy they have started. And the bad thing is I don’t want civilians dead for nothing.”

SAN FRANCISCO – The $36,500 that John Reese earns annually checking and stocking groceries at an Albertson’s supermarket in San Jose makes him one of the best-paid retail clerks in the country. 

But Reese and thousands of other Northern California grocery store workers making similar money also live in one of the nation’s most expensive housing markets. 

“It’s so bad that some of my co-workers have used food stamps when they come through the checkout line,” said Reese, 35, who has worked at Albertson’s the past five years. “We don’t want to be greedy. We just want a chance to live the American dream.” 

Boise, Idaho-based Albertson’s Inc. and Pleasanton-based Safeway Inc. run Northern California’s two largest grocery chains. The companies say they can’t afford to pay store workers much more because they have to remain competitive with discount chains such as Costco, Wal-Mart and Target that are expanding their grocery businesses. 

The conflicting financial pressures facing the supermarket chains and their store employees could culminate in a strike as early as Monday. That’s when the labor unions representing 27,000 employees working in 294 Safeway and Albertson’s stores will announce the results of a vote on the “last, best” contract proposal from the grocers. 

The chains say they pay their San Francisco Bay area store workers an average of $15.50 per hour. That is 52 percent more than the average wage of $10.18 per hour paid to retail clerks in the region, according to 1999 estimates by the U.S. Bureau of Labor Statistics. 

“We have to take into account what our competitors pay,” said Safeway spokeswoman Debra Lambert. “We don’t want to expand that gap any more.” 

The companies are offering most workers a $1.50 per hour increase over three years. That translates into a 10 percent raise, based on the average wage of $15.50 per hour. The lowest-paid workers now start at $7.75 per hour while the top-paid workers, including Reese, receive $17.58 per hour. 

Seeking a raise of $2.40 per hour over three years, labor leaders recommend that workers reject the proposal. Management, meanwhile, is conducting interviews with potential replacement workers to ensure the stores will remain open if there is a strike. 

In complaints filed with the National Labor Relations Board and federal court, labor leaders and supermarket management have accused each other of unfair tactics during the voting process. 

A strike would be the first by Northern California grocery store workers since a nine-day walkout in 1995. A year ago, a 47-day strike at a Safeway’s Northern California grocery distribution center cost the company about $66 million in profits. 

The San Francisco Bay area’s astronomical housing prices are the main sticking point in the current dispute. Despite a deep slump in the technology industry, the area’s cost of living preoccupies almost everyone who didn’t cash in on the dot-com boom of the late 1990s. 

“The cost of living and doing business in the Bay Area is becoming a real competitive disadvantage,” said Tapan Munroe, chief economist for Applied Development Economics in Berkeley. 

Since the Northern California workers signed their last contract in 1997, the cost of a mid-priced home in the Bay Area has increased 66 percent to $476,000, according to the California Association of Realtors. During the same period, the average rent for a one-bedroom apartment climbed 53 percent to $1,449 per month, according to RealFacts, a Novato research firm. 

In a report released this month, the National Low Income Housing Coalition estimated that a full-time worker needs to make $33.60 per hour — nearly $70,000 annually — to afford the rent on a two-bedroom apartment in the San Francisco metropolitan area. The supermarket chains say their offers already factor in Northern California’s housing costs. That’s why Safeway’s Northern California workers make about 5 percent more than their Southern California counterparts and as much as 50 percent more than the workers at some of the chain’s other stores, Lambert said. Safeway operates 1,759 stores in 20 states and the District of Columbia. 

Earlier this year, store workers in Sacramento accepted a nearly identical offer now on the table in the San Francisco Bay area. A one-bedroom apartment in Sacramento — roughly 90 miles from San Francisco — rents for an average of $707 per month, a 34 percent increase from 1997, according to RealFacts. 

Labor leaders argue that the supermarket chains are making more than enough money to help San Francisco Bay area workers defray the region’s high costs. 

Through the first nine months of its current fiscal year, Safeway made $900 million, a 14 percent increase from the same time last year. Excluding one-time charges and expenses related to its $9.1 billion takeover of American Stores in 1999, Albertson’s posted a $370 million profit during the first half of its fiscal year ended Aug. 2 — a 15 percent decrease from last year.

About 150 people attended the Vista Community College Teach In on Friday that provided alternative perspectives of the events of Sept. 11 as well as better understanding of potential impacts of any future U.S. military actions. 

“As an education community we need to respond to the events of Sept. 11 by providing information that will allow people to think critically and to start dialogue where people with different perspectives can be heard,” said Joan Berezin, a Vista history instructor who was an organizer of the event. “Most importantly we need to take a stand against racism and intolerance and do what we can to build a hate-free community.” 

Vista, which is one of four community colleges in the Peralta Community College District, began organizing the event, entitled Teach In, Speak Out, three days after the Sept. 11 terrorist attacks in New York, Virginia and Pennsylvania. The Teach In was open to the public but was primarily attended by Vista students. 

An impressive list of 21 speakers – including Vista instructors, civil rights attorneys, journalists and authors – were scheduled to speak at the Teach In which began at 2 p.m. and was scheduled to end at 10 p.m. Food Not Bombs provided participants with a free dinner. 

Speakers covered a wide range of issues related to the attacks, including how civil liberties might be affected, the threat to immigrants’ rights and a historical perspective of Afghanistan and its ruling government, the Taliban. 

History and political science teacher Michael Mills said it’s important for people to attempt to understand the mindset of Middle Eastern countries and their relationship with the United States. He said Americans should try to understand why some Arab nations are reluctant to support the United States as it prepares to take military action against Osama bin Laden and possibly the Taliban. 

“We often think that as Americans our needs or interests are paramount,” Mills said. “We tend to discount that these countries have needs as well.” 

Mills added that the relationship between Arab states and the United States has often been characterized by tension because of different perspectives of history. 

Philosophy and Religion Instructor Kyle Dupen explained to a standing-room-only crowd the origins, tenets and practices of the Islam faith. Much of his talk was geared toward dispelling myths and misunderstandings about the widely practiced religion. 

“Many people believe that Muslim is synonymous with Arab,” he said. “The origins of Islam come from the Arabic culture but in fact, it is practiced by millions of people, many who are not Arabic.” 

Dennis Bernstein, journalist and host of the KPFA program Flashpoints, was scheduled to discuss how the media is demonizing South East Asians and the poor media coverage of Afghanistan, Pakistan and Tajikistan. 

“I will also be talking about the question that mainstream media refuses to ask, which is ‘why did this happen?’” he said Friday morning before his talk at the Teach In. “People should pursue alternative sources of information so they have the broadest perspective possible.” 

Bernstein said some good alternative publications are The Progressive, The Nation and In These Times. He added that if readers prefer mainstream news sources such as the New York Times, they should also read the London Independent to add a European perspective. 

Among handouts given to participants was a list of standards to non-credible information sources on the Web. The handout advised Web surfers to pay attention to the background of Web authors, to make sure the site contained contact information such as an e-mail or regular mail addresses or phone numbers. In addition any organizations connected to Web stories should be credible. 

Vista student Erin Palmquist, said the most important thing that people could take away from the Teach In will be tolerance. 

“The main thing that should be accomplished today is a hate-free environment at Vista College,” she said.

Saturday, Oct. 6

Free Sailboat Rides  

1 - 4 p.m. 

Cal Sailing Club 

Berkeley Marina 

The Cal Sailing Club, a nonprofit sailing and windsurfing cooperative, gives free rides on a first come, first served basis on the first full weekend of each month. Wear warm clothes and bring a change of clothes in case you get wet. Children must be at least 5 years old and must be accompanied by an adult. Visit www.cal-sailing.org  

Fire Suppression 

9 a.m. - noon 

Office of Emergency Services 

997 Cedar St. 

Free classes in Community Emergency Response Training (CERT). 981-5605 www.ci.berkeley.ca.us 

Poetry Reading 

3 - 5 p.m. 

South Branch Berkeley Public Library 

1901 Russell St. 

Bay Area Poets Coalition holds an open reading. 527-9905 

Sunday, Oct. 7

Animal Blessings 

10 a.m. 

All Souls Episcopal Parish 

2220 Cedar St. 

Celebration of the Feast of St. Francis allows pets to gather in the courtyard. Following the service, the public is invited for refreshments and a children’s zoo with a pony, chickens, rabbits and ferrets in the courtyard. 

West Berkeley Market 

11 a.m. - 5 p.m. 

University Avenue, between Third and Fourth Streets  

Family-oriented weekly market. Crafts, music, produce and specialty foods. 654-6346 

Forum for Latino Community with Superintendent 

4 - 6 p.m. 

Rosa Parks Elementary 

920 Allston Way 

A chance for the Latino community to meet the new superintendent of schools. 524-7300 

Monday, Oct. 8

Rite of Christian Initiation for Adults Inquiry Program 

7:30 p.m. 

St. Mary Magdalen Parish 

2005 Berryman St. 

A program to learn everything you wanted to know about the Catholic Church but never had the chance to ask. 526-4811 

Franciscanism, Understanding the Vision 

1 - 2 p.m. 

Franciscan School of Theology 

1712 Euclid Ave. 

Graduate Theological Union presents seminar exploring the lives, times and writings of and about Francis and Clare of Assisi.  

848-5232 

Tuesday, Oct. 9

Berkeley Farmers’ Market 

2-7 p.m. 

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

548-3333 

Berkeley Camera Club 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share your slides and prints with other photographers. Critiques by qualified judges. Monthly field trips.  

531-8664 

Free Early Music Group 

10 - 11:30 a.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Small group sings madrigals and other voice harmony every Tuesday.  

655-8863 

Town Hall Meeting 

4 - 6 p.m. 

South Berkeley Senior Center 

2939 Ellis St. 

The Affordable Housing Advocacy Project presents a discussion on the Berkeley Housing Authority Howmeownership Program.  

548-5803 

Wednesday, Oct. 10

PRC Meeting 

The meeting of the Police Review Commission scheduled for Oct. 10 has been canceled. Regular PRC meetings will resume on Oct. 24. 

Amendment to Zoning  

Ordinance Meeting 

7 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

The Planning Commission will consider an amendment to the zoning ordinance to prohibit the conversions of existing building space from any other use to office use and the development of new office uses of 5000 square feet or more in the mixed use-light industrial zoning district. 

Toddler Storytime 

7 p.m. 

West Berkeley Library 

1125 University Ave. 

For families with children three years or younger, a program to expose the youngest readers to multicultural stories, songs and finger plays. Every Wednesday through Nov. 28. 

Prose Writers’ Workshop 

7 - 9 p.m. 

Berkeley/Richmond Jewish Community Center Library 

1414 Walnut St.  

From op-ed to fiction, memoir to the feature article - a community 

writers' group to support and encourage a community of interests. Workshop format. Free.  

524-3034 

Thursday, Oct. 11

Community Health Commission Meeting 

6:45 p.m. - 9:30 p.m. 

South Berkeley Senior Center 

2939 Ellis St. 

Commissioners will brainstorm to determine major issues of concern regarding Alta Bates. 644-6109 

Between 1895 and 1915 Berkeley established itself as a city with a distinctive architectural character. As Mission Revival is to Santa Barbara, and Pueblo Style is to Santa Fe, in the early decades of the 20th century, unpainted wood shingles were identified with Berkeley.  

The use of unpainted wood shingles as exterior siding was Berkeley’s most popular means of expressing the philosophy of the American Arts and Crafts Movement. Although other exterior siding materials were also used, they were used less frequently. A simple design, which blended with nature was advocated by the Hillside Club and became so popular that Berkeley became known as a city of brown-shingled buildings.  

The Hillside Club was the principle force in spreading the philosophy of the Arts and Crafts Movement in Berkeley. It was formed in 1898 by the wives of architects Bernard Maybeck, Almeric Coxhead and John Galen Howard, developer Frank M. Wilson, photographer Oscar Maurer and Charles Keeler to “encourage artistic homes built of materials complementing the natural beauty of the Berkeley Hills.” In 1902 the men were invited to join the club to lend political clout to the woman’s cause. Charles Keeler, a naturalist, writer and poet, became its spokesman, advocating an artistic and spiritual life-style lived in a “simple home” which he described in his book The Simple Home, published in 1904.  

The large three-story brown shingle home at 1820 Scenic Ave. was built for the university’s eighth president Benjamin Ide Wheeler in 1900 and designed by Edgar A. Mathews. University benefactor Phoebe Apperson Hearst built her home and a reception hall next door; all three houses survived the 1923 fire and are still standing.  

When Wheeler moved into the new president’s house on campus in 1911, he sold the house to Edgar Bradley, who hired Lewis Hobart (architect of the Steinhardt Aquarium and Grace Cathedral in San Francisco) to remodel the structure.  

The house has grand proportions with a hipped-roof dormer in the center, classic details, and an elegant portico. The garden, also designed by Hobart, was behind the brick wall to the south; it is now a school playground, but still has a woodsy garden-like atmosphere. The tall old palm trees that line Scenic Avenue in front of the house can be seen from many locations in Berkeley.  

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

Editor: 

Regarding: “Hospital chief: Alta Bates not a public service” Oct. 1. 

Overall and in conclusion what health care needs in the East Bay, specifically at both Alta Bates and Summit Medical Centers, is not Corporate Warren Kirk…but Star Ship Captain James T. Kirk - a man who will boldly go where no corporate person will ever go: seeking out new perspectives and new ways of speaking, and exploring strange new ways of financial thinking, by cutting out excessive executive pay and management performance bonuses from the top on down to service-line and department managers, then analyzing the financial bottom line. 

Rob Valentine 

Berkeley

Three thousand miles away from the smoldering ruins that were once the World Trade Center, and the talk of war and terrorism in Washington, DC, Bay Area poet, Ishmael Reed, reminded a rapt Berkeley audience on Thursday that even in a time of crisis, it is OK to laugh at political absurdity.  

Reed, this month’s featured poet at UC Berkeley’s lunchtime poetry series, read to the standing-room only crowd from his most recent collection, The Reed Reader, and shared an as yet unpublished piece, “America Unite,” written in the immediate aftermath of the Sept. 11 terrorist attacks.  

The poem lampooned media pundits, politicians, capitalists and flag waving, describing New York Mayor Rudy Guiliani as the “king of racial profilers” and poking fun at the constant renaming of the U.S. plan for military retaliation.  

“I thought it was an amazing poem,” said Zack Rogow, who organizes the monthly poetry series. “It’s a very tough thing to say at this time because there’s a lot of pressure to just kind of fall into line with what’s happening politically. I think that was a very brave and thoughtful poem.”  

Reed, who lives in Oakland and has taught in the English department at UC Berkeley for 20 years, was born in Chattanooga, Tennessee and raised in Buffalo, New York. He has written novels, poetry, essays, plays and songs and is well-known for his commentary on racial politics in America. 

After the reading, as Reed sat in a blue armchair next to the podium, he explained that he wrote “America Unite” to add a black voice to the discourse that has followed the terrorist attacks, something he said has been missing. 

“The images we see of African Americans are nurturing, hugging people and singing. We’re sort of like the station break stuff after the serious conversation of the wealthy white men who got us into this situation in the first place.”  

The poetry reading delighted long-time fan Suzanne Morse, a visiting UC faculty member from Bal Harbor, Maine. “I’ve heard of him for years and years,” said Morse. “What I am impressed by is his ability to walk into any situation and be very frank to whoever is there and not just taking one position or side.”  

Reed’s other poems addressed the black experience in America, including one about an aging couple in his Oakland neighborhood who could not afford proper medical care, and another about the closing of bank branches that serve black neighborhoods. He said that government moves to tighten security and expand surveillance in the wake of the terrorist attacks may be the first inkling most Americans have of what it is like to be black in the United States.  

“(Blacks) have a different point of view,” said Reed. “Somebody from the Chicago Tribune called me up and asked me if I thought there would be a tightening on civil liberties. I said, well, you know, we’ve been living in a police state for 300 years, it’s nothing new for us, so get used to it.” 

Three thousand miles away from the smoldering ruins that were once the World Trade Center, and the talk of war and terrorism in Washington, DC, Bay Area poet, Ishmael Reed, reminded a rapt Berkeley audience on Thursday that even in a time of crisis, it is OK to laugh at political absurdity.  

Reed, this month’s featured poet at UC Berkeley’s lunchtime poetry series, read to the standing-room only crowd from his most recent collection, The Reed Reader, and shared an as yet unpublished piece, “America Unite,” written in the immediate aftermath of the Sept. 11 terrorist attacks.  

The poem lampooned media pundits, politicians, capitalists and flag waving, describing New York Mayor Rudy Guiliani as the “king of racial profilers” and poking fun at the constant renaming of the U.S. plan for military retaliation.  

“I thought it was an amazing poem,” said Zack Rogow, who organizes the monthly poetry series. “It’s a very tough thing to say at this time because there’s a lot of pressure to just kind of fall into line with what’s happening politically. I think that was a very brave and thoughtful poem.”  

Reed, who lives in Oakland and has taught in the English department at UC Berkeley for 20 years, was born in Chattanooga, Tennessee and raised in Buffalo, New York. He has written novels, poetry, essays, plays and songs and is well-known for his commentary on racial politics in America. 

After the reading, as Reed sat in a blue armchair next to the podium, he explained that he wrote “America Unite” to add a black voice to the discourse that has followed the terrorist attacks, something he said has been missing. 

“The images we see of African Americans are nurturing, hugging people and singing. We’re sort of like the station break stuff after the serious conversation of the wealthy white men who got us into this situation in the first place.”  

The poetry reading delighted long-time fan Suzanne Morse, a visiting UC faculty member from Bal Harbor, Maine. “I’ve heard of him for years and years,” said Morse. “What I am impressed by is his ability to walk into any situation and be very frank to whoever is there and not just taking one position or side.”  

Reed’s other poems addressed the black experience in America, including one about an aging couple in his Oakland neighborhood who could not afford proper medical care, and another about the closing of bank branches that serve black neighborhoods. He said that government moves to tighten security and expand surveillance in the wake of the terrorist attacks may be the first inkling most Americans have of what it is like to be black in the United States.  

“(Blacks) have a different point of view,” said Reed. “Somebody from the Chicago Tribune called me up and asked me if I thought there would be a tightening on civil liberties. I said, well, you know, we’ve been living in a police state for 300 years, it’s nothing new for us, so get used to it.” 

924 Gilman Street Oct 6: Tight Brothers from Way Back When, Smash Your Face, Cherry Valence, Bare Bones; Oct 12: One Line Drawing, Funeral Dinner, Diefenbaker, Till 7 Years Pass Over Him; Oct 13: Dead and Gone, Cattle Decapitation, Vulgar Pigeons, Wormwood, Antagony; Most shows are $5 and start at 8 p.m. unless otherwise noted. 

Anna’s Oct. 6: Ed Reed, 10 p.m. The Distones Jazz Sextet; Oct. 7: Danubius; Oct. 8: Renegade Sidemen, Calvin Keyes; Oct. 9: Open Mic; All shows begin at 8 p.m. 1801 University Ave. 849-ANNA www.annasbistro.com 

Ashkenaz Oct. 6: 9 p.m. Tom Rigney and Flambeau, $11; Oct. 7: 7 p.m. Singer/Songwriter Showcase, $6-8; Oct 10: Billy Dunn & Bluesway; Oct 11: Greaful Dead DJ Night; Oct 12: Sambo NGO; Oct 13: Clinton Fearon, Dub Congress; Oct 14: Open Stage; Oct 16: Danubias; Oct 17: Cajun Cayotes; Oct 18: Greatful Dean DJ Night; Oct 19: Swing Session 1317 San Pablo Ave. 525-5054 www.ashkenaz.com 

Café de la Paz Poetry Nitro, performance showcase with open mike. All shows free, 7 - 10 p.m. 

Cal Performances Oct. 12 - 14: Fri. and Sat., 8:00 p.m., Sun. 3 p.m. Ballet Nacional De Cuba, $24 - $46; Oct. 17 and 18: 8 p.m. Cesaria Evora, $24 - $36; Oct. 19: 8 p.m. Karnak, $18 - $30. Zellerbach Hall, UC Berkeley Campus, Bancroft Way at Telegraph, 642-0212, tickets@calperfs.berkeley.edu 

Eli’s Mile High Club every Friday, 10 p.m. Funky Fridays Conscious Dance Party with KPFA DJs Splif Skankin and Funky Man. $10; Doors open at 8 p.m. unless noted. 3629 Martin Luther King Jr. Way, Oakland. 655-6661 

Freight & Salvage Oct 6: The Limeliters; Oct 7: Eddie From Ohio; Oct 8: All Nation Singers, Walter Ogi Johnson, Thunder; All shows start at 8 p.m. 1111 Addison St. 548-1761 www.freightandsalvage.com 

Jupiter Oct. 6: Crowsong; Oct. 9: Hydeus Kiatta Trio; Oct. 10: Cannonball with DJ Aspect; Oct. 11: Beatdown with DJ’s Delon, Yamu, and Add1; Oct. 12: Japonize Elephants; Oct. 13: J Dogs; All music starts at 8:00 p.m. 2181 Shattuck Ave. 843-7625 www.jupiterbeer.com  

La Peña Cultural Center Oct 6: 10:30 a.m. Gary Lapow, $4 Adults, $3 Children; Oct 13: 10:30 a.m. Derique- the high tech clown, $4 Adults, $3 Children; 3105 Shattuck Ave. 849-2568 www.lapena.org 

Live Oak Concerts Oct. 7: Tom Rose and Miles Graber; Oct. 14: A Harvest of Song, an evening of premiers of works, $8-10. Both shows start at 7:30 p.m. Berkeley Art Center, 1275 Walnut St.  

“The Complete Shostakovich String Quartets--Part One” Oct. 20: 10 a.m. Quartets V & VI. Performed by the prize-winning Alexander String Quartet with Robert Greenberg, $ 30. Julia Morgan Center for the Arts 2640 College Ave.  

845-8542 www.juliamorgan.org. 

Laszlo Varga & Friends Oct. 7: 4 p.m. Solo cello and chamber music. $10 general admission. Free under 18 and cellists. The Crowden School, 1475 Rose St., 559-6910 

Rebecca Riots Oct. 12: 7:30 p.m. $20-$23. Montclair Women’s Cultural Arts Club, 1650 Mountain Blvd., Oakland. 339-1832 

Synchronicity Oct. 14: 2 p.m. Piano and percussion duo fuses classical and jazz music into a visual experience. $10 adult, $5 child. Julia Morgan Center for the Arts, 2640 College Ave. 845-8542 www.juliamorgan.org 

Shafqat Ali Khan Oct. 20: 8 p.m. Concert of classical Ragaa, Sufi, Urdu, Persian Ghazel, and other popular musical styles from India. $20 general admission, $15 students. Julia Morgan Center for the Arts, 2640 College Ave. 845-8542 www.juliamorgan.org 

“Murder Dressed in Satin” by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland. 239-2252 www.acteva.com/go/havefun 

“Twelfth Night” through Oct. 7, Tue. - Thurs. 7:30 p.m., Fri. & Sat. 8 p.m., Sun. 4 p.m. California Shakespeare Festival presents William Shakespeare’s comic tale of romance, loneliness, love and glory. Directed by Jonathan Moscone. $12 - $41. Bruns Memorial Amphitheater, Highway 24, Gateway Exit, one mile east of the Caldecott Tunnel. 548-9666 www.calshakes.org 

“Swanwhite” through Oct. 21: Thur. - Sat., 8 p.m., Sun. 7 p.m. A new translation of the Swedish Play that asks the question what good is romantic love, directed by Tom Clyde. $20, Sundays are “Pay What You Can.” Transparent Theater, 1901 Ashby Ave. 883-0305, www.virtuous.com 

“Orestes” through Oct. 21: Fri. - Sat., 8 p.m., Sun. 2 p.m. An adaptation of the classical play by Euripides that incorporates passages inspired or taken from various 20th century texts. Written by Charles Mee, directed by Christopher Herold. $6-$12. Zellerbach Playhouse on the UC Berkeley campus, 642-8268. 

“Approach” through Oct. 27: Thur. - Sat., 8 p.m. An examination of the search for intimacy as our most precious form of survival. Written by Susan Wiegand, directed by Katie Bales Frassinelli. $15 general admission, $10 students and seniors. Eighth Street Studio Theatre, 2525 8th St. 655-0813 www.shotgunplayers.org 

“36 Views” through Oct. 28: Tues. 8 p.m., Wed. 7 p.m., Thu. 8 p.m. w/ 2 p.m. matinee every other Thu., Fri. 8 p.m., Sat. 8 p.m. w/ 2 p.m. matinee every other Sat., Sun. 2 p.m., 8 p.m. Written by Naomi Lizuka, directed by Mark Wing-Davey. $10 - $54. Berkeley Repertory’s Roda Theatre, 2015 Addison St. 647-2949  

www.berkeleyrep.org 

Fine Arts Cinema through Oct. 9 “Battleship Potemkin,” directed by Sergei Eisenstein; 2451 Shattuck Ave 848-1143 

“Lisa Picard is Famous” Oct. 12-19: Mockumentary chronicles New York actress who hopes to get more than a fleeting taste of fame when a racy cereal commercial brings her unexpected national notoriety. Shattuck Cinemas, 2230 Shattuck Ave. 843-3456 

“Inside Editions” through Oct. 12: Nine printmakers exhibit their work. 10 a.m. - 5 p.m. Tue. - Fri. Free. Kala Art Insitute, 1060 Heinz Ave. 549-2977 kala@kala.org 

“Census 2000: Asian Pacific Islander Americans” through Oct. 13; Wed. - Sat. 11 a.m. - 5 p.m.; Asian Pacific Islander American artists in roughly the demographic proportions indicated by the recent census. Free. Pro Arts, 461 Ninth St., Oakland 763-9470  

“MWP Perspectives” Jon Orvik: One artist’s journey. Through Oct. 27 Tues. - Fri. 12 - 5 p.m., Sat. & Sun. 12 - 4 p.m. Solo artist exhibiting his journey through metal, wood and paint. Adapt Gallery and Design, 2834 College Ave. 649-8501  

www.adaptgallery.com  

“50 Years of Photography in Japan 1951 - 2001” through Nov. 5: An exhibition from The Yomiuri Shimbun, the world’s largest daily newspaper with a national morning circulation of 10,300,000. Photographs of work, love, community, culture and disasters of Japan as seen by Japanese news photographers. Opening Reception Sept. 5: 6 - 8 p.m. open to the public; Mon. - Fri. 8 a.m. - 6 p.m. U.C. Berkeley, Graduate School of Journalism, North Gate Hall, Hearst and Euclid. Free. 642-3383 

“Jesus, This is Your Life - Stories and Pictures by Kids” Through Nov. 16: California children, ages four through twelve, from diverse backgrounds present original artwork, accompanied by a story written by the artist. Mon. - Thur. 8:30 a.m. -10 p.m., Fri. 8:30 a.m. - 6 p.m., Sat. 10 a.m. - 6 p.m., Sun. 12 p.m. - 7 p.m. Flora Lamson Hewlett Library, 2400 Ridge Rd. 649-2541. 

“Changing the World, Building New Lives: 1970s photographs of Lesbians, Feminists, Union Women, Disability Activists and their Supporters” Sept. 15 through Nov. 17: An exhibit of black and white photographs by Oakland photographer Cathy Cade, who captured the interrelationships of the different struggles for justice and social change. Opening reception Sept. 15, 5 - 8 p.m. Gallery Hours, Mon. - Fri. 8:30 a.m. - 6:30 p.m., Sat. 9 a.m. - 3 p.m. Photolab Gallery, 2235 Fifth St. Free. 644-1400 cathycade@mindspring.com 

“The Whole World’s Watching: Peace and Social Justice Movements of the 1960s and 1970s” Sept. 16 through Dec. 16: A documentary photo exhibition which examines the rich history of the social movements of the 1960’s and 1970’s. Wed. - Sun., noon - 5 p.m. Berkeley Art Center, 1275 Walnut St., Live Oak Park. Free. 644-6893 

“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 Botticelli’s “Primavera” Ongoing. Call ahead for hours. Atelier 9 2028 Ninth St. (at Addison) 841-4210 or visit www.atelier9.com 

Readings 

Boadecia’s Books Sept. 21: Deborah Kesten, “The Healing Secrets of Food;” Sept. 22: A special All Poetry Dyke Open Myke, to participate call 655-1015 or feroniawolf@yahoo.com; Sept 28: The Return of Gaymes Night; Sept 29: Ellen Samuels and other contributors to “Out of the Ordinary: Essays on Growing Up with Gay, Lesbian & Transgender Parents”; Oct. 5: Mark Pritchard reads from “How I Adore You”; Oct 6: Terry Ryan reads from “The Prize Winner of Defiance, Ohio: How My Mother Raised 10 Kids on 25 words or Less”; Oct. 12: Susan Gaines reads from her novel “Carbon Dream”; Oct. 18: Patricia Nell Warren reads from her novel “The Wild Man”, Oct. 22: J.M. Redmann reads from “Death By the Riverside”; All events start at 7:30 p.m. unless noted otherwise. All events are free. 398 Colusa Ave. 559-9184 www.bookpride.com 

Cody’s on 4th Street Sept. 20: 7 p.m. Jamie Oliver, The Naked Chef, “The Naked Chef Takes Off”; Sept. 22: 10:30 a.m. Cody’s for Kids, Walter the Giant Storyteller; Sept. 25: 7 p.m. Nancy London has been cancelled; Oct 5: 7 p.m. Glen Davis Gold reads from “Carter Beats the Devil”; Oct 12: Cody’s For Kids- Rosemary Wells and Bunny Party; Harruet Lerber surveys “The Dance of Connection: how to Talk to Someone When You’re Mad, Hurt, Scard, Frustrated, Insulted Betrayed or Desperate; Michael Chabon talks about The Amazing Adventures of Kavalier & Clay; Studs Terkel reads from “Will the Circle be Unbroken? Reflections on Death, Rebirth, and hunger for Faith; Oct 18: Tamora Pierce talks about “Protector of the Small”; 1730 Fourth St. 559-9500 

Cody’s on Telegraph Ave. Sept. 17: Aldo Alvarez describes “Interesting Monsters”; Sept. 18: Clarence Walker discusses “We Can’t Go Home Again: An Argument About Afrocentrism; Sept. 19: Douglas Coupland reads “All Families Are Psychotic”; Sept. 24: Theodore Roszak discusses “Longevity Revolution: As Boomers Become Elders”; Sept. 25: Ken Croswell discusses “The Universe At Midnight: New Discoveries Illuminate the Hidden Cosmos” with a slide show presentation; Sept. 27: Bill Ayers talks about “Fugitive Days”; Oct 1: Urdsula K. Le guin reads from “The Other Wind”; Oct 2: Jonathan Franzen reads from “The Corrections”; Oct 4: Eric Seaborg looks at “Adventures in the Atomic Age: From Watts to Washington”; Oct 5: Victor Villasenor reads from “Thirteen Senses”; Oct 9: Christine Finn describes “Artifacts: An Archaeologis’s Year in Silicon Valley”; Oct 12: Elizabeth Royte examines “The Tapir’s Morning Bath: Solving the Mysteries of the Tropical Rainforest”; Oct 15: Amir Aczel poses The Riddle of the Compass: The Invention That Changed the World; Oct 16: Kip Fulbeck talks about “Paper Bullets”; Oct 18: Suzanne Antoneta & micah Perks talk about “Body Toxic: An Environmental Memoir” and “Pagan Time: An American Childhood; All shows at 7:30 p.m.; 2454 Telegraph Ave. 845-7852 

Cody’s Other Venues - Sept. 20: 7:30 p.m. Cody’s presents an evening with Margaret Atwood in conversation with professor Robert Alter. $12. First Congregational Church 2345 Channing Way; Sept. 28: 7:30 p.m. Cody’s presents a Community Forum on Race and the Achievement Gap at Berkeley High School. Little Theater, Berkeley High School; Oct 7: 7 p.m. Coleman Barks- The Soul of Rumi First Congregational Church of Berkeley 2345 Dana 

Coffee Mill Poetry Series Oct. 16: 7 - 9 p.m. Steve Arntsen and Kathleen Dunbar followed by open mike reading. 3363 Grand Ave., Oakland 465-3935 ksdgk@earthlink.net 

Eastwind Books of Berkeley Sept. 29: 7 p.m. Kip Fulbeck reads from his first novel, “Paper Bullets”; Oct. 13: Leonard Chang reads from “Over the Shoulder”; Oct. 20: Miriam Ching Louie reads from “Sweatshop Warriors: Immigrant Women Workers Take on the Global Factory”; 2066 University Ave. 548-2350 

Easy Going Travel Shop & Bookstore Sept. 20: 7:30 p.m. Antarctica & The Nature of Penguins, An evening with Jonathan Chester; Oct 2: 7:30 p.m. “Dancing with the Witchdoctor: One Woman’s Adventure in Africa” by Kelly James. 1385 Shattuck Ave. 843-3533 

Lunch Poems reading Series Oct 4: 12:10 p.m. Ishmael Reed; Morrison Libary in Doe Library at UC Berkeley. Free 642-0137 http://www.berkeley.edu/calendar/events/poems/ 

Spasso Sept. 10: Sharron Jones-Reid, Fruit of the Spirit poets, acoustic musicians, comedians, rappers, performance artists, writers. All welcome. 6021 College Ave. Free admission. 

Michael Parentini Oct 4: 7:30 p.m. Discusses and signs copies of his latest book “To Kill a Nation” at Niebyl-Proctor Marxist Library 6501 Telegraph Ave 595-7417 

Oct 10: 7:30 p.m. Lucille Bellucci, authorof “The Year of the Rat” visits Barnes & Noble Booksellers. 2352 Shattuck Ave 

Susan Griffin Oct. 12: 7 - 10 p.m. Presents slide show and discusses her latest book “The Book of Courtesans: A Catalogue of Their Virtues”. $10 refundable with book purchase. Gaia Arts and Cultural Center, 2116 Allston Way 848-4242  

Tours 

Lawrence Berkeley National Laboratory Fridays 9:30 - 11:45 a.m. or by appointment. Call ahead to make reservations. Free. University of California, Berkeley. 486-4387 

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  

Museums 

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  

UC Berkeley Museum of Paleontology Lobby, Valley Life Sciences Building, UC Berkeley “Tyrannosaurus Rex,” ongoing. A 20 foot 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 will close its exhibition galleries for renovation. It will reopen in early 2002. On View until Oct. 1 : “Ishi and the Invention of Yahi Culture.” “Sites Along the Nile: Rescuing Ancient Egypt.” “The Art of Research: Nelson Graburn and the Aesthetics of Inuit Sculpture.” “Tzintzuntzan, Mexico: Photographs by George Foster.” $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 Avenue. 643-7648 or www.qal.berkeley.edu/~hearst/ 

University of California Berkeley Art Museum Pacific Film Archive has reopened after its summer-long seismic retrofit. “Martin Puryear: Sculpture of the 1990s” through Jan. 13; “The Dream of the Audience: Theresa Hak Kyung Cha (1951 - 1982)” through Dec. 16; “Face of Buddha: Sculpture from India, China, Japan, and Southeast Asia” ongoing rotation through 2003; “Matrix 194: Jessica Bronson, Heaps, layers, and curls” Sept. 16 through Nov. 11; “Matrix 192: Ceal Floyer 37’4”” Sept. 16 through Nov. 11; Wed., Fri., Sat., Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m., PFA Theater, 2575 Bancroft Way; Museum Galleries 2626 Bancroft Way; 642-0808 www.bampfa.berkeley.edu 

Lawrence Hall of Science “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. Space Weather Exhibit now - Sept. 2; now - Sept. 9 Science in Toyland; 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  

Oakland Museum of California “Half Past Autumn: The Art of Gordon Parks,” through Sept. 23; Wednesday - Saturday, 10 a.m. - 5 p.m., Sunday, noon - 5 p.m., Closed Monday and Tuesday. $6 general; $4 youths (6-17), seniors and students with ID. Free for museum members and children 5 and under. Free admission the second Sunday of the month. 10th & Oak streets, Oakland. 238-2200 www.museum.org 

Send arts events two weeks in advance to Calendar@berkeleydailyplanet.net, 2076 University, Berkeley 94704 or fax to 841-5694.

Cal women’s soccer head coach Kevin Boyd wants his team to be the best in the country. But on Friday afternoon, they weren’t even the best in the county. 

No. 21 St. Mary’s of Moraga came into Edwards Stadium with an upset on their minds, and that’s just what they got when Gael forward Jennifer Barbera scored a goal in the first minute of sudden-death overtime to win the game, 1-0. 

“This is a huge win for us,” St. Mary’s head coach Paul Ratcliffe said. “We’re so close, we have a natural rivalry, and we’re just trying to catch up with them and stay close.” 

The game’s only goal came when St. Mary’s forward Lucianna Crenshaw slid the ball across to Barbera at the top of the box. Barbera lofted her shot over Cal goalkeeper Mallory Moser and off of the inside of the left post. 

The sixth-ranked Bears (8-2) lost despite a scintillating second-half stretch of play during which they had a penalty shot and three breakaways. Cal striker Laura Schott kicked off the run with a beautiful through ball for midfielder Kim Yokers, but St. Mary’s goalkeeper Ruth Montgomery came off of her line and blocked Yokers’ shot with her trailing leg.  

After two nice counter-attacks by the Gaels (9-0-1), Yokers returned the favor, putting Schott through one-on-one with Montgomery. Schott pushed the ball past the sliding keeper at the top of the box, and Montgomery took the All-America junior down for a penalty kick. But Schott, who scored on a PK a week ago against Fresno State, only put the ball two yards to Montgomery’s left, and the keeper deflected the ball outside the post. 

Minutes later, freshman sensation Kacy Hornor slid the ball across the box for midfielder Brittany Kirk, but Kirk put her one-time shot wide of the goal. Kirk then put Hornor through right down the middle, but Montgomery again came up huge, coming off her line hard and blocking Hornor’s shot. 

“We should’ve put the game away right there in the second half,” Cal head coach Kevin Boyd said. “The keeper made some good saves, but when you’ve got a one-on-one you have to put it away.” 

The Bears were never able to get into their usual style of possessing the ball in back and building an attack, instead resorting to hitting ball after ball up long up the middle. St. Mary’s midfielder Katie Sticinski dominated the middle, distributing the ball and bottling up Cal’s Brittany Kirk, one of the key play-makers for the Bears. Up front, freshman Katie Frattone and sophomore Lucianne Crenshaw made things hard on the Cal defenders, refusing to back off and let the Bears play the ball to each other with ease. 

“(St. Mary’s) played very hard today, maybe harder than us,” Boyd said. “This was certainly a chance for them to prove they should be getting recognition.”

The owners of the Berkeley Motel, who wish to replace their small building with a three-story hotel, received rough treatment at the hands of the Zoning Adjustments Board Thursday night. 

Sudha Patel, who has owned the little motel at 2001 Bancroft Way for over 20 years, has submitted plans to demolish the motel, which was built in 1925, and construct a 30-unit hotel with retail space on the side of the building that fronts Milvia Street. 

The city’s Design Review Committee had approved architect Kava Massih’s drawings for the proposed new building on Sept. 20. Nevertheless, the ZAB, on which two interim members sat Thursday evening, called several aspects of the design “inadequate,” and sent the plan back to the DRC for the third time. 

The motel is located across the street from Berkeley High School, and is at the southwest corner of the giant “Library Gardens” project, which appears to be headed for easy approval at the ZAB’s next meeting on Oct. 11. 

Paul Schwartz, a Berkeley attorney whom Mayor Shirley Dean has appointed to the ZAB on a temporary basis, while board member Rosemarie Pietras is on leave, called the proposed motel “ugly.” 

“Berkeley deserves better,” he said. 

Patel and Massih had asked the ZAB for a permit to place the new building right up against the sidewalk, with no “setback” from pedestrian traffic as is often required in residential areas. Many ZAB members voiced their concern about the effect on pedestrians of a building not set back on that corner. 

Schwartz said that his principal concern was that the building was too “massive.” He said he would have preferred to see fewer than 30 units in the new building, which he and other members said should be set back from the sidewalk. 

The board said that if it were forced to vote on the project during that night’s meeting, it would most likely be denied and Patel would have to appeal the decision to the City Council. However, the board gave her the option of waiving her rights under the Permit Streamlining Act – which requires city planning agencies to approve or deny projects within six months after their applications are completed – so that the DRC could look at the project again. Patel’s architect chose to waive his PSA rights. 

In an interview on Friday, Massih said that the setback requirement was inappropriate for an urban area. 

“Where are we – In Irvine, or in Berkeley?” he asked. “This is a totally suburban move.” 

“With these setbacks, the commercial space we worked so hard to provide for the neighborhood is going to have to be sacrificed.” 

The site of the motel itself is in a zone that permits building with no setback requirement, but because it is bordered on two sides by neighborhoods zoned residential it required a no-setback permit from the ZAB. 

David Blake, who is a member of both the ZAB and the DRC but was absent from Thursday’s ZAB meeting, was surprised by the decision. 

“It’s unusual not to grant a use permit for no setback, particularly with Library Gardens going up next door,” he said. “But DRC will have to look at it to see if this project can be effectively built without a setback.” 

Blake said that while the DRC was not completely enthusiastic about the proposed motel, it did think that it would pass muster at the ZAB. 

“I don’t think that Design Review loved the way it looked, but considering the limitation of their budget, we thought it was acceptable,” he said. 

Schwartz said on Friday that he did want to see a new building at that site, given that “the current building is a bit of an eyesore,” but that the prominence of the site called for caution. 

“It’s a very sensitive site, in my mind, being right across from the high school on a prominent corner,” he said. 

“I really appreciate the fact that the applicants are trying to improve the corner. I would just like it to be a bit more aesthetically pleasing than the current design.” 

Massih said that in light of his recent experiences, the Permit Streamlining Act seems somewhat irrelevant – and he thought the city suffers. 

“The planning department had set up these deadlines, just so that things don’t get dragged on so long,” he said. “What’s the point of that, if you can threaten me with killing the project or taking it before the council?” 

“Every time the process gets dragged on, it costs the project something. The cost ends up coming out of the product – the building. By dragging it out, you end up getting cheaper buildings – and I don’t think that that’s what the city really wants.”

Editor: 

In regard to the tragic events of September 11, I would like to take this opportunity to point out a very positive outcome. All across the country, young people have been coming together to aid the relief effort in a huge way. By donating blood, money and food to victims on the east coast, young people are showing that we are not an apathetic generation. College students are voicing their opinions about war with a loud voice as well. Demonstrations and vigils on many campuses have proven that young people do indeed care about critical issues such as national safety, U.S. foreign policy and most importantly peace. 

Many youth organizations are helping to facilitate and amplify the perspective of young people. One organization that should be commended in particular is the California Youth Vote coalition, which is pushing for politicians to include the voices of 18-24 years old in a way like never before. Youth Vote is asking that next year’s Governors race include youth debates in which young people can have the opportunity to address politicians and make them hear our concerns. 

Currently, politicians are doing a great job of excluding the voices of young people with regards to the terrorist attacks. We, as the leaders of tomorrow and the citizens that will have to endure the consequences of what politicians decide, must be allowed to be a part of the debate. 

Sarah Joye 

Berkele

MacFarland runs for 235 yards in Spartans’ victory 

Despite an inspired effort and some big plays, the depleted St. Mary’s High football team couldn’t quite finish a fourth-quarter comeback on Friday night, falling to Pinole Valley 35-27. 

The Panthers (1-4) overcame a 14-0 deficit to tie the score at 14-14 at halftime, but Pinole Valley (4-1) rode the back of running back D’Andre MacFarland a 35-14 second half lead. The senior ran for 164 of his 235 total yards in the second half to go with three touchdowns. 

St. Mary’s got big days from tailback/defensive back Trestin George, who ran for 140 yards and made several big defensive plays, and quarterback Steve Murphy, who threw for 195 yards and two touchdowns. Murphy’s second touchdown pass, a nine-yard strike to Chase Moore, brought the Panthers within eight points with just 2:20 left in the game, but the Spartans recovered Jack Beran’s onside kick and MacFarland picked up a first down to run out the clock. 

“I’m real proud of all my guys,” St. Mary’s head coach Jay Lawson said. “We played well all the way through the end. No one gave up, and we kept coming back.” 

Pinole Valley is the favorite to win the Alameda Contra Costa Athletic League, and many expected them to run all over the Panthers after scoring 78 points in their last two games. Throw in the fact that St. Mary’s had four starters out due to injuries, and it looked like the setup for a rout. But even when MacFarland’s final touchdown, a three-yard run, gave the Spartans a 35-14 lead with 10 minutes left in the game, the Panthers kept on hitting. George carried the load on the ensuing drive, taking a screen pass 25 yards to the Pinole Valley 32-yard line. A Spartan personal foul put the ball at the 17, and George broke through the left side of the line and took it to the house on the next play. The drive took less than a minute off the clock, and the Panthers had found inspiration. 

“Coming into this game, everyone outside of St. Mary’s was waiting for us to get our butts kicked,” Lawson said. “But we always believed we could play with them.” 

Although the next St. Mary’s drive stalled at the Pinole Valley 40, the Panthers got the ball right back when MacFarland coughed it up on the next play. St. Mary’s caught a break when Pinole’s Anthony Jones dropped an easy interception, and they made the Spartans pay. Murphy hit Ryan Coogler on an inside screen for 17 yards, and the officials tacked on 12 more yards for a roughing the passer penalty. That set up the final touchdown pass to Moore, but the Panthers couldn’t stop MacFarland and get the ball back. 

“They rallied and hung tough,” Pinole Valley head coach Jim Erickson said of the Panthers. “We made some stupid plays to help them out, and they made some nice plays.” 

The Panthers should get most of their injured players back next week, with the exception of linebacker Omarr Flood, who is out for 5-6 weeks with a separated shoulder. With a full complement of players and the experience earned during a tough non-league schedule, the St. Mary’s players are confident they can run the table in the Bay Shore Athletic League. 

“I think we’re extremely ready,” George said. “We’ve been growing up a lot. You have to crawl before you can walk, and we’re ready to start walking.” 

Murphy set a season-high for passing yards, and spread the ball around nicely, hitting five different receivers. The Panthers were led by Coogler’s 75 yards, including a 54-yard gain on a wide receiver screen in the first half that led to a 3-yard touchdown run by Murphy for the Panthers’ first score. 

Tight end Moore had two touchdown catches, including a spectacular 17-yarder in the first half that tied the score at 14-14. Murphy rolled right, then threw a screen back to the left to Moore, but tossed the ball high. Moore made a leaping, one-handed grab, then shook off two defenders on his way to the end zone, scoring with just 18.7 seconds on the clock. 

Murphy, who is playing quarterback for the first time this season, thinks the improvement in the passing game the Panthers have shown the last two weeks will carry into the league season. 

“I’m finally getting used to playing a new spot after five games,” he said. “We’re going 5-0 from here out. We’re not losing no more games.” 

The Spartans’ second touchdown came under questionable circumstances. They drove the ball down to the St. Mary’s 6, and on the next play quarterback Adrian Smith rolled out to his left. It looked as if Smith would take the ball in himself, but he changed his mind and tossed a pass to Erwin Hoskin in the end zone despite being well past the line of scrimmage. But none of the officials seemed to notice, nor did the St. Mary’s coaching staff, and the play stood, giving the Spartans a 14-0 lead.

A proposal by District Superintendent Michele Lawrence to put her stamp on the Berkeley Unified School District’s maintenance procedures has sparked concerns that last November’s Measure BB funds, earmarked for maintenance, could be diverted to uses not approved by voters. 

Measure BB, approved in the last elections, will funnel almost $4 million in city taxes annually to the school district over 12 years. Its wording specifies that the money is for maintenance, a budget category that has often borne the brunt of revenue shortfalls. 

“That is the only reason people voted for this,” said Yolanda Huang, chair of the Maintenance Oversight and Planning Committee, which the text of Measure BB designates as its official public watchdog. “Because the history is, whenever there was a shortfall, they cut maintenance to patch another fiscal hole.” 

The district’s financial consultant announced this week that state budget constraints and anticipated shortfalls in this year’s problem-plagued budget may indeed necessitate belt-tightening by the end of the year. The maintenance budget, however, is now almost entirely funded by Measure BB funds – $3,849,000, plus $168,000 from a food service concession and the rental of the Hillside School. 

Last May, in the wake of Measure BB, the school board approved a maintenance plan that had been two years in the making, with input from two consultant firms that cost the district $70,000. 

At Wednesday’s school board meeting, Lawrence, who took office this summer, formally announced that she had put that plan’s implementation on hold to explore making several changes. 

“It may well appear that it is hubris on the part of a new superintendent” to alter the maintenance procedures, she said, “but I am concerned about the pieces that I believe the board is holding me accountable for.” 

“The superintendent had no input into the plan that the committee put together because she wasn’t here, yet she’s going to be held accountable for the results of the plan,” said board president Terry Doran. “So I think it’s perfectly legitimate for her to review the plan, and where she feels there are ways to improve it, that’s her responsibility to make those suggestions.” 

However, current and past leaders of the oversight committee strongly protested to the board against delaying implementation of the current plan, warning that further delays endangered public trust and safety. 

“They gave us this money, and if the high school looks the same next June as it does now, we’re going to have a problem,” said Stephanie Allen, former chair of the committee and now its secretary. 

Lawrence’s proposal calls for a “more comprehensive long-term strategic plan” that can “serve as a service delivery model for the various aspects of facilities, which are not just limited to maintenance.” It would enlarge the administrative boundaries of the plan to include “construction, community use, rental agreements, and ancillary educational programs.” Plant security, waste disposal, and disaster readiness “need also be considered” in the maintenance plan, the proposal said. 

“That isn’t what we promised the voters, and that isn’t what the measure says,” Allen said. “I’m hoping the board is going to exercise its fiduciary responsibility to prevent that from happening.” 

The proposal further calls for changing the supervisory model, currently based on a single custodial inspector, because “individuals accountable for tasks must be empowered to supervise employees assigned to their site or department.” 

“That red flags it for me immediately, because that means that she’s then going to ding BB to pay for principal salaries,” Huang said. 

Superintendent Lawrence did not return calls – made over two days – for comment. Gene Le Fevre, the district’s maintenance director, told the Daily Planet that Lawrence had forbidden him to speak to the press and that she was the sole spokesperson for the district. 

Board of Education President Terry Doran, however, expressed confidence in Lawrence’s proposal, which will come back to the board for further discussion next month.  

“I think these are legitimate concerns of any oversight committee, that the funds are legally spent,” Doran said. “They’re my concerns as well. I’m not concerned that the superintendent is suggesting that in her plan.” 

Aside from the issue of proper use of BB funds, the committee members also said the imposition of a new plan would delay vital maintenance. Huang said the interruption of lengthy hiring processes could set back the district’s maintenance activities several months. At the board meeting, she said that only three additional workers had so far been hired to fulfill Measure BB’s call for a doubling of the maintenance staff to 46.7 full-time positions. 

“The way the Berkeley school system works – which (Lawrence) can’t change with the twinkle of a wand – it’s going to be March at best before she can bring anybody on board to start working,” Huang said. She noted that the more maintenance is deferred, the costlier it gets. “We cannot spend another $20,000 to fix dry rot this year,” she said. 

Doran, like Lawrence, framed the proposal as a long-term strategy. “The benefit of this further review will outweigh any further delays and in the long run put us in a better place,” he said. 

Lawrence’s proposal also calls for streamlining the maintenance department by seeking workers with broader skill areas rather than “trade specialists.” (Allen, the former committee chair, told the board that the district was not able to pay enough to attract such people.) 

The superintendent would also change work schedules so that maintenance would no longer be limited to classroom hours and eliminate time-consuming multiple work orders on single projects like installing a new door.

Editor: 

I still can’t believe what I witnessed at the City Council meeting last night. After months of public input, countless hours of work by city staff and numerous pledges to consider all of the redistricting plans based on specific guidelines laid out in the City’s Charter, five members of the council: Linda Maio, Kriss Worthington, Dona Spring, Maudelle Shirek and Margaret Breland, pushed through a redistricting plan that they admitted had been put together behind closed doors and had been released to the other council members only minutes before they were expected to vote on it. Even worse, whereas all of the other plans had careful, exhaustive review from city staff to best inform the council and the public, this new “Amended Blake-O’Malley” plan was presented to the rest of the council only in the form of a map and was not presented at all to the public. Maudelle Shirek’s motion to approve the plan included only census block numbers. There was no mention of street names and without a map, I’m not sure how the public was supposed to understand the changes or make any comment on them, but then again, I have a feeling that was exactly the point. 

As someone who has diligently followed the public discussion on redistricting for weeks, I find it hard to describe the anger and betrayal that I feel. The Council majority talks about Sunshine Ordinances and open government, but when the chips are down, they don’t give a damn about public input. We are clearly under the regime of a political machine in Berkeley and I just hope this process opens the eyes of voters throughout the city. Maybe those five members will be more interested in the public’s input on Election Day. 

Susan Levine 

Berkeley

SAN FRANCISCO - Junior midfielder Patrick Fisher kicked a rebound of a shot by teammate Carl Acosta seven minutes into the second half to lift California (5-3-1) to a 2-1 nonconference victory over San Francisco Friday night at Negoesco Stadium.  

The Dons (5-3-1) took an early lead when Gabe Sturm scored his second goal of the season off a passing combination by Raji Ananda and Chris Roden.  

Although the Bears were unable create many scoring chances, they were able to score off their first shot of the game. Cal’s Angel Quintero tried to cross the ball into the box, but after it was blocked he struck a wild shot off a loose ball that found the net at 12:29.  

The Bears got the winning goal after USF keeper Conor McNulty made a save at the top of the box only to see Fisher alone with the loose ball at the near post. He just kicked it in to give Cal their fifth win of the season.  

“Carl Acosta hit a pretty decent shot and it deflected off the goalie and it was just an opportunistic shot,” explained Fisher, who notched his second goal of the season. “I was just in the right place at the right time. Credit goes to the build up of the play and Carl for getting the shot off.”  

USF appeared to get the tying goal late in the game, but Josh Hansen’s shot failed to cross the line after hitting the crossbar.  

Cal extended its five-game unbeaten streak with Friday’s win.  

“I think it was one of our better performance of the year for a full 90 minutes,” said coach Kevin Grimes. “Our players played well on both sides of the ball against a very good USF team on the road.”  

After struggling at the outset of the 2001 one campaign, the Bears are starting to gel just in time for conference play.  

“There was definitely a different attitude after the game,” said Fisher. “A confidence that will carry us into the next game. It was a big momentum builder for Sunday and also showed the country that we’re for real.”  

The Bears play host to Santa Clara on Sunday at 2 p.m. at Edwards Stadium.

ANCHORAGE, Alaska — Oil continued to spew like a geyser from the trans-Alaska oil pipeline for a second day Friday, the result of a bullet hole shot in the line. 

Crews were working on a plan to plug the hole and were cleaning up the estimated 280,000 gallons of oil that had spilled by Friday evening, but the work was proceeding slowly due to explosive vapors at the site, said Brad Hahn of the Alaska Department of Environmental Conservation. 

“You have to try to suppress the vapors with the fire suppression foam and you have to use large fans to blow the explosive vapors away from the work area,” Hahn said. 

Oil under high pressure was sprayed through a small hole onto about two acres of trees, brush and tundra. Regulators said there was no evidence that any wildlife has been oiled by the spill. 

The shooting occurred Thursday afternoon about 75 miles north of Fairbanks. The pipeline was quickly shut down, but oil remained under high pressure in the section of the line that was pierced by the bullet. 

The suspect, Daniel Carson Lewis, 37, was arraigned Friday in Fairbanks Superior Court and was being held on $1.5 million bail. 

According to charging documents, Lewis, who has an extensive criminal background, had been drinking before shooting the pipeline with a .338-caliber rifle. He is charged with driving while intoxicated, weapons misconduct, felony assault and criminal mischief. 

When the bullet penetrated the pipe, Lewis fled on an all-terrain vehicle, according to charging documents. His brother, Randolph Lewis, remained at the scene and explained to pipeline security officers what had happened. 

Randolph Lewis told investigators his brother had threatened him with the gun. But Daniel Lewis told Alaska State Troopers he was asleep at his home at the time of the shooting and had not been with his brother. 

Gov. Tony Knowles called the incident “a hare-brained act of violence.” 

Knowles said state officials would be taking another look at security along the 800-mile pipeline. Alyeska Pipeline Service Co., which operates the line, had beefed up security in the wake of the Sept. 11 terrorist attacks. 

“Clearly the fact that one person with a rifle can do this much damage is a point of concern in terms of vulnerability,” Knowles said. 

About 420 miles of the pipeline is above ground and runs through remote wilderness. The rest is underground. 

Alyeska officials were considering using a crane to install a hydraulic clamp over the line to cover the hole. But the flammable vapors in the area made the operation dangerous. 

“There’s concern about the safety of the workers there. It is a very delicate operation with large machinery in a volatile environment,” Woolston said. 

On Friday, company officials said they hoped to have the operation completed by evening. But, by late afternoon, that timetable had been scrapped and it was not known when the operation would take place, Woolston said. 

Workers had built a series of dikes to contain the spilled oil and keep it away from the Tolovana River, about a mile away. More than 15,000 gallons had been collected by vacuum trucks and was being stored in tanks near the site, Woolston said. About 420,000 gallons of oil remained in the section of line that was leaking. 

“Cleanup crews are now, at this point, keeping up with the spill rate, so the damage to the environment is limited to what’s been done,” Woolston said Friday evening. 

Woolston said it was not known when the line would be restarted. 

The pipeline has been dented by bullets in the past, but Thursday’s incident marked the first time a bullet had ever pierced the line. The 48-inch pipe is protected by an outer layer of galvanized steel and nearly four inches of insulation. The steel wall of the pipe is about a half-inch thick. 

An act of sabotage on the pipeline in 1978 resulted in a spill of 670,000 gallons of oil. A hole was blasted in the line with explosives at Steel Creek, near Fairbanks. No one was ever arrested in that attack. 

The University of California women’s volleyball team won its first Pac-10 match of the season, defeating visiting Oregon, 3-0 (30-23, 30-23, 32-30), Friday evening at Haas Pavilion.  

The Bears (5-5, 1-3) were led by sophomore Gabrielle Abernathy’s 12 kills, senior setter/outside hitter Candace McNamee’s eight kills and seven kills apiece from Reena Pardiwala, Leah Young, Camilla Leffall and newcomer Mia Jerkov. Jerkov, a standout player from Croatia, played her first match for the Bears after playing for the Croatian National Team for most of the fall. She also finished with seven digs and one block solo after coming in the match midway through game two.  

Leffall, a freshman middle blocker for the Bears, had an impressive .538 hitting percentage for the match (seven kills, no errors, 13 attempts). Oregon (8-7, 0-6) was led by junior Stephanie Martin’s 11 kills.  

Cal now has a five-match winning streak over the Ducks.  

The Bears controlled the first two games, but had to battle in game three. Oregon came back from a 26-17 deficit to tie the game at 28-28. The contest went back and forth from that point, with Cal finally prevailing when the Ducks Katie O’Neil had a service error and Leffall and McNamee finished the match with block assists.  

The Bears will next host Oregon State on Saturday and No. 7 ranked Arizona on Monday, with both matches beginning at 7 p.m. at Haas Pavilion.

DETROIT — A judge refused Friday to force a Ford Motor Co. employee to hand over confidential human resources documents the automaker says he stole. 

In March, a letter was written on behalf of John Kovacs by his attorney to Ford chairman William Clay Ford Jr. asking him to discontinue what he called the company’s policy of using race and gender in employment decisions. 

Attached were several confidential documents that included minutes of human resources committee meetings and other sensitive information regarding specific employees. 

The letter and attachments were later made part of the public court record in a lawsuit filed by Kovacs against Ford for suspending him with pay shortly after the letter was sent. Excerpts from some of the documents appeared in news stories. 

Kovacs was later transferred to work in the company’s library. 

Ford attorney Thomas Kienbaum accused Kovacs of stealing the documents and Fett with publicizing them to the media and on a Web site. 

Fett said the company wants to keep the documents secret for other reasons. 

“The documents are very embarrassing,” he said. “They show they have quotas and show they have a policy of not promoting white males.” 

Wayne County Circuit Judge William Giovan refused to order Kovacs to surrender the documents, saying he doesn’t yet know enough about the case. He said he may change his mind after another hearing. 

Ford faces at least two class-action suits and several other individual suits from current and former managers. They claim the company’s evaluation system favored younger, so-called “diversity” candidates. 

In July, Ford said it would change its evaluation system. 

The Berkeley High football team was supposed to play a game at De Anza on Friday night, but the officials never showed up, forcing the teams to cancel the game. 

“I don’t know what happened. I’m not sure who’s at fault,” Berkeley head coach Matt Bissell said. “There were just no refs there.” 

Bissell said no one is quite sure what will happen to the game. The Yellowjackets have no open dates on their schedule until the end of the regular season, and playoffs start the next week. Berkeley does have one non-league game left on its schedule, an Oct. 19 date with Emery. 

“I don’t think there’s much of a protocol for this. Nobody really knows where to go from here,” he said. “Legally, you can’t play more than one game a week.” 

“It’s unfortunate for the kids, because you only get 10 games, and this was one of them.”

LOS ANGELES (AP) — Stevie Wonder’s ex-girlfriend has filed a $30 million palimony lawsuit accusing the singer of giving her a sexually transmitted disease. 

Angela McAfee says she discovered last year that she had contracted genital herpes from Wonder, according to the lawsuit filed Thursday in Superior Court. She also accused Wonder of breaching his promise to provide her with lifetime financial support even if their relationship ended. 

Wonder’s attorney, Laura Wasser, said the action is without merit. 

“The only breach that has been made is one of Stevie’s trust in someone he had heretofore called a friend,” Wasser said. 

The attorney also suggested in a statement that McAfee may have contracted the venereal disease from someone else. 

“Since he does not have herpes, one can only wonder where she contracted the disease,” Wasser said. 

McAfee’s lawyer, Edi M.O. Faal, declined to discuss the lawsuit. 

The action claims Wonder, whose real name is Stevland Morris, sought a relationship with McAfee for more than a decade, persuading her to quit working as a wardrobe consultant in August 1996 and move into his estate. 

The couple verbally agreed five years ago that he would be the sole income earner and she would remain at home, the lawsuit said, adding they lived together until February. 

During that time, McAfee said, she helped the 51-year-old blind singer with medical and personal problems, including redesigning his home with Braille inscriptions. 

SACRAMENTO (AP) — Only 44 percent of doctors’ groups met state solvency standards in the first three months of this year, an indication that many are struggling financially. 

“Some are doing well and some are not, but now we have a clear picture,” said Daniel Zingale, head of the state Department of Managed Health Care. 

“There’s clearly a serious problem of too large of a percentage not meeting the criteria.” 

The standards include whether the group’s working capital exceeds its claims, tangible assets top liabilities, the group tracks unpaid claims and whether claims are paid on time. 

Dr. Jack Lewin, chief executive of the California Medical Association, which represents about half of California’s physicians, said the groups’ financial problems are mainly caused by “woefully underfunded contracts with for-profit, investor-owned health plans.” 

Zingale said most of the problems are caused by “reimbursement problems or mismanagement or a combination of both” but that the amount of reimbursement was sometimes the cause. 

He said the department is bringing HMOs and doctors’ groups together to try to resolve the problems and is beginning to develop more formal plans to fix problems. 

The more than 200 doctors’ groups provide medical care under contracts with HMOs. 

“Some of them are loose networks of doctors,” Zingale said. “Some of them are actual medical group establishments that own a building and operate as an independent entity but act as a subcontractor for HMOs.” 

The California Nurses Association and consumer groups supported release of the information but many doctors’ groups objected, saying it was old and could be misinterpreted by patients. 

“We were extremely close to meeting the working capital standard in the first quarter and, as of today, we meet the standard,” said Gloria Austin, chief executive officer of Brown & Toland, San Francisco’s largest doctors’ group. 

Meanwhile, more than 13,500 seniors in three San Francisco area counties — Contra Costa, Alameda and Solano — are facing their own health care financing problems. They’re losing their HMO coverage. 

The announcement by PacificCare Health Systems that it would discontinue the coverage by the end of the year mirrors a national trend that insurers say has been created by rising medical costs and declining federal Medicare reimbursements. 

Blue Cross also sent out notices to about 150 people in the three counties terminating their coverage. 

The HMO plans are popular among seniors because they often include prescription drug coverage and other benefits not available through Medicare. 

The PacificCare and Blue Cross announcements mean that seniors will have to rely on Medicare or try to find another HMO that may charge more and provide fewer benefits. 

“Generally, once there’s less competition, the ones that are left do raise rates,” said Earl Lui, senior attorney for Consumers Union. “HMOs are finding that this line of business is less profitable than they thought.” 

LOS ANGELES — Southern California Edison said Friday it hopes to pay all its creditors by February after a federal judge approved a settlement agreement designed to keep the state’s second-largest utility out of bankruptcy. 

Consumer groups were quick to criticize the agreement between Edison and the California Public Utilities Commission, which forces customers to continue paying higher rates imposed last May for at least two more years. 

The deal also would require Edison shareholders to forego $1.2 billion worth of dividends over three years. 

At a court hearing, U.S. District Judge Ronald S.W. Lew said the agreement was “fair, adequate and reasonable to the parties, the shareholders and to the public and is not a bailout by any means.” 

Lew rejected arguments by a consumer’s group and Los Angeles County, which had asked for more time to comment on the proposed settlement. Edison and the PUC announced the agreement Tuesday, just one week before the Legislature was set to convene a third special session to consider an Edison rescue plan. 

Michael Strumwasser, an attorney for The Utilities Reform Network, a San Francisco-based consumer advocacy group, said the organization would appeal what he called “this incredible incursion of federal jurisdiction on state regulation.” 

The agreement, which was secretly negotiated between lawyers for the utility and the PUC, settles a lawsuit filed by Edison last fall. It’s designed to let Edison pay off an estimated $3.3 billion of its more than $6 billion debt. Edison will use its available cash and the canceled dividend payments for the next three years to satisfy the remainder of its debt. 

Edison said Friday it believes it will accumulate enough cash and gain financing by the middle of the first fiscal quarter of 2002 to pay its debt to banks, bondholders and power generators. 

“We’re looking for a big bang in terms of paying everybody in the first quarter,” Ted Craver, Edison’s chief financial officer, said in the 71st conference call with creditors since the state began paying for power in January. “I don’t think it will take that long to work through the remaining issues.” 

Some of the remaining issues include how and when power generators will be paid. 

Smaller power generators said Friday Edison has pledged to honor an earlier agreement to pay them 5.37 cents per kilowatt hour for the next five years. 

“Edison has every intention of honoring the deal and the other fundamental aspects of the agreement,” said Jan Smutny-Jones, executive director of the Independent Energy Producers. 

Smutny-Jones said he was called Thursday by Edison chief executive officer Stephen Frank and other company officials who pledged to work with generators to develop a repayment plan. 

Larger power generators said they are still waiting to hear details from Edison. 

“We’re disappointed in this rush to judgment when this complex secret agreement was made public only a few days ago,” said Patrick Dorinson, spokesman for Mirant Corp., one of two major generators who objected to the settlement because it didn’t specify how and when they would be paid. Edison owes Mirant about $110 million, Dorinson said. 

“Edison’s actions will have to speak louder than their words,” Dorinson said. 

Michael Florio of TURN vowed to fight the court ruling. 

“This is not just a bad decision by the PUC, this is gross incompetence and dereliction of duty,” he said. 

The deal was negotiated over 10 days to keep the Rosemead-based utility from following Pacific Gas and Electric, the state’s largest utility, into bankruptcy. 

PG&E and Edison blame their financial woes on California’s 1996 deregulation law that prevented them from passing on skyrocketing wholesale power costs to ratepayers. The state stepped in, buying billions of dollars in power for the credit-starved utilities. 

Earlier this year, the PUC approved a $5 billion electricity rate hike, the biggest in California history. Regulators then boosted rates by as much as 80 percent for residential customers who use the most power. 

Gary Cohen, a lawyer for the PUC, said the ruling was fair to ratepayers and should allow Edison to pay its debt by the end of 2003. 

The ruling also allows the commission to retain authority over Edison in contrast to a reorganization proposed by PG&E to cope with its financial troubles, he said. 

“What we’re doing is trying to get SoCal Edison financially healthy so it can resume purchasing power for its customers and we can get the state out of the power-buying business,” Cohen said. 

WASHINGTON — Sen. Dianne Feinstein, D-Calif., said Friday she is prepared to drop her call for a six-month suspension of foreign student visas after worried education officials promised to do a better job of working with immigration authorities. 

In a letter to Feinstein on behalf of 18 organizations representing colleges, universities and educators of foreign students, David Ward, president of the American Council on Education, pledged that schools would provide the Immigration and Naturalization Service with more information about their foreign students and act quickly to tell INS when a student who is expected does not enroll. 

One of the hijackers in the Sept. 11 attacks apparently entered the country under the pretext of taking English language classes at a school in Oakland. He never showed up at the school. 

“The actions we propose will result in a much higher level of security,” wrote Ward, whose council includes most major U.S. colleges. “By adopting such steps, we believe it will be unnecessary to pursue more far-reaching actions.” 

Representatives of public and private California universities delivered a similar message in a meeting with Feinstein on Tuesday, said Chris Harrington, a spokesman for the University of California’s Washington office. 

Feinstein said she is willing to put the educators’ promise to the test. “If we can get cooperation from schools with regard to student visa reporting requirements, the moratorium will not be necessary,” she said in a statement. 

Feinstein will hold a hearing on student and other visa issues on Thursday in her Technology, Terrorism and Government Information subcommittee, spokesman Howard Gantman said. 

The proposal to bar temporarily new foreign students from the United States drew protests from college officials, international student and educator groups and directors of intensive English programs. The latter said their industry would be crippled by the moratorium. 

But Feinstein said INS needed time to implement a tracking system to curb what she said were widespread abuses in student visas. 

After the first World Trade Center bombing, in 1993, Congress ordered the INS to create a system to track the 514,000 foreign students in this country. When in use nationwide — expected by 2003 — it will give law enforcement officials electronic access to information about students’ names, universities, dates of attendance and academic majors. 

Educational groups have toned down or dropped their criticism of the program — particularly civil liberties and academic freedom questions — since the attacks. Feinstein is calling for $32.3 million to fund the program and eliminate educators’ concern that foreign students would be charged a $95 fee.

OAKLAND — Two former vault manager for Loomis, Fargo & Co. pleaded innocent Friday in U.S. District Court to charges they stole $12.7 million. 

Bryan D. Rosenquist, 39, and Michelle E. Serrao, 41, both of Vacaville, were indicted Thursday on federal charges of embezzlement and conspiracy to embezzle during the time they worked at a company vault facility in Richmond. 

The FBI said Rosenquist worked as the vault manager and Serrao worked as the vault cash manager supervisor. 

Prosecutors say that from September of last year to this August they took $12.7 million from Bank of America. Only $2 million of the missing money has been accounted for, according to prosecutors. 

The FBI said they also discovered a joint checking account opened at the Federal Credit Union in Vacaville on Dec. 1998. According to bank records obtained by the FBI, more than $2.3 million was deposited into the account between January 2000 and September this year. 

*** 

SAN FRANCISCO — The San Francisco Giants have installed 24 defibrillators to treat sudden cardiac arrest at Pacific Bell Park. 

Defibrillators provide an electrical charge to the heart, which stops pumping blood during cardiac arrest. If they are used within four to six minutes of the onset of cardiac arrest, they are 75 percent successful, said Abbie Yant, director of the park’s health services. 

The defibrillators were provided by Philips Medical Systems and paid for by the Giants Community Fund, said Mario Alioto, the team’s vice president for corporate marketing. 

No one has suffered sudden cardiac arrest at Pac Bell since it opened last season, Yant said. 

Catholic Healthcare West has trained 100 Giants employees, ushers and event staff in how to use the defibrillators, which are spread out in dugouts, locker rooms and throughout the 40,000-seat stadium. Anytime a device is used, it will automatically call the ballpark’s 911 system to summon authorities to the scene. 

The Giants’ program is modeled after one established in Chicago’s O’Hare and Midway international airports, which have achieved a 68 percent survival rate for sudden cardiac arrest. 

*** 

SACRAMENTO — Governor Gray Davis signed a bill Thursday that could save plans to build a $300 million dollar cruise ship terminal in San Francisco. 

The bill exempts the terminal from some waterfront development restrictions, and allows approval of offices, shops and restaurants that would otherwise be prohibited. 

Officials with the Port of San Francisco and the San Francisco Cruise Terminal had said development would have been stalled without such provisions. 

State Lands Commission and Bay Conservation and Development Commission regulate waterfront development. The agencies had questioned the legality of building such a terminal. 

The terminal is planned for Piers 30 and 32. 

*** 

MARTINEZ — PacifiCare Health Systems announced Tuesday it will drop more than 10,000 seniors in Contra Costa County from their Medicare HMOs by the end of the year. 

Along with more than half its Contra Costa membership, PacificCare will also drop 3,500 enrollees in Alameda and Solano counties. 

Blue Cross also sent out notices to about 150 people in the three counties that it was dropping their memberships. 

The dwindling number of choices available in the East Bay to Medicare recipients mirrors a national trend brought on, insurers say, by a climate of rising medical costs and declining federal reimbursements. 

Nationwide, 58 Medicare health plans will drop or cut services in January, affecting roughly 560,000 people. 

Last year, about 934,000 people were dropped from their Medicare health plans, according to the federal Center for Medicare and Medicaid Services. 

The Medicare health plans have been increasingly popular with seniors because unlike the traditional Medicare insurance plan, HMOs often include prescription drug coverage and other benefits to members. 

Seniors can enroll in the few remaining plans, but face rising co-payments and reduced benefit packages. 

JERSEY CITY, N.J. (AP) — A structural engineer examining the twisted bones of the World Trade Center said Friday he has tentatively concluded the towers collapsed because of intense fires fanned by jet fuel. 

The interior steel remained supportive after the crash, only buckling when the fire exceeded 1,000 degrees, Abolhassan Astaneh-Asl said. 

“The impact did nothing,” Abolhassan Astaneh-Asl said, pointing to a massive interior column from the south tower that he believes remained standing even after three-quarters of it was sliced away by a jet part. 

He expects that research will examine whether a tougher skin for future skyscrapers might be useful in deterring similar assaults. A steel-concrete composite exterior, for example, might crumple a plane and keep more fuel outside, he suggested. 

“This building could not fight. It was just innocently standing there and somebody shot it,” said Astaneh-Asl, a professor of structural engineering at the University of California, Berkeley. 

Pieces of one of the planes — the largest the size of a business envelope — were found imbedded in steel facade columns of one tower on the opposite side from where they entered, Astaneh-Asl said. 

“The airplane did not do much damage,” he said, showing bolts and fasteners that suggest to him the towers were well designed and well constructed. 

Once beams supporting the floors began to buckle in the fire, the floors pancaked and that brought the towers down, he said. 

Astanah-Asl, under a grant from the National Science Foundation, plans to build a computer model of the towers from data gleaned in the mounds of steel at ground zero and at a massive scrap yard in New Jersey. 

The computer model will examine if the buckling could have been prevented and whether additional fireproofing would withstand even a fully fueled airliner, he said. The steel had protection for about three hours of an office fire, he said. 

“All scenarios will be looked at,” Astaneh-Asl said. 

Workers at the Hugo Neu Schnitzer East yard in Jersey City, just a mile across the Hudson River from the Trade Center, saw the towers fall. 

They have now been trained to alert Astanah-Asl to possible clues as they labor around the clock with torches and heavy machinery, cutting into steel panels up to 6 inches thick. 

Eventually, nearly all of the estimated 310,000 tons of Trade Center steel will be diced and sent to mills, where it will be melted and forged again, Hugo Neu general manager Robert A. Kelman said. 

The south tower interior column with a chunk missing was probably hit by the jet’s nose or an engine, and was between floors 47 and 78, he said, adding that the location will eventually be pinpointed. 

The hollow rectangular column has four sides (16 and 32 inches wide), composed of steel 1.5 inches thick. Analysis of the sheared face would help determine how fast the jet was traveling at that time, Astaneh-Asl said. 

Astaneh-Asl, 53, led a team that studied damage to the San Francisco-Oakland Bay Bridge after the 1989 Bay Area earthquake, and has investigated methods to make buildings bomb resistant. 

SAN FRANCISCO — Dozens of armed California National Guard troops were deployed Friday at Los Angeles and San Francisco international airports to strengthen security and reassure travelers returning to the skies in the aftermath of last month’s terrorist attacks. 

Soldiers in battle dress fatigues and carrying M-16 rifles took posts in the early morning at San Francisco International Airport and at midday at Los Angeles International Airport, some standing behind baggage screeners, others watching passengers go through checkpoints. 

“I think it’s wonderful they are here,” said traveler Bonnie Rader of Huntington Beach. “It should have been done a while ago.” 

But others thought the show of force was too much. 

“I’m not sure it will do a lot for national security,” said Craig Guenther, who flew from Orange County to San Francisco for a one-day business trip on Friday. “It gives people a sense of well being and safety, even if it’s a false one. 

“This is something you usually see in a third-world country. It’s a shame it’s come to that.” 

Army Sgt. Joe Barker said in San Francisco that the national guardsmen will patrol the airports and supervise X-ray machine checkpoints leading to the gates, but will not search bags unless something is awry. 

The initial deployment to the state’s two largest airports will expand to nine other airports within a week and to 30 airports by Oct. 19, Gov. Gray Davis told a press conference at Los Angeles International. 

The Guard members are “experienced, seasoned professionals who know how to keep the peace and provide peace of mind to the traveling public,” Davis said. 

“It’s good to have them here,” said Los Angeles Airport Police Chief Bernard Wilson. 

Most airline passengers echoed that view. 

“I truly believe they could have prevented the attacks. Maybe they would have scared them off,” said Karrie Miller, 22, as she headed from Los Angeles to Sacramento. 

The Guard members, trained by the Federal Aviation Administration in terminal screening procedures and conflict resolution, will support civil authorities, said Lt. Col. Charles “Terry” Knight. 

The troops will act as “another set of eyes ... real, trained soldiers that are going to be functional,” he said. 

The governor and other officials emphasized that the National Guard was joining a multilayer security team and is not taking over airport protection. 

“They are not here to replace anyone,” Davis said. “They’re to provide an additional layer of security, to be there in case something goes wrong, and to be a deterrence to anyone who might want to do something wrong.” 

The governor acknowledged the disruption of lives caused by the Guard call-up. 

“I’m very proud of these men and women because they’ve put their lives on hold to perform this mission. Many people left young children at home,” he said. 

Seventy-eight Guard members were deployed to Los Angeles International. In San Francisco, about 20 guardsmen will be on duty at any given time. 

Sgt. Edward Morris, a full-time guardsman from El Centro, said he received notice Monday, arrived in Los Angeles the next day and trained until 9 p.m. Thursday. 

“Being a single parent it’s tough to be here, but it’s my job. I signed a contract and this is what it means,” said Morris, who left his teen-age daughter and son with a friend. “I’ll be here as long as I’m needed.” 

Sgt. Javier Zamora, 34, a full-time guardsman who normally works as an aircraft refueler, had to leave his wife and three children in Hemet for the Los Angeles deployment. 

“This is a new thing for us,” Zamora said. “We’re providing a service. Giving the public a sense of security. I’m here and I’m glad I’m here.” 

CARSON CITY, Nev. — Nevada’s new medical marijuana law took effect on Monday — and since then the state has received only one completed application. 

Officials are blaming the mail system for the sluggish start. 

Cecile Crofoot, administrator of the program for the state Department of Agriculture, said the lone applicant has submitted all paperwork, including a doctor’s recommendation and a fingerprint card from a police agency. 

If the individual, who wasn’t identified, clears a background check, Crofoot will send the applicant the documents that go the state Department of Motor Vehicles, which will issue a card authorizing marijuana use. 

The agriculture department began sending out applications on Sept. 24. Crofoot said they were processed through the state mail system and were handled as third-class mail. 

Crofoot said she got several calls from individuals who hadn’t received their applications, so she’s resending the applications by first-class mail. 

Nevada’s medical marijuana program enables people with chronic and debilitating diseases, such as AIDS and glaucoma, to use pot for pain relief. 

SAN JOSE — An attack helicopter used during the Gulf War is up for sale on eBay, with bids starting at $800,000. 

The Bell Cobra helicopter was used by the U.S. Army and comes equipped with a 20-mm cannon and two rocket pods, according to the seller. No munitions are included, and the armament is said to be non-functional. 

Ebay spokesman Kevin Pursglove says sale of the helicopter, once capable of delivering a deadly payload, does not violate company policy since the rocket launchers and cannons have been deacitivated. 

“These things get bought and sold quite regularly,” Pursglove said. 

Refrigerators that diagnose their own ills and microwaves that download recipes and cooking instructions from the Internet? Ready or not, here they come. 

Features that have been talked of or shown in prototype for years are now on their way to retail stores, with introductions set for the end of 2001 and the beginning of 2002. 

Manufacturers in the vanguard are betting that a significant segment of the public will pay extra for an appliance that can access the Internet, offering opportunities for remote diagnostics, access to food facts and recipes, ability to exchange e-mails and digital photos — all while the user is eating breakfast or cooking dinner. 

Consumers could gain convenience and in some cases dollar savings from Internet features. “For example, a dishwasher could negotiate with the power company on its own without the homeowner having to get involved to run the machine when rates are lowest — maybe at 3 a.m.,” says Joseph McGuire, American Home Appliance Manufacturers Association (AHAM) president. 

With remote diagnostics, a dealer or manufacturer could tap into the appliance and do some troubleshooting so that the repair person arrives with the right part. 

Thanks to the barcode reader that will be incorporated into some refrigerators, reminders that foods are outdated, automatic shopping lists and computerized ordering of foods may also be possible. 

Samsung, LG Electronics and Whirlpool Corp. are among companies readying Internet-enabled kitchen appliances for introduction by the end of this year or in the first quarter of next year. 

Samsung, for example, will market a microwave oven with a removable cartridge that accesses the Internet at a home computer and then goes back to the microwave with up to 15 recipes at a time (scrolling will be required to read the complete recipe) along with step-by-step cooking instructions. 

Samsung looks to introduce the microwave in the last quarter of 2001. Pricing is not set, but the model should be only a little more expensive than a comparable model without the cartridge, a spokesman says. 

Both LG Electronics, a leading Korean company, and Whirlpool Corp. will introduce Internet-ready refrigerators in the United States in 2002. They will not require any special hookups beyond a phone modem and a standard electric plug. 

A version of LG’s refrigerator already sells for about $10,000 in Korea. The fridge has its own touch screen and electronic pen for messages and reminders as well as a videophone and digital camera. It can be used to surf and shop the Internet, download recipes, watch TV, listen to music, and more. 

The company also is working on Internet-ready microwave ovens, air conditioners and washing machines, but sees the refrigerator as key. “In the future, everything in the house will be tied together through the refrigerator, since it’s the only appliance on 24 hours a day,” says Sonny Marak, vice president of sales for home appliances at LG Electronics USA. 

Whirlpool’s refrigerator will have a built-in bar code reader to keep track of foods that pass their expiration date. Moving beyond individual appliances, in 2002 Whirlpool also will introduce to builders only a package of Internet-ready appliances with broadband connections, either through high speed DSL telephone lines or cable wiring. The package includes a refrigerator, dishwasher, cooktop and microwave oven. 

“A suite of products would allow a higher level of home management control and broadband gives far more access to multimedia files and quick downloading,” says Tom Kline, a Whirlpool spokesman. “Consumers could gain access to a live video demonstration of the very meal they are trying to prepare.” 

The reason for restricting its suite of products to builders is that only houses already outfitted with high speed lines will be suitable to make use of the appliances. Getting broadband connections into the kitchen as a retrofit is too costly and difficult, according to Kline. Costs have not yet been set for the new products. 

Of course, for different appliances to work together they need to communicate. AHAM has set up a committee of 20 interested companies to develop standards for interconnectivity. The goal is to set a standard by the end of 2001. 

Meanwhile, a number of products already available communicate in new ways, thanks to computerized intelligence. As an example, Whirlpool’s Calypso washing machine doesn’t require the user to indicate the size of the wash load. The machine knows how much water to provide based on a sensor that “knows” how much laundry is in the tub. A companion dryer measures moisture in clothing and turns itself off when the sensor “realizes” the clothes are dry, which might save as much as 20 minutes of drying time. 

A central air conditioner by Carrier makes use of multiple sensors that control the output of cooling to a number of different areas of the home depending on what the actual temperature is in that particular area. This is an improvement on the typical central system with one sensor at a single location. 

An electric control system marketed by Cutler-Hammer includes a smart circuit board and special light switches. These are used together to program house lights to variable levels. The system also protects appliances against power surges and lightning strikes and monitors how much electric power various appliances are using. 

While the bells and whistles of Internet connection and other so-called smart appliances may initially attract consumers, what is perhaps more important is that these are early examples in a new way of thinking about the home as a total internal and external communications system. 

In this new world of total connectivity, appliances will be part of a home network that includes a home computer, television and telephone as well as indoor and outdoor lighting, home security, and heating and air conditioning systems. 

It could become commonplace to control many home functions by telephone or computer screen, turning them on and off via remote control commands. 

Whether the world of total connectivity will appeal to consumers is not entirely clear. “Intel’s research indicates retirees with time on their hands are getting hooked on connectivity of all kinds. The key is to make connectivity extremely user-friendly,” says Larry Wethje, vice president of technical services, AHAM. 

“Energy management already interests consumers, but remote control features may need more education” says AHAM’s McGuire. 

ALBUQUERQUE — Documents unsealed in the Wen Ho Lee case reveal that his plea bargain with the government last year nearly fell apart when his lawyers disclosed he actually copied more tapes than prosecutors had believed. 

But the initial documents among those sought by the San Francisco-based Chinese for Affirmative Action contained nothing to show that Lee, 61, a Taiwanese-born naturalized citizen who worked at Los Alamos National Laboratory for 20 years, was a victim of ethnic profiling or selective prosecution. 

The government has denied it engaged in racial profiling and agreed to the release of the censored documents. 

Much of the material Lee’s lawyers had hoped to obtain about alleged profiling and selective prosecution was never delivered to the court after the plea deal was reached in September 2000. 

Attorney Roger Myers, who represents Chinese for Affirmative Action, said earlier this week he still hopes to retrieve those documents through the Freedom of Information Act. 

Six of the 20 documents unsealed by U.S. District Judge James Parker on Tuesday were made public Thursday. Parker kept two of the requested 22 documents secret, one because of national security concerns and the other at the request of Lee’s lawyers. 

A security review of the remaining documents was completed Friday, said Patricia Chavez, spokeswoman for the U.S. attorney’s office in Albuquerque. It was not immediately clear when those papers would be available, she said. 

Lee, who had been charged with 59 counts of breaching national security, pleaded guilty to one count in September 2000, admitting using an unsecured computer to download a defense document. The government dropped the other counts and he was freed after nine months in solitary confinement. 

According to the unsealed documents, lawyers from both sides began talking about a plea deal, believing Lee made seven tapes containing sensitive information on U.S. nuclear research at the northern New Mexico weapons lab. 

However, about an hour before the deal was to go before Judge Parker on Sept. 11, 2000, Lee’s lawyers told the government he made up to seven copies of the seven tapes. 

U.S. Attorney Norman Bay said in an affidavit he was shocked when he learned a half hour before the hearing on the plea deal that up to 14 tapes existed. 

“I was dumbfounded, then outraged,” he said in the affidavit. 

Government prosecutors called the disclosure “a bombshell” and asked Parker to scrap the deal, although they already had signed it. 

The government said Lee’s last-minute revelation of extra tapes undermined the entire plea deal and indicated he may be withholding other information from his attorneys, the court documents said. 

The government said it was difficult to believe Lee and his lawyers never discussed whether the tapes had been copied “more than nine months after Lee had been placed in solitary confinement because of concern about his ability to communicate information about the missing tapes.” 

Lee’s attorneys said the plea agreement never referred to copies of tapes, which was why the issue did not come up earlier, the court documents said. 

Once they found out about the copies, Lee’s attorneys drafted a declaration from Lee that said he had destroyed the extra copies at the same time he had destroyed the original seven tapes, the court documents said. 

Lee’s attorneys said in the documents that the prosecution obtained assurances all the classified tapes had been destroyed and had not been passed to anyone. 

“It would be grossly unfair ... to permit the prosecution to keep the benefit of its bargain but to deny Dr. Lee the benefit of his,” the documents said. 

A few days later, both sides agreed to a second deal and Lee was freed. He agreed to make himself available to FBI questioning for a year so the government could find out exactly what happened to the missing tapes. The one-year period ended last month. 

Lee said he threw the tapes into a Dumpster at the weapons laboratory. The FBI dug up sections of a nearby landfill that received lab trash around the dates Lee said he disposed of the tapes, but found nothing. 

Also released was a Sept. 3, 1999, letter to defense attorneys from the Justice Department, which said Lee had copied classified and unclassified information onto tapes. 

The government wanted to know why the tapes were made and who had access to them. The government said the kind of tapes Lee downloaded the information onto were outmoded and slower than accessing material directly from his computer, raising questions about why Lee wanted portable copies. 

“We know that the tapes were of no practical use to Dr. Lee in his day-to-day work,” the letter said. 

Defense attorneys have said the tapes were part of Lee’s routine work at the lab. 

Dear Tom and Ray: 

I'm planning to take a trip. The only thing holding me back is that I can't get a straight answer about how much weight my car can handle while towing. Please help me find out if I will be having the time of my life, or if I will be rolling backward down the Cascade mountains!  

I own a 1991 Volvo 240. I am interested in a trailer that will weigh 3,000 pounds by the time my gear is included. The owner's manual says the car can tow 3,300 pounds, yet the Gross Vehicle Weight Rating on the side of the car door says it can handle 4,030. Does this mean I can only handle 700 pounds more than the trailer, or is the tow weight different from the GVWR? Is towing a trailer on the Volvo asking for trouble or just lots of fun? -- Jocelyn 

TOM: Well, I think this is a pretty lousy idea, Jocelyn, but let's start by sorting out the terms. 

RAY: The towing capacity and the Gross Vehicle Weight Rating are two different things. The GVWR is the total amount of weight you can rest on those tires, including the weight of the car itself, your passengers, their cargo and the tongue weight of the trailer. 

TOM: The tongue weight of the trailer is the vertical weight with which the trailer pushes down on your rear bumper or towing hitch. 

RAY: So, since this car itself weighs about 3,000 pounds and your GVWR is about 4,000 pounds, you can, for example, carry two mothers-in-law. Or one mother in law, 400 pounds of her luggage and a trailer with a 100-pound tongue weight for the rest of her stuff. 

TOM: Then there's towing capacity. Towing capacity is how much the car can safely PULL without either croaking the engine, frying the brakes, getting pushed off the road or pulling the chassis off the frame. 

RAY: So you still need several pieces of key information, Jocelyn. You need to know the tongue weight of the trailer. And then you'd need to be sure that the tongue weight plus any passengers and cargo you're planning to carry IN the Volvo don't push you over your GVWR. 

TOM: And then, finally, you need to call your Volvo dealer and ask how much it will cost to rebuild your transmission ... and get towed in from the Cascade mountains. And make sure you have that much room on your credit card. 

RAY: The Volvo can, theoretically, tow 3,300 pounds. But if you're towing almost that much up and down mountains, you're really taking a serious risk. Not only are you risking the key components of your car -- the engine, transmission and brakes -- but you're also risking your life. I'm assuming you're not a trailer-towing expert. And to start with a trailer that's pushing the very limits of your car's ability on, of all things, mountain roads, is kind of foolish. Don't you think, Jocelyn? 

TOM: So I'd recommend that you throw a tent and a camping stove in the back of your Volvo and rough it. But if you absolutely must do this, look into renting a tow vehicle (a truck or SUV) with a much higher towing capacity. And get some instruction and some practice in before you hit the mountains, OK, Jocelyn?  

*** 

Dear Tom and Ray: 

A friend of mine has a boyfriend who is very knowledgeable about cars (apparently, he was an auto mechanic at one time). He told her that, as much as possible, she should avoid using Reverse. According to my friend, her boyfriend says that using Reverse is very hard on the transmission. So whenever I ride in my friend's car, she always searches for a "pull through" parking space, or she will back into a space to avoid having to use Reverse when the transmission is "cold." I was visiting my own family recently, and I told them about my newfound knowledge. Of course, they pooh-poohed this notion and suggested I write to you guys. So can I use Reverse, safe in the knowledge that I'm not harming my car? -- Ann 

RAY: Power to the people, sister! Use R! 

TOM: I guess the key word in your letter is "apparently." As in "apparently, he was an auto mechanic at one time." And if he was, wacko theories like this are probably what got him drummed out of the business. 

RAY: He's nuts, Ann. The transmission couldn't care less whether it's in Drive or Reverse. And your poor friend is wasting precious hours of her time on Earth searching for unnecessarily divine parking spaces. And I don't even want to know how much she spent on her circular driveway. 

TOM: Of course, what CAN hurt the transmission is shifting directions while the car is still moving. So if you're still rolling forward when you shift into Reverse (or vice versa), then you can do damage. But other than that one situation, Reverse is a perfectly useful and productive gear. So tell your friend to stop this wanton discrimination. It's blatant "gearism," plain and simple. And we won't stand for it in this day and age. 

RAY: We're here! Drive Rear! Get used to it!  

SACRAMENTO — State departments were paring down budgets. Dot-coms were doling out pink slips. And a statewide power crisis left consumers nervous about spending their extra cash. 

Then came Sept. 11. 

The aftermath of the terrorist attacks have further cut into the faltering California economy and forced already-strapped state departments to plan for the toughest times in years. 

“Clearly, a wide variety of state programs are going to be at risk for significant cutbacks next year,” said Brad Williams, senior economist for the California legislative analyst’s office. 

States across the nation are re-examining their budgets because of an already-weak economy compounded by the terrorist strikes. 

But in California, a complex convergence of events — from financing the power crisis to the fallout from the attacks — has put the state in its most fragile fiscal position since the recession of the early 1990s, officials agree. 

Before the strikes, state revenues already were sagging below forecasts by hundreds of millions of dollars. At the end of July, Gov. Gray Davis’ Department of Finance braced department heads to prepare for up to 10 percent budget reductions across the board. 

The collapse of the high-tech industry was damaging the fiscal stability of California, which enjoyed massive infusions of income tax and capital gains revenues during the technology boom of the past four years. 

Even before the attacks, economists say, California was on the brink of a recession. 

Now, budget watchers are trying to determine what the attacks will do to the state’s economy. 

“It’s too soon to really know, but we can be certain that it won’t be positive,” said Jean Ross, executive director of the California Budget Project. 

Assembly Speaker Robert Hertzberg, D-Van Nuys, has created a task force to examine the toll on the state economy. 

Assemblyman Tony Cardenas, an Arleta Democrat who chairs a special budget committee, said he will call legislative budget hearings before the session begins in January. 

Davis said he will hold an economic summit with business and labor leaders to discuss a possible economic stimulus package for the state. Davis already has been urging residents to start flying again and he has set aside $5 million for radio, television and newspaper ads to encourage Californians to travel throughout the state. 

And the governor has vetoed several bills in the past two weeks because they would increase spending. 

California’s economy depends largely on taxes of sales, income and corporate profits — all of which have plunged from post-attacks decreased travel, tourism and airline industry layoffs. 

Also, the attacks could spell trouble for two major California industries: agriculture and entertainment. 

Hollywood studios have stepped up security amid fears they could be targeted. Crop dusters were grounded for two days after warnings that some of the suspected terrorists may have inquired about the agriculture airplanes. 

Plus, law enforcement and other state agencies will spend more to increase security at state buildings, power plants, water projects and landmarks. 

Beyond the attacks, an impasse over repaying the money the state spent for electricity this year led officials to predict dire budget consequences. 

California spent $6.1 billion from its general fund to buy power on behalf of three cash-strapped utilities, which must be repaid by June 2002, the end of the current fiscal year, or the money will have to be cut from the budget. 

Friday, a major credit rating agency said it may downgrade the state’s bond rating for the second time this year because of the uncertainty surrounding the bond deal. 

Even if the energy costs are repaid, the $2.6 billion reserve in the $103 billion 2001-02 budget will likely disappear in a few months. 

Already the first three months of the fiscal year, July through September, showed revenues $1 billion below forecasts, according to the legislative analyst’s office. 

That will mean cuts of some kind, either hiring freezes, spending reductions, borrowing or possibly higher taxes. 

“These are big numbers and you don’t fix problems like this by trimming,” said Sen. Steve Peace, an El Cajon Democrat and chairman of the Senate Budget Committee. 

But Department of Finance Chief Economist Ted Gibson said he and others are hopeful the problem will not drag into the long-term. 

He doubts the state’s economic fortunes will plunge to the depths of the early-1990s recession, partly because of an ironic twist to the tragedies. 

The response could help boost some key sectors in the state, from defense contractors to biotech firms aiding in new efforts to prevent bio-terrorism. 

But a major economic question remains. What if California is hit by a terrorist attack? 

Davis — who said authorities have warned him the state could be a target — has launched a statewide anti-terrorism effort including a database for information on threats and suspected terrorists. 

A strike here could cripple the already-uncertain economy, state Controller Kathleen Connell said. 

“All bets are off if we have a terrorist act that impacts California directly,” Connell said. “Then our best economic projections are going to be voided.” 

SAN JOSE — Network computer maker Sun Microsystems Inc. plans to cut 3,900 jobs and said Friday its quarterly losses will be wider than expected in part because of the Sept. 11 terrorist attacks. 

Semiconductor manufacturer Advanced Micro Devices Inc., which announced 2,300 layoffs and plant closings last week, also warned of wider losses in the quarter ended Sept. 30. 

Despite marginally positive news from other high-tech companies earlier this week, analysts say Friday’s announcements show not everyone in the tech sector has hit bottom. 

Last month’s attacks further weakened demand for high-tech equipment, and the effects of diminished customer spending and confidence will ripple through tech companies for months to come. 

“It’s pretty bad in the near term,” said Daniel Kunstler, a J.P. Morgan analyst who covers Sun. “Nobody’s spending any money, and Sept. 11 is a further inhibitor of money being spent.” 

Sun, which until Friday had kept its ranks intact during the economic slump, will cut 9 percent of its work force. The layoffs will not affect sales or research, said Scott McNealy, Sun’s chief executive. 

The company also said revenue in its fiscal first quarter ended Sept. 30 was in the range of $2.7 billion to $2.9 billion. Analysts surveyed by Thomson Financial/First Call were expecting revenue of $3.3 billion. 

Sun said its loss for the quarter was in the range of 5 cents to 7 cents per share. Analysts were expecting a loss of 4 cents a share. 

A large percentage of Sun’s business takes place in the final month of any quarter. Before the Sept. 11 attack, Sun had warned that it would lose money because of soft demand for its products in Japan and Europe. 

“Our business nearly ground to a halt in the two weeks following that tragic day,” said Michael Lehman, Sun’s chief financial officer. 

In addition to the job cuts, Sun said it will consolidate excess facilities and take a charge of about $500 million in the second quarter. 

Both Sun and IBM Corp. recently launched high-end servers that could help spur recovery once companies start buying again, analysts said. Sun expects to return to profitability in the June quarter. 

Sun, which designs its own chips and software for its computers, was a Wall Street darling during the Internet boom. But its stock has lost about two-thirds of its value over the last year as dot-coms and other companies stopped buying equipment. 

On Friday, shares of Sun were lower before gaining 27 cents to $9.56 in late-afternoon trading on the Nasdaq Stock Market. 

Meanwhile, Advanced Micro Devices Inc. said its losses for the quarter ended Sept. 30 will range between $90 million and $110 million, or 26 cents to 31 cents per share. Analysts were expecting a loss of 12 cents per share, excluding one-time charges. 

Third-quarter sales totaled $766 million, a 22 percent dropoff from the previous quarter. 

AMD lays much of the blame on its battle with Intel, which has been slashing processor prices to attract customers. 

AMD Chairman Jerry Sanders claimed that Intel’s “aggressive pricing and large, cash-backed marketing program” is part of an effort to overcome “performance deficiencies” of its Pentium 4 chip. 

Industry analysts said Intel is using its financial muscle and cost savings in its chip production to steal market share from AMD. 

AMD also is a major player in the flash memory chips that are used in wireless phones, a segment where sales also are slowing. 

“AMD is getting hit with a doubly whammy,” said analyst Tim Mahon of Credit Suisse First Boston. “And there is no catalyst out there where you can see these conditions changing for the next three to six months.” 

AMD’s stock fell 15 cents to $8.85 during trading Friday on the New York Stock Exchange. 

The past weeks have carried a mixed bag for tech companies. Big names such as Dell Computer and Cisco Systems affirmed their outlooks. Others such as Gateway, Compaq and JDS Uniphase have warned. 

Eric Rothdeutsch, an analyst at Robertson Stephens, said he does not expect a big rally for the tech industry any time soon. 

“I don’t think the fundamentals of the technology companies are such that the market is going to take off from here,” he said. “I think it’s still going to be very choppy, with lots of volatility.” 

f 

After two-and-a-half years of public hearings, workshops, and roundtable discussions, the final draft of the Berkeley General Plan has been sent to the City Council for one last round of public comment before approval. 

The General Plan is a document of goals, objectives and policies that govern a variety of city polices on issues such as land use, transportation and environmental management.  

The Planning Commission sent the document to the council in early July. Planning Commission Chair Rob Wrenn, Senior Planner Andrew Thomas and Housing Director Stephen Barton presented an overview of the plan to the council on Tuesday. 

Berkeley’s General Plan has not been updated since 1977 and Thomas said many of the goals of the 1977 plan remain in the new draft although they reflect updated methods, concepts and theories. 

The council will hold two General Plan public hearings, one on Oct. 30 and another on Nov. 6, after which the council is expected to approve the plan.  

The plan sets an ambitious goal to create 6,400 permanently affordable housing units over the next 20 years through acquisition of existing housing and new construction. Currently there are 1,600 units of affordable housing in Berkeley. The plan also reaffirms policies of dense infill development in the downtown area and along transit corridors.  

The plan requires a two-year moratorium on creating new downtown parking and requires better use of existing parking. The plan also promotes traffic calming design features such as sidewalk bulb-outs for residential neighborhoods. 

The plan set height limits of seven stories in the downtown core, an area bounded by University Avenue and Milvia, Kittredge, and Oxford streets. Other downtown areas are limited to five stories. The Civic Center area is limited to four stories. 

Thomas said, with the exception of two elements, the plan was unanimously approved by the nine-member Planning Commission.  

“Parking and rent control would have held up the entire plan if the commission had not voted on them separately,” he said. 

A recommendation that the city be required to maintain the existing level of parking in the downtown area failed by a vote of 4-4, with one abstention. And a recommendation to strike a clause making it city policy to support the repeal of Costa Hawkins, a state law that weakened rent control laws, was retained in the plan by a 5-4 vote. 

The council first authorized work on the plan in February, 1999. Since then, 12 city commissions, seven outside agencies and hundreds of citizens have participated in the development of the plan.  

Wrenn said Berkeley’s commissions and residents have a wide range of opinions that required the plan be adjusted and modified to accommodate as many perspectives as possible.  

“A lot of issues were discussed in the development of the General Plan and there were a lot of compromises on most of those issues,” Wrenn said.  

Parking, which business interests say is vital to the health of the downtown economy, is expected to be the most contentious issue discussed during the coming public hearings.  

“I’ve always believed we need to do three things downtown,” said Mayor Shirley Dean, “strengthen transit, better manage existing parking and build new parking.” 

Parking opponents, however, argue that creating more parking is expensive, creates more traffic and takes up valuable space that could be used for housing. 

Dean proposed a controversial plan for a 500-space parking garage underneath Martin Luther King Civic Center Park at her State of the City Address in May. 

Councilmember Kriss Worthington, who opposes new parking, said city money that goes into subsidizing parking garages should be rerouted to public transportation. 

“For the cost of destroying Civic Center Park with an underground parking garage you could provide the major employers with bus and BART passes for all their employees including university employees,” he said. 

Wrenn said one solution might be to encourage long-term parkers, such as people who park in garages near the university and downtown, to take public transportation, which would free up space for short-term parkers who drive downtown to frequent businesses. 

“One way to do that is to increase the cost of long-term parking,” Wrenn said. “When you get up to about $13 -14 a day to park, you start to think the bus isn’t so bad or maybe it might be nice to ride a bike to work once in a while.” 

Councilmember Dona Spring said she wants the plan to encourage affordable housing development by allowing higher buildings and denser construction for those who build deeply affordable housing. The state already gives density bonuses to developers who set aside 20 percent of their units to those who earn 80 percent of area’s average income. Spring said she would like to add even more density for developers who set aside units for families earning no more than 60 percent of the area’s average income. 

“It is my highest priority to provide affordable housing to people who are really struggling to get by,” she said.  

Councilmember Miriam Hawley said the city has to be careful where the money comes from to build or acquire new affordable housing. She said if tax payers are too heavily burdened, the cost will be passed along to Berkeley residents, which would make the area even more expensive to live in. “We have to be careful how many times we go to the well,” she said. 

Worthington said he would like the plan to add stronger language to encourage the university to build more student housing. He said university officials promised they would create hundreds of units in a long-range plan that was drafted in the 1980s. 

“We have to demand the university keep its word and the current language of the Draft General Plan doesn’t appear to go far enough to that end.”

Friday, Oct. 5

Lecture on Islam 

3:30 - 5 p.m. 

UC Berkeley 

100 Wheeler Hall 

Yusmarni Djalius, Head of American Studies at Universitas Andalas speaks about Indonesia: the worlds largest Islamic country. 

Saturday, Oct. 6

Free Sailboat Rides  

1 - 4 p.m. 

Cal Sailing Club 

Berkeley Marina 

The Cal Sailing Club, a nonprofit sailing and windsurfing cooperative, gives free rides on a first come, first served basis on the first full weekend of each month. Wear warm clothes and bring a change of clothes in case you get wet. Children must be at least 5 years old and must be accompanied by an adult. Visit www.cal-sailing.org  

Fire Suppression 

9 a.m. - noon 

Office of Emergency Services 

997 Cedar St. 

Free classes in Community Emergency Response Training (CERT). 981-5605 www.ci.berkeley.ca.us 

Poetry Reading 

3 - 5 p.m. 

South Branch Berkeley Public Library 

1901 Russell St. 

Bay Area Poets Coalition holds an open reading. 527-9905 

Sunday, Oct. 7

Animal Blessings 

10 a.m. 

All Souls Episcopal Parish 

2220 Cedar St. 

Celebration of the Feast of St. Francis allows pets to gather in the courtyard. Following the service, the public is invited for refreshments and a children’s zoo with a pony, chickens, rabbits and ferrets in the courtyard. 

West Berkeley Market 

11 a.m. - 5 p.m. 

University Avenue, between Third and Fourth Streets  

Family-oriented weekly market. Crafts, music, produce and specialty foods. 654-6346 

Monday, Oct. 8

Rite of Christian Initiation for Adults Inquiry Program 

7:30 p.m. 

St. Mary Magdalen Parish 

2005 Berryman St. 

A program to learn everything you wanted to know about the Catholic Church but never had the chance to ask. 526-4811 

Franciscanism, Understanding the Vision 

1 - 2 p.m. 

Franciscan School of Theology 

1712 Euclid Ave. 

Graduate Theological Union presents seminar exploring the lives, times and writings of and about Francis and Clare of Assisi.  

848-5232 

Tuesday, Oct. 9

Berkeley Farmers’ Market 

2-7 p.m. 

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

548-3333 

Berkeley Camera Club 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share your slides and prints with other photographers. Critiques by qualified judges. Monthly field trips.  

531-8664 

Free Early Music Group 

10 - 11:30 a.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Small group sings madrigals and other voice harmony every Tuesday.  

655-8863 

Town Hall Meeting 

4 - 6 p.m. 

South Berkeley Senior Center 

2939 Ellis St. 

The Affordable Housing Advocacy Project presents a discussion on the Berkeley Housing Authority Homeownership Program. 548-5803 

Wednesday, Oct. 10 

Amendment to Zoning Ordinance Meeting 

7 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

The Planning Commission will consider an amendment to the zoning ordinance to prohibit the conversions of existing building space from any other use to office use and the development of new office uses of 5000 square feet or more in the mixed use-light industrial zoning district.

The Daily Planet received this letter addressed to the mayor and City Council: 

That the City of Berkeley should consider suing the University of California with regard to development of the Berkeley campus’s “northeast quadrant” is at the same time encouraging and disheartening. 

Encouraging because the university is a juggernaut that, if not stopped, will have swallowed Berkeley whole.  

We’re all aware of the problems that accompany successful and growing institutions and the consequences to the City. Not least of which is the loss of tax revenue as more and more property is bought and leased.  

Costs in services that the city must provide and its taxpayers must bear are well known. Costs to residents in loss of quality of life may be considered by some too petty to mention, but they are considerable enough for many to consider leaving Berkeley. For these reasons, the threat of a lawsuit to enjoin the university from undertaking this latest assault on a large section of the town is encouraging. 

Yet it is disheartening because existing state law, as we have seen time and again, virtually assures defeat of any challenge to the university on issues related even distantly to land use. 

It is past time that the city recognize the threat to control of its fiscal future that is posed by the university’s exemption from taxation and local land-use regulations.  

It is time that the city of Berkeley reach out to and join hands with other jurisdictions similarly affected by university campuses in their midst: Santa Cruz, San Francisco, Davis, West Los Angeles... Together a state-wide coalition can and will exert the influence needed to change state law and eliminate the university’s immunity that is such a heavy and destructive burden on us as a city. 

Yes, the threat of a lawsuit may bring a few mitigations for the current project. But only changing state law can bring permanent relief.  

There are thousands of individuals waiting for the coalition leadership needed. I pray that our City will provide it.  

Sharon Entwistle 

Berkele

Rumitones, Stamenphones and Orbitones have no place alongside violins, trombones and tympanis in a traditional orchestra or band. Yet these experimental instruments, the creative offspring of sound sculptor Ela Lamblin, play their own strains of beautiful music. 

With a cello bow, Lamblin can elicit seven octaves of haunting musical tones from the strings of the Stamenphone. Lamblin and his wife and collaborator, choreographer Leah Mann, incorporate the instruments into performances that include dance, music and theater. For instance, “Siddhartha” features the Stamenphone, Mann and Lamblin suspended from the ceiling in an aerial dance. 

Lamblin and Mann will show off their unique brand of performance art at Oakland’s Open Arts Circle Friday and Saturday nights. The show, entitled “Rattle,” is billed as “whimsical movement theater to rattle your senses.” The two Seattle artists will share the stage with two longtime friends and choreographers. Oakland-based artist Cherie Carson will perform two pieces, including “Kiting,” an aerial bungee dance. Dana Marschalk of Moving in the Spirit Dance, which she founded with Mann, will also perform.  

Lamblin traces his musical odyssey to his childhood in the mountains of Southern Oregon, where he was home-schooled by his artist-teacher parents. His father told him that while he wouldn’t buy him any toys, he would help him build whatever he wanted. Though Lamblin admits that his father’s ban on store-bought toys didn’t last long, the seed of creativity was planted. 

Even today, his instruments and performances are playful and fanciful. The Pandemonium, a large metal sculpture that resembles a crude sailboat with a bare mast, is rocked back and forth by three dancers dressed like clowns. Ocean drums recreate the sounds of rolling waves, while a pump organ stands in for a boat motor. 

Yet these quirky creations do more than make joyful noise; they create soaring pieces of music worthy of any traditional instrument. That marriage between whimsy and serious art creates a happy surprise for audiences, Lamblin said. 

“A lot of these contraptions are very whimsical and funny looking; and a lot of them are even absurd,” Lamblin observed. “So, to be moved on this amazing musical level, it kind of catches people off guard. We owe a lot of our success to that; the ability to really surprise people.” 

Like the Stamenphone, many of Lamblin’s creations are inspired by nature. His giant Rumitone resembles a flower that is just beginning to open. According to Lamblin’s unique etymology, a Rumitone is a spinning percussion instrument. As it turns, he can play the different parts with mallets, bows, or his own breath. The giant Rumitone has a metal platform at its center big enough for two dancers. As it spins, the metal tubes that were once standing upright open outward like flower petals to reveal Mann and Lamblin like bumblebees in the middle. 

Their residency in the Bay Area is sponsored by the East Bay Community Foundation, which brought the pair down from Seattle to teach and perform. Earlier this week, Lamblin shared his expertise with students at the Crucible in southwest Berkeley. 

Lelavision, Mann and Lamblin’s performance troupe, has gained a following in Europe, where they have performed in Scotland’s popular Fringe Festival, among other venues. 

“The basis of fun and whimsy just leads itself to this approachable and enjoyable art that is certainly appealing and appropriate for people of all ages and backgrounds, not matter what country they’re from or what language they speak.” 

924 Gilman Street Oct 5: Subincision, Gary’s Agenda, Eugene (+ tba); Oct 6: Tight Brothers from Way Back When, Smash Your Face, Cherry Valence, Bare Bones; Oct 12: One Line Drawing, Funeral Dinner, Diefenbaker, Till 7 Years Pass Over Him; Oct 13: Dead and Gone, Cattle Decapitation, Vulgar Pigeons, Wormwood, Antagony; Most shows are $5 and start at 8 p.m. unless otherwise noted. 

Anna’s Oct. 5: Anna sings jazz standards, 10 p.m. Hideo Date Blues; Oct. 6: Ed Reed, 10 p.m. The Distones Jazz Sextet; Oct. 7: Danubius; Oct. 8: Renegade Sidemen, Calvin Keyes; Oct. 9: Open Mic; All shows begin at 8 p.m. 1801 University Ave. 849-ANNA www.annasbistro.com 

Ashkenaz Oct. 5: 9 p.m. Obeyjah, Winton Jarrett, Village Culture, $10-20; Oct. 6: 9 p.m. Tom Rigney and Flambeau, $11; Oct. 7: 7 p.m. Singer/Songwriter Showcase, $6-8; Oct 10: Billy Dunn & Bluesway; Oct 11: Grateful Dead DJ Night; Oct 12: Sambo NGO; Oct 13: Clinton Fearon, Dub Congress; Oct 14: Open Stage; Oct 16: Danubias; Oct 17: Cajun Cayotesl Oct 18: Greatful Dean DJ Night; Oct 19: Swing Session 1317 San Pablo Ave. 525-5054 www.ashkenaz.com 

Café de la Paz Poetry Nitro, performance showcase with open mike. All shows free, 7 - 10 p.m. 

Cal Performances Oct. 17 and 18: 8 p.m. Cesaria Evora, $24 - $36; Oct. 19: 8 p.m. Karnak, $18 - $30. Zellerbach Hall, UC Berkeley Campus, Bancroft Way at Telegraph, 642-0212, tickets@calperfs.berkeley.edu 

Eli’s Mile High Club every Friday, 10 p.m. Funky Fridays Conscious Dance Party with KPFA DJs Splif Skankin and Funky Man. $10. Doors open at 8 p.m. unless noted. 3629 Martin Luther King Jr. Way, Oakland. 655-6661 

Freight & Salvage Oct 5: Golden Bough; Oct 6: The Limeliters; Oct 7: Eddie From Ohio; Oct 8: All Nation Singers, Walter Ogi Johnson, Thunder; All shows start at 8 p.m. 1111 Addison St. 548-1761 www.freightandsalvage.com 

Jupiter Oct. 5: The Opinions of Dr. Abecus; Oct. 6: Crowsong; Oct. 9: Hydeus Kiatta Trio; Oct. 10: Cannonball with DJ Aspect; Oct. 11: Beatdown with DJ’s Delon, Yamu, and Add1; Oct. 12: Japonize Elephants; Oct. 13: J Dogs; All music starts at 8 p.m. 2181 Shattuck Ave. 843-7625 www.jupiterbeer.com  

La Peña Cultural Center Oct 6: 10:30 a.m. Gary Lapow, $4 Adults, $3 Children; Oct 13: 10:30 a.m. Derique- the high tech clown, $4 Adults, $3 Children; 3105 Shattuck Ave. 849-2568 www.lapena.org 

Live Oak Concerts Oct. 7: Tom Rose and Miles Graber; Oct. 14: A Harvest of Song, an evening of premiers of works, $8-10. Both shows start at 7:30 p.m. Berkeley Art Center, 1275 Walnut St.  

“The Complete Shostakovich String Quartets--Part One” Oct. 20: 10 a.m. Quartets V & VI. Performed by the prize-winning Alexander String Quartet with Robert Greenberg. $ 30. Julia Morgan Center for the Arts 2640 College Ave. 845-8542 www.juliamorgan.org. 

Henry Clement & his Gumbo Band and Posse Oct. 5: 9:45 p.m. A mixture of zydeco, blues, New Orleans rhumba-boogie, funk, and swamp-rock sounds. Eli’s Mile High Club, 3629 Martin Luther King, Jr. Way, Oakland 

Laszlo Varga & Friends Oct. 7: 4 p.m. Solo cello and chamber music. $10 general admission. Free under 18 and cellists. The Crowden School, 1475 Rose St.,  

559-6910 

Rebecca Riots Oct. 12: 7:30 p.m. $20-23. Montclair Women’s Cultural Arts Club, 1650 Mountain Blvd., Oakland. 339-1832 

Synchronicity Oct. 14: 2 p.m. Piano and percussion duo fuses classical and jazz music into a visual experience. $10 adult, $5 child. Julia Morgan Center for the Arts, 2640 College Ave. 845-8542 www.juliamorgan.org 

Shafqat Ali Khan Oct. 20: 8 p.m. Concert of classical Ragaa, Sufi, Urdu, Persian Ghazel, and other popular musical styles from India. $20 general admission, $15 students. Julia Morgan Center for the Arts, 2640 College Ave. 845-8542 www.juliamorgan.org 

“Murder Dressed in Satin” by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland. 239-2252 www.acteva.com/go/havefun 

“Twelfth Night” through Oct. 7, Tue. - Thurs. 7:30 p.m., Fri. & Sat. 8 p.m., Sun. 4 p.m. California Shakespeare Festival presents William Shakespeare’s comic tale of romance, loneliness, love and glory. Directed by Jonathan Moscone. $12 - $41. Bruns Memorial Amphitheater, Highway 24, Gateway Exit, one mile east of the Caldecott Tunnel. 548-9666 www.calshakes.org 

“Swanwhite” through Oct. 21: Thur. - Sat., 8 p.m., Sun. 7 p.m. A new translation of the Swedish Play that asks the question what good is romantic love, directed by Tom Clyde. $20, Sundays are “Pay What You Can.” Transparent Theater, 1901 Ashby Ave. 883-0305, www.virtuous.com 

“Orestes” Oct. 5 through Oct. 21: Fri. - Sat., 8 p.m., Sun. 2 p.m. An adaptation of the classical play by Euripides that incorporates passages inspired or taken from various 20th century texts. Written by Charles Mee, directed by Christopher Herold. $6-12. Zellerbach Playhouse on the UC Berkeley campus 642-8268 

“Approach” through Oct. 27: Thur. - Sat., 8 p.m. An examination of the search for intimacy as our most precious form of survival. Written by Susan Wiegand, directed by Katie Bales Frassinelli. $15 general admission, $10 students and seniors. Eighth Street Studio Theatre, 2525 Eighth St. 655-0813 www.shotgunplayers.org 

“36 Views” through Oct. 28: Tues. 8 p.m., Wed. 7 p.m., Thu. 8 p.m. w/ 2 p.m. matinee every other Thu., Fri. 8 p.m., Sat. 8 p.m. w/ 2 p.m. matinee every other Sat., Sun. 2 p.m., 8 p.m. Written by Naomi Lizuka, directed by Mark Wing-Davey. $10 - $54. Berkeley Repertory’s Roda Theatre, 2015 Addison St. 647-2949 www.berkeleyrep.org 

Fine Arts Cinema through Oct. 9 “Battleship Potemkin.” Directed by Sergei Eisenstein; 2451 Shattuck Ave 848-1143 

“Lisa Picard is Famous” Oct. 12-19: Mocumentary chronicles New York actress who hopes to get more than a fleeting taste of fame when a racy cereal commercial brings her unexpected national notoriety. Shattuck Cinemas, 2230 Shattuck Ave. 843-3456 

“Squared Triangle” through Oct. 5: noon - 6 p.m. A minimalist art exhibit featuring three Bay Area artists working in different mediums while achieving the same elegant simplicity. The Crucible, 1036 Ashby Ave. 843-5511 www.thecrucible.com 

“Inside Editions” through Oct. 12: Nine printmakers exhibit their work. 10 a.m. - 5 p.m. Tue. - Fri. Free. Kala Art Insitute, 1060 Heinz Ave. 549-2977 kala@kala.org 

“Census 2000: Asian Pacific Islander Americans” through Oct. 13; Wed. - Sat. 11 a.m. - 5 p.m.; Asian Pacific Islander American artists in roughly the demographic proportions indicated by the recent census. Free. Pro Arts, 461 Ninth St., Oakland 763-9470  

“MWP Perspectives” Jon Orvik: One artist’s journey. Through Oct. 27, Tues. - Fri. 12 - 5 p.m., Sat. & Sun. 12 - 4 p.m. Solo artist exhibiting his journey through metal, wood and paint. Adapt Gallery and Design, 2834 College Ave. 649-8501 www.adaptgallery.com  

“50 Years of Photography in Japan 1951 - 2001” through Nov. 5: An exhibition from The Yomiuri Shimbun, the world’s largest daily newspaper with a national morning circulation of 10,300,000. Photographs of work, love, community, culture and disasters of Japan as seen by Japanese news photographers. Opening Reception Sept. 5: 6 - 8 p.m. open to the public; Mon. - Fri. 8 a.m. - 6 p.m. U.C. Berkeley, Graduate School of Journalism, North Gate Hall, Hearst and Euclid. Free. 642-3383 

“Jesus, This is Your Life - Stories and Pictures by Kids” through Nov. 16: California children, ages four through twelve, from diverse backgrounds present original artwork, accompanied by a story written by the artist. Mon. - Thur. 8:30 a.m. -10 p.m., Fri. 8:30 a.m. - 6 p.m., Sat. 10 a.m. - 6 p.m., Sun. 12 p.m. - 7 p.m. Flora Lamson Hewlett Library, 2400 Ridge Rd. 649-2541. 

“Changing the World, Building New Lives: 1970s photographs of Lesbians, Feminists, Union Women, Disability Activists and their Supporters,” Sept. 15 through Nov. 17: An exhibit of black and white photographs by Oakland photographer Cathy Cade, who captured the interrelationships of the different struggles for justice and social change. Gallery Hours, Mon. - Fri. 8:30 a.m. - 6:30 p.m., Sat. 9 a.m. - 3 p.m. Photolab Gallery, 2235 Fifth St. Free. 644-1400 cathycade@mindspring.com 

“The Whole World’s Watching: Peace and Social Justice Movements of the 1960s and 1970s” through Dec. 16: A documentary photo exhibition which examines the rich history of the social movements of the 1960’s and 1970’s. Wed. - Sun., noon - 5 p.m. Berkeley Art Center, 1275 Walnut St., Live Oak Park. Free.  

644-6893 

“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 Botticelli’s “Primavera.” Ongoing. Call ahead for hours. Atelier 9, 2028 Ninth St. (at Addison) 841-4210 or visit  

www.atelier9.com 

Boadecia’s Books Oct. 5: Mark Pritchard reads from “How I Adore You”; Oct 6: Terry Ryan reads from “The Prize Winner of Defiance, Ohio: How My Mother Raised 10 Kids on 25 words or Less”; Oct. 12: Susan Gaines reads from her novel “Carbon Dream”; Oct. 18: Patricia Nell Warren reads from her novel “The Wild Man”, Oct. 22: J.M. Redmann reads from “Death By the Riverside;” All events start at 7:30 p.m. unless noted otherwise. All events are free. 398 Colusa Ave. 559-9184 www.bookpride.com 

Cody’s on Fourth Street Oct 5: 7 p.m. Glen Davis Gold reads from “Carter Beats the Devil;” Oct 12: Cody’s For Kids- Rosemary Wells and Bunny Party; Harruet Lerber surveys “The Dance of Connection: how to Talk to Someone When You’re Mad, Hurt, Scared, Frustrated, Insulted Betrayed or Desperate;” Michael Chabon talks about “The Amazing Adventures of Kavalier & Clay;” Studs Terkel reads from “Will the Circle be Unbroken? Reflections on Death, Rebirth, and Hunger for Faith;” Oct 18: Tamora Pierce talks about “Protector of the Small;” 1730 Fourth St. 559-9500 

Cody’s on Telegraph Avenue Oct 5: Victor Villasenor reads from “Thirteen Senses;” Oct 9: Christine Finn describes “Artifacts: An Archaeologis’s Year in Silicon Valley;” Oct 12: Elizabeth Royte examines “The Tapir’s Morning Bath: Solving the Mysteries of the Tropical Rainforest;” Oct 15: Amir Aczel poses “The Riddle of the Compass: The Invention That Changed the World;” Oct 16: Kip Fulbeck talks about “Paper Bullets;” Oct 18: Suzanne Antoneta and Micah Perks talk about “Body Toxic: An Environmental Memoir” and “Pagan Time: An American Childhood;” All shows at 7:30 p.m.; 2454 Telegraph Ave.  

845-7852 

Cody’s Other Venues Oct 7: 7 p.m. Coleman Barks- The Soul of Rumi First Congregational Church of Berkeley 2345 Dana. 

Coffee Mill Poetry Series Oct. 16: 7 - 9 p.m. Steve Arntsen and Kathleen Dunbar followed by open mike reading. 3363 Grand Ave., Oakland 465-3935 ksdgk@earthlink.net 

Eastwind Books of Berkeley Sept. 29: 7 p.m. Kip Fulbeck reads from his first novel, “Paper Bullets”; Oct. 13: Leonard Chang reads from “Over the Shoulder”; Oct. 20: Miriam Ching Louie reads from “Sweatshop Warriors: Immigrant Women Workers Take on the Global Factory”; 2066 University Ave. 548-2350 

Easy Going Travel Shop & Bookstore Sept. 20: 7:30 p.m. Antarctica & The Nature of Penguins, An evening with Jonathan Chester; Oct 2: 7:30 p.m. “Dancing with the Witchdoctor: One Woman’s Adventure in Africa” by Kelly James. 1385 Shattuck Ave. 843-3533 

Lunch Poems reading Series Oct 4: 12:10 p.m. Ishmael Reed; Morrison Libary in Doe Library at UC Berkeley. Free 642-0137 http://www.berkeley.edu/calendar/events/poems/ 

Spasso Sept. 10: Sharron Jones-Reid, Fruit of the Spirit poets, acoustic musicians, comedians, rappers, performance artists, writers. All welcome. 6021 College Ave. Free admission. 

Michael Parentini Oct 4: 7:30 p.m. Discusses and signs copies of his latest book “To Kill a Nation” at Niebyl-Proctor Marxist Library 6501 Telegraph Ave 595-7417 

Oct 10: 7:30 p.m. Lucille Bellucci, authorof “The Year of the Rat” visits Barnes & Noble Booksellers. 2352 Shattuck Ave 

Susan Griffin Oct. 12: 7 - 10 p.m. Presents slide show and discusses her latest book “The Book of Courtesans: A Catalogue of Their Virtues”. $10 refundable with book purchase. Gaia Arts and Cultural Center, 2116 Allston Way 848-4242  

Tours 

Lawrence Berkeley National Laboratory Fridays 9:30 - 11:45 a.m. or by appointment. Call ahead to make reservations. Free. University of California, Berkeley. 486-4387 

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  

Museums 

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  

UC Berkeley Museum of Paleontology Lobby, Valley Life Sciences Building, UC Berkeley “Tyrannosaurus Rex,” ongoing. A 20 foot 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 will close its exhibition galleries for renovation. It will reopen in early 2002. On View until Oct. 1 : “Ishi and the Invention of Yahi Culture.” “Sites Along the Nile: Rescuing Ancient Egypt.” “The Art of Research: Nelson Graburn and the Aesthetics of Inuit Sculpture.” “Tzintzuntzan, Mexico: Photographs by George Foster.” $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 Avenue. 643-7648 or www.qal.berkeley.edu/~hearst/ 

University of California Berkeley Art Museum Pacific Film Archive has reopened after its summer-long seismic retrofit. “Martin Puryear: Sculpture of the 1990s” through Jan. 13; “The Dream of the Audience: Theresa Hak Kyung Cha (1951 - 1982)” through Dec. 16; “Face of Buddha: Sculpture from India, China, Japan, and Southeast Asia” ongoing rotation through 2003; “Matrix 194: Jessica Bronson, Heaps, layers, and curls” Sept. 16 through Nov. 11; “Matrix 192: Ceal Floyer 37’4”” Sept. 16 through Nov. 11; Wed., Fri., Sat., Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m., PFA Theater, 2575 Bancroft Way; Museum Galleries 2626 Bancroft Way; 642-0808 www.bampfa.berkeley.edu 

Lawrence Hall of Science “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. Space Weather Exhibit now - Sept. 2; now - Sept. 9 Science in Toyland; 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  

Oakland Museum of California “Half Past Autumn: The Art of Gordon Parks,” through Sept. 23; Wednesday - Saturday, 10 a.m. - 5 p.m., Sunday, noon - 5 p.m., Closed Monday and Tuesday. $6 general; $4 youths (6-17), seniors and students with ID. Free for museum members and children 5 and under. Free admission the second Sunday of the month. 10th & Oak streets, Oakland. 238-2200 www.museum.org 

Send arts events two weeks in advance to Calendar@berkeleydailyplanet.net, 2076 University, Berkeley 94704 or fax to 841-5694.

Prep of the week 

Bridget Duffy – St. Mary’s 

One of California’s top high school cross-country runners ran the first mile of her career at an unlikely place – volleyball practice. 

It began three years ago when Bridget Duffy, then a St. Mary’s High freshman, sprinted past her volleyball teammates at an early-season workout. Her coach at the time, Bill Boselli, tipped-off the cross-country coaches to Duffy’s speed and nudged her into trying out for the team. 

It didn’t take much coercing. Even though Duffy, now 17, knew nothing about cross-country running at the time, she thought it must be better than spending every afternoon in a hot gymnasium.  

“I didn’t even like volleyball,” she says. “I just wanted to play a sport.”  

Shortly after her unofficial tryout, a St. Mary’s cross-country coach ran with Duffy, saw the freshman’s potential and asked her to be a part of the team.  

“It’s turned out better than I could have imagined,” Duffy says.  

She soon focused her full attention on St. Mary’s fledgling girls’ cross-country program. In 1999, its fourth year of existence and Duffy’s sophomore season, the team captured the North Coast Section title. That same year, Duffy placed first in the NCS competition and was runner-up at the state championship meet. 

Last season was a proverbial rebuilding year for St. Mary’s after the team lost four of its varsity runners. Duffy continued to dominate as a junior, however, winning her second straight NCS title and this time taking first at state with a time of 18:15. 

Now hundreds of miles removed from that first volleyball practice, Duffy is not only the defending state champion in Division IV cross-country but also one of the nation’s top high school prospects. 

Although Duffy’s college plans are still undecided, Division I schools such as Cal, Duke, UCLA and Oregon are recruiting her. She’d like to attend a school with a strong cross-country program, but it’s not essential. She’s more interested in getting her degree and a career in advertising or marketing. 

Despite her numerous athletic achievements, it was in Duffy’s very first race of her freshman year that St. Mary’s head coach Dennis Mohun saw the 5-foot-2 runner’s overwhelming competitiveness and team spirit. Earning the nickname “Bridget Toughy” for her strong mental attitude, Duffy’s first race included more than 150 runners. Duffy outran all but a handful. Even though she finished near the top of the field, she wasn’t satisfied. 

After playing traditional team sports such as soccer – and yes, even volleyball – while growing up in Oakland, Duffy didn’t immediately understand the rarity of her performance during that first race. 

“In other sports you only think of the winner,” she says. “But in cross-country, you can’t judge someone’s performance by asking them what they placed. It’s more about time and personal goals.” 

Personal accomplishments aside, Duffy’s favorite aspect of cross-country running is the ability to work together as a team. 

“I don’t think I’d be doing this sport if it was individual,” Duffy says. “You definitely need your team there and the group of girls I run with every day is great and it’s a lot of fun.” 

St. Mary’s is building on a foundation of three returning seniors – Duffy, Chelsea Torgersen-Bell and Amy Brennick – who understand that this year’s cross-country team is theirs to lead, says Mohun. The goals they set will not only benefit themselves but also the rest of the runners. 

“Bridget won state last year, but as a team we thought we could have been a lot closer (than 15th),” Mohun says. “So now we’re focusing on building team chemistry.”  

In addition to anchoring cross-country, Duffy also competes in the 1,600- and 3,200-meter events for St. Mary’s track team.  

If there’s pressure in being the defending state champion, Duffy doesn’t show it. She seems more concerned about not letting her team down than in proving her individual talent. This year Duffy’s desire for personal greatness is overshadowed by her hunger to see the team fulfill its potential and achieve its goals. 

“I don’t want to go out there and jog and disappoint my teammates,” she says. “I know they’re going to give me everything they’ve got, so I’ve got to do that for them too.” 

When she graduates, Duffy wants to be remembered as more than just a great runner. She wants to be known as a good teammate who helped establish a solid cross-country program at St. Mary’s. 

“Everything should be done with heart,” she says. “If you don’t put your heart into it, then you’re not going to get much out of it.”

Berkeley Unified School District Superintendent Michele Lawrence told the school board Wednesday that staff layoffs or a hiring freeze may be necessary by the end of 2001 to protect the district’s finances from revenue shortfalls due to state budget constraints and deficits expected to be uncovered in this year’s trouble-plagued budget. 

“Christmas is not always the best time to talk about reductions,” the superintendent told the board, “but nonetheless, I think we have to start preparing the organization for the likelihood of that.” 

Jerry Kurr, one of two financial consultants to the district during a transition period between associate supervisors for business services, addressed the board and said the district would need to contemplate an overall budget reduction “as early as December” – and that the shortfalls driving this would be “in addition to the economic impacts” that threaten reduced education spending at the state and federal levels. 

The real state of the district’s finances have been obscured by an antiquated data-processing system that the board voted to replace Wednesday night with a $79,000 Hewlett Packard package.  

“What Michele Lawrence is preparing the board and the public for is that the budget we passed, which we thought was balanced may in fact not be,” said Doran. “The extent of the inaccuracy, we don’t know. But if it’s inaccurate, what it would mean is we would be dipping into our 3 percent reserve to pay ongoing bills. And the cuts would be made in order to keep our reserve, which the state says you have to do.”  

In a wide-ranging report on the district’s efforts to clear up the months-old turmoil in its accounting, Lawrence and Kurr also distributed a letter from the Alameda County Education Office, dated Sept. 28, that officially “disapproved” Berkeley’s 2000-2001 budget and called for intervention from a state-mandated oversight committee, the Fiscal Crisis and Management Assistance Team or FCMAT. 

“As of this date, (the county) continues to have concerns regarding the fiscal solvency of the District for the current and two subsequent years,” the letter said. 

The rejection notice was not a surprise. The district was first notified that its budget did not meet state standards on Aug. 15 and was given until Sept. 8 to rectify the problems. School administrators acknowledged at that time they could not meet that deadline and had negotiated with the county to bring in FCMAT rather than a group from Alameda County. FCMAT, a non-profit financial consultancy currently working in 16 California school districts, was set up under state legislation and is based at the Kern County Office of Education. 

“We thought they would have more expertise than the county,” said Dr. David Gomez, associate superintendent of administrative services.  

When asked what its services could cost the district, Tom Henry, the agency’s chief executive, said this would depend on the length and degree of its consultancy. 

“I’d just be guessing at this point,” Henry said, adding that the state appropriates $2 million to FCMAT and districts only pay their on-site costs.  

Gomez confirmed that the district anticipated lower revenues – due to higher energy costs and the probable absence of the state’s normal cost-of-living adjustment (COLA) – but that it was too soon to say where the budget cuts would fall because the district had just begun setting out next year’s priorities. 

He listed this year’s priorities as setting up the new business and accounting system, safety, communications, and accountability and evaluation of personnel. Next year’s priorities, he said, had not yet begun to take shape. 

“We probably have to make some hard choices for next year,” Gomez said.  

“I would think that not one board member would vote for a layoff, but it may mean a hiring freeze so that if people do leave, we don’t replace them,” said board president Terry Doran. 

“(Lawrence) is suggesting, based on the preliminary look at our budget, that we may in fact be in a better position if we start that process sooner.” 

On a more upbeat note, Kurr told the board that he expected to close the books on the 2000-2001 fiscal year by the end of this month, which would provide a clean slate upon which to build an approveable budget for the fiscal year currently in progress. He said the financial office would also have firm data on staffing placements by that time. 

“If you’ve got a good handle on that, you have a good handle on 85 to 90 percent of the costs in the district,” he said. 

“We’ll sort through and balance our budget,” said Shirley Issel, the board vice president. “We’re not going to have a takeover by the state, which is the really serious situation that you want to avoid.” 

Editor: 

I was saddened and dismayed to see the front page article of Wednesday’s Berkeley Daily Planet concerning Berkeley High’s Common Ground program.  

Saddened because, though Common Ground is filled with great kids who, along with their teachers are trying to do something incredibly positive and innovative for students at Berkeley High, the article presents the stereotypical Berkeley High student – loud and destructive.  

My experience with students in this program is quite different. I have witnessed the selfless giving of many of its students as they spend their lunchtimes and weekends planning for Common Ground events and activities.  

I have seen the blossoming of a beautiful organic garden on campus planned by the students and teachers of Common Ground where once there were only weeds and dirt. I have seen the exhilaration of students after they have returned from a six day snow camping trip in the High Sierras with the teachers of Common Ground.  

I have witnessed the development of young women and young men into thoughtful and caring citizens, aware of the world around them and their impact on it. This is my experience with the students of Common Ground. 

With very few resources and amazing dedication, the teachers in this new program are starting something very exciting and very special at Berkeley High School. The amount of time and energy that they spend with the students and with each other planning a new curriculum and a new way of learning is unbelievable. I have never seen a more dedicated group of teachers.  

Both of my children are students in the Common Ground program and I cannot imagine being a happier parent of two teenagers at Berkeley High. Though both attended private school for grades K-8, both of them have told me that the teachers in Common Ground are the best teachers they have ever had in school.  

I am thrilled to hear them talk about their experiences at Berkeley High in such a positive way. Yes, there have been some issues, but generally, I believe, they are a result of the newness of the program. Perhaps, if anything, the teachers err on the side of idealism. I would much rather have that than have them overcome by cynicism and hopelessness. 

I am also dismayed because, as a newspaper, it is your duty to provide information on a factual basis, not simply insinuations and allegations. The statement that “no arrests were made,” insinuates that perhaps the students were engaging in activities that might have required arrests. This stereotyping of Berkeley High students does nothing to promote support of our hardworking teachers and parents in this community, to say nothing of the students.  

There are several facts that definitely contributed to an already challenging situation. First, you can imagine what the scene must have been like for the entire group when they were told that they could not move into their cabins with their gear in the early afternoon as promised.  

I am sure that the entire plan for the afternoon had to be changed. Not an easy thing to do with 350 people. Then, they were told they were not going to be able to have their evening activity either, because the amphitheatre was not going to be available.  

Whatever the resulting behavior of the students was, I know that the circumstances must not have been easy.  

I hope that your next article concerning this program or Berkeley High in general presents a more balanced view of their students and teachers. Reporting only the negative does not serve to build community or support, two things that the Berkeley schools very much need. 

Felicia Woytak 

Berkeley High Parent

Hornets sweep doubles, stay undefeated in league play 

The Berkeley High girls’ tennis team took their first loss on Thursday, falling to Alameda, 5-2, at Scenic Courts in Berkeley. 

Although Berkeley’s number-one singles player, Megan Sweeney, easily defeated her opponent, the ’Jackets could only muster one other victory and fell to 1-1 on the year. Allison Headley won at number-three singles for Berkeley’s other win. 

Sweeney, a sophomore, is in her second season as Berkeley’s top player. She simply overpowered her opponent, Jessica Hanley, with her baseline game, winning 6-1, 6-3. Ranked 13th in Northern California in her age group last year, Sweeney is one of the top players in the ACCAL. 

Headley defeated Regina Leung 6-4, 6-1. 

The most surprising loss for the ’Jackets came at number-two singles, as Monique Le lost to Lisa Hathaway. Le was the aggressor for nearly the entire match, but was blowing hot and cold all afternoon. After dropping the first set, 6-0, thanks to a large number of unforced errors, Le came back to take a 5-1 lead in the second. But the momentum swung suddenly in the athletic Hathaway’s favor as Le started missing her shots again. Hathaway’s quickness and long reach allowed her to return most of Le’s shots, although with little power. Le fell apart, losing six straight games to lose the set at 7-5, giving Hathaway the win. 

“Monique started slow, but I thought she had it going in the second set. I don’t know what happened,” Berkeley head coach Dan Seguin said. “When she starts to go bad, she’s got to do something to slow it down, come talk to me or something.” 

Alameda’s Cynthia Lee beat Carly Kleiman at number-four singles, giving the Hornets (5-5 overall, 4-0 ACCAL) a split in the singles competition. That left the deciding matches up to the doubles teams, and Alameda had a distinct advantage. Berkeley is not a deep team this year, thanks to three seniors who chose not to play despite having success last season as juniors. 

“If I could get everyone out here who can play, we would win the league,” Seguin said. “But I lost two of my singles players, and that carries down to the doubles.” 

Alameda made quick work of the ’Jackets in the final three matches, winning them all in straight sets. Top team Lindsay Corica and Liz Lan beat Violet Leher and Adi Nevo 6-3, 6-2, while Amanda Hanley and Alice Gong clinched the win for the Hornets by defeating Gail Nipitnura and Lilly Schneider, 6-0, 6-1. The final match pitted Nicole Chang and Linda Leung against Berkeley’s Justine Osborne and Rachel Leibman, with the Alameda team winning, 6-1, 6-2. 

Alameda dealt the Jackets their only two league losses last year, going undefeated and winning the ACCAL. Seguin said the same scenario could play out this season as well.

•See related story, “Domestic Violence,” Page 3. 

Despite a spate of rumors to the contrary, Berkeley’s Family Violence Law Center will not be closing its doors. 

FVLC Executive Director, Julia Arno said on Thursday that she was concerned when she heard that many people thought the center would be moving to Oakland.  

“Rumors come and go, but the Family Violence Law Center is still in Berkeley, and will remain there,” said Arno. 

The center, which was founded in 1978, runs a number of programs to assist the victims of domestic violence, including help with acquiring restraining orders, regular support groups and an emergency hotline. 

Arno said that she suspected rumors about the center’s move began when people saw a moving truck outside their Berkeley office. Several weeks ago, the FVLC opened another, temporary office at the old Oakland Army Base and several staff members are now based there. 

But, she said, the new facility does not mean that the old one will close. The program, which has grown rapidly in the last few years, simply needs more room.  

“The only reason we’ve moved is that we outgrew our current space,” said Arno. “But we own the Berkeley building, and we are deeply committed to serving Berkeley. We will always have space there.” 

The FVLC said that in the year 2000 alone, it served 35 percent more families than it did in 1999. 

In addition to legal help, the FVLC also runs a number of innovative programs that focus on domestic violence prevention. The center is one of the partners in a coalition of agencies that teaches students in the Oakland public school system to recognize patterns and symptoms of domestic violence. 

The center also trains police officers in Berkeley and Oakland to deal more effectively in cases of domestic violence, and helps women who leave their abusers to find new employment and housing. 

In a pamphlet put out by the FVLC, one victim of domestic violence credits the organization with saving her from living on the streets. 

“At the time I sought the center’s help I was sleeping on the floor at the place where I worked,” she wrote. “I could not afford to maintain the cost of alternative shelter, nor could I return home, because I was terrified by the extent of my husband’s violence. If I had not been able to obtain help from the Law Center, I have no doubt that I would have eventually become homeless.” 

Miriam Wong, coordinator of the Latina Women's Domestic Violence Support Group, said that the services provided by the FVLC in Alameda county, and especially in Berkeley, are crucial – especially given the dearth of women’s shelters. 

“It’s very hard for women to get into shelters – there just isn’t enough space, especially in Berkeley,” she said. 

Wong, who still runs a weekly support group for Latina women at the Berkeley site, said that in many cases, shelters and hotlines alone cannot meet the needs of women who are victims of domestic violence. Often, a more in-depth approach, like that provided by the FVLC, is needed. 

She said that women who come to her support group often do so without their husband’s knowledge. They are continuing victims of violence, and it takes them time to realize that they have the power to end it.  

“We talk about domestic violence, about how it has affected these women, and we also talk about related issues, like child abuse and mental health,” Wong said. “After a while, these women form clans, and it gives them the strength to take action to break the cycle.” 

The Family Violence Law Center’s emergency helpline is 540-5354. Its regular business number is 540-5370.

Editor: 

So the City wants to ban the Bancroft food carts (article 10/2). 

What’s the matter with this town? We are dragging our governmental feet about affordable housing. Bus shelters are already up in much of the East Bay, but not in Berkeley. Now a ban on food carts. Are we trying to turn this town into some kind of corporate plastic enclave? 

On Sunday, we saw how Berkeley we can be, and it was great! But maybe this was just for show. With actual city government policy, we’re trying to stamp out individuality, let alone any “funkiness.” I just realized that Berkeley has two McDonalds, and actually three Starbucks. 

Can’t we have a few food carts? 

What’s next – shutting down the street booths on Telegraph? Can’t we just be Berkeley, even a little bit? Maybe that’s the reason for the long delay in putting up the Berkeley bus shelters. The city thinks bus shelters encourage all those funky people who ride the bus, instead of clog streets with their cars like they should, being corporate plastic citizens. 

Steve Geller 

Berkeley

When Jim Sharp moved into his home 13 years ago, its location two blocks from the UC Berkeley campus was part of its charm. Times have changed. Now his house is only one block from campus, and he speaks of the “blight” that university expansion brings to his neighborhood. 

Sharp has been one of the most vocal critics of UC Berkeley's plan to expand and renovate several buildings on the northeast corner of campus, called the Northeast Quadrant Science and Safety Project. At the urging of Sharp and other community members, the Berkeley City Council decided Tuesday to hire a lawyer to advise them on challenging the university's draft Environmental Impact Report for the project. 

The NEQSS project plans to replace seismically unstable Stanley Hall and Davis Hall North with larger facilities, and add a new building next to Soda Hall. The construction, planned for 2002 to 2005, would add 244,000 square feet and 400 new employees to the area. 

Community opponents to the project claimed that the draft EIR fails to address important environmental impacts of the construction and the new buildings. 

Marie Felde, director of media relations for UC Berkeley, denied that the draft Environmental Impact Report is deficient in the areas suggested. “We have worked very hard to address the potential impacts that the community has raised,” she said, “including extending the public comment period well beyond what is required by the state.” 

The new buildings will house offices, labs and teaching space, including portions of the new Institute for Bioengineering, Biotechnology and Quantitative Biomedical Research, a partnership with UC San Francisco, UC Santa Cruz, and corporations such as Chiron in Emeryville. 

New labs cause concern 

The fact that the buildings will house science facilities, especially state-of-the-art new biotech research labs, is a cause for concern for many residents. Pam Sihvola, co-chair of the Committee to Minimize Toxic Waste, cited concerns that the buildings are too near the Hayward Earthquake Fault. “There is a very, very real danger,” she said, “I think whole area should not be used for any kind of building, and certainly not for operations using hazardous and radioactive materials.” 

L.A. Wood, a commissioner on the Community Environmental Advisory Commission, is convinced that the new buildings will house hazardous and radioactive experiments performed by the Lawrence Berkeley National Laboratory. He referred to a “stealth lab” of LBNL operations performed on campus that are not governed by university and state regulations, and expressed concern that LBNL would be “coming down to Stanley Hall, making a mega-radiation complex like you couldn't imagine.” Wood wants the university to disclose exactly what the new facilities would be used for, how much space would be occupied by LBNL, and what chemicals and radioisotopes would be in use. 

What Wood, Sihvola, and others would really like to see is research labs using hazardous or radioactive materials relocated to remote facilities, away from urban and residential areas. 

Only 9 percent LBNL on campus 

Rich McClure, a Facilities Planner at Lawrence Berkeley National Lab said LBNL has no plans to have significant facilities in the new buildings. Currently 9 percent of lab space is on the university campus, mostly in Donner and Calvin Labs. 

Many of the opponents of the northeast quadrant expansion were also involved in the outcry against LBNL’s National Tritium Labeling Facility, which will close in December. 

Another major concern for project opponents is the size of the new facilities, which some neighbors said will strain an area already suffering from traffic congestion and noise problems. Sharp said that one neighbor wears earplugs and earmuffs to cut out the noise of current construction projects on Hearst Avenue. 

Mayor Shirley Dean noted that the NEQSS construction proposal is “one of the biggest projects that has come before the council, and there is rightfully some nervousness about it.”  

“We need to be very, very careful,” she said, “because of the size of this project, and because of things we hear are waiting around the corner.”  

One of those things is “Tidal Wave II,” the influx of 4,000 more students plus associated faculty and staff the university expects to see in the coming decade. 

University expansion has been a sore point in Berkeley for decades. Sharp, however, doesn't think this is just another one of the university's growing pains. “This is different,” he said. “It's lot more industrial research and development, it's like part of the university morphing into an industrial park.” 

Wood agreed. “I believe what they want to build toward is more like a biotech industrial complex,” he said, “I believe they've lost sight of the students.” 

Some call for legislative action 

The expansion project has led some opponents to advocate that the city seek state legislative action to block further university growth, as was done in San Francisco. That is something they city is talking about, commented Mayor Dean, but no action has been taken in that direction. 

“I think the problem is, the campus is maxed out - if it grows, the city shrinks. There are some people hoping the city of Berkeley would lead other cities who are impacted by institutional growth,” said Sharp, who supports legislative restrictions on university expansion. 

Sharp also suggested that the city needs to better monitor university impacts on city services, and reassess whether enough money is being collected for services the city provides for the campus. He proposed a neighborhood mitigation fund to compensate areas impacted by university growth, and more discussion of the livability of neighboring areas. 

“I'm hoping this is a wake-up call that we’re hearing from the council,” said Sharp, “but time will tell.” 

A spokesperson for the city attorney's office noted that the plan to hire outside counsel is still in its initial stages, and was unable to say who would be hired or what issues that person would be addressing. 

OAKLAND –  

Is someone you love hitting you? Hurting you? Threatening you? Putting you down? 

It is a crime for anyone to hit or hurt you. Domestic violence can occur between people who are married, separated, dating, have dated in the past or are living together. If not stopped, the violence tends to get worse and happen more often. 

That’s the message the Alameda-Contra Costa Public Health Coalition, a group of physicians and advocates working to prevent domestic violence, brought to a Thursday press conference at the Alameda-Contra Costa Medical Association on Claremont Avenue. 

New efforts to work with physicians and police are making a difference, according to East Bay shelter providers. A Safe Place in Oakland was one of the lead agencies that began outreach five years ago when the Alameda County Medical Response Project received a two-year grant. 

A Safe Place executive director Carolyn Russell said they went into hospitals and helped set up protocols for reporting and screening. “It has seriously increased the number of referrals we get,” Russell said, adding that help from hospitals and police departments is key to reaching battered women. 

“We’re working with medical facilities and law enforcement agencies because those are the institutions that victims tend to go to,” Russell said. “Most battered women do not come seeking shelter. They come seeking treatment.” 

Since 1996, Alta Bates Medical Center in Berkeley has screened emergency room patients for both physical and verbal abuse, according to Brenda Tiernan, a nurse at the hospital. 

“We have a protocol,” Tiernan said. “We do screening and ask certain questions.” 

Although physicians in California have been required to report incidents of domestic violence since it was mandated by the Attorney General in 1995, public health officials say many physicians still lack training to identify abuse. 

Many physicians don’t address the issue simply because they don’t know what to do and feel uncomfortable handling the situation, said Dr. Laurie Droughan, an internist at Mt. Diablo Hospital in Concord. 

The aim of the press briefing was to introduce a new tool kit to help physicians work with victims of domestic violence. The kit includes referrals to shelters and support networks and will be distributed to 2,200 physicians and 25 hospitals in Alameda and Contra Costa counties. 

“Law enforcement agencies and medical personnel are first line for these people,” said Droughan, herself a survivor of domestic violence. “If you don’t ask the right questions as a physician, you will never even know.” 

Many physicians tell Droughan they don’t see victims of domestic violence in their practices. But Droughan disputes this claim. 

“I can say to them, ‘Yes, you have seen these women, you just haven’t identified them,’” she said. 

The first initiative of the Alameda-Contra Costa Public Health Coalition, the tool kit includes educational posters to be placed in examination rooms, small resource sheets that can be discreetly given to victims, a screening guide for medical personnel, and a 16-page Domestic Violence Resource Guide. 

In 1999, more than 14,000 domestic violence related phone calls were made to East Bay law enforcement agencies, said coalition president Dr. Sharon Drager, citing reports from the California Department of Justice. 

“There is much anxiety on the part of both patients and caregivers to discuss the issue of domestic violence. But it is a public health concern that cannot be ignored,” said Drager. 

MANHATTAN BEACH — Gov. Gray Davis was on hand Thursday as National Guard troops trained for their mission protecting the state’s airports, and he told them their presence will restore the public’s confidence in flying after the Sept. 11 terrorist attacks. 

“We can never again let American planes be used as a tool of terror,” Davis told the guard members training to protect Los Angeles International Airport. 

“Secondly, your presence at California airports will restore confidence in the traveling public, and we need to get on with our lives.” 

The approximately 120 military personnel were completing two days of training in conflict resolution and baggage inspection on the eve of taking up assignments at Los Angeles International Airport on Friday. 

The program will initially place California National Guard members at Los Angeles and San Francisco international airports beginning Friday, expanding to 28 other airports across the state over the next three weeks. 

Their primary duties will be to assist regular airport security personnel and serve as back up, handling any emergencies that may arise, said Maj. Victor Shermer. 

“This is their job. They’re all fully trained to help wherever they’re needed,” he said. 

The guardsmen are expected to remain at the airports for four to six months. 

WEST PALM BEACH, Fla. — A 63-year-old Florida man lay near death Thursday with an extremely rare and lethal form of anthrax that could be a weapon in the hands of terrorists. U.S. health officials said there was no evidence of terrorism, but the FBI and CDC were called in to investigate. 

“There’s no need for people to fear they are at risk,” said Dr. Jeffrey P. Koplan, director of the Centers for Disease Control and Prevention in Atlanta. He and others emphasized that the disease is not contagious and there is no evidence yet of other people infected. 

But he said a deliberate release of the germ by terrorists is one of several possibilities under investigation. “We have that on the list,” he said. 

The man, Bob Stevens, photo editor of the supermarket tabloid The Sun, was hospitalized Tuesday with what was diagnosed as inhalation anthrax and was reported to be gravely ill. The Lantana, Fla., man’s identity was released by the tabloid’s publishing company. 

“We’re praying that he pulls through,” said Rita Stevens, a daughter-in-law who lives in Tallahassee. She said the family did not know how he contracted the disease. “We’re devastated.” 

Anthrax has been developed by some countries as a possible biological weapon. But the disease can be contracted naturally, often from livestock or soil. Officials said the Florida man is an avid outdoorsman. 

The most recent previous U.S. case of anthrax was earlier this year in Texas. But that was the more common skin form, not inhalation anthrax, an especially lethal form in which the disease settles in the lungs. 

“We will develop a very intense investigation of this case,” Koplan said. “We are in a period of heightened risk and concern in this country. It’s our responsibility to make sure people know what is going on and we control it as quickly as possible.” 

CDC investigators were dispatched to both Florida and North Carolina, since Stevens was said to have visited Duke University in Durham, N.C., about a week ago. The FBI is also investigating. 

“We will be checking on a day-by-day basis where he was, what he did, where he stayed, and looking for risks,” Koplan said. 

But the CDC already has canvassed hospitals and health departments in those states and found no one else with similar symptoms, the CDC chief said. 

“There’s no person-to-person spread of this disease. Individuals in contact with this sick person wouldn’t have caught it from him,” Koplan said. “There is no evidence of other cases within the communities this gentleman has been in.” 

Symptoms of inhalation anthrax typically start within seven days of breathing in the bacterial spores. Dr. Steve Wiersma, a Florida Health Department epidemiologist, said authorities are certain the man contracted the disease in Florida. 

Koplan said the patient has no digestive ills that would indicate the anthrax came from drinking contaminated water, and no skin symptoms from direct contact with the germ. But as for the possibility that he got anthrax from deliberately contaminated air, Koplan said: “We are aggressively investigating this case.” 

At a news conference at the White House, U.S. Health and Human Services Secretary Tommy Thompson declared: “This is an isolated case and it’s not contagious.” He, too, said there was no evidence the case resulted from bioterrorism. 

Fears that terrorists may have been planning an airborne chemical or biological attack were raised last month when it was learned that a group of Middle Eastern men — including one of the hijackers in the attack on the World Trade Center — had been asking a lot of questions about a crop-duster at an airfield in Belle Glade, about 40 miles inland from Lantana. 

Because of those fears, the government grounded all crop-dusters across the country for a few days after the Sept. 11 terrorist attacks. 

The men who visited the airfield had asked employees of a fertilizer company about the range of the airplane, how much it could haul in chemicals, how difficult it was to fly and how much fuel it could carry. 

During the 20th century, only 18 cases of inhaled anthrax were reported in the United States, the most recent in 1976. 

In North Carolina, Debbie Crane, spokeswoman for the state Department of Health and Human Service, said: “Anthrax occurred before Sept. 11. And it will occur in the future. The presence of a case of anthrax does not necessarily mean that some evildoer has done something horrible.” 

Koplan said the disease may actually be more common but goes undetected. The latest case may have come to health officials’ attention only because of heightened concern about its use as a possible weapon of mass destruction, he said. 

“What might have been tossed off as an undetermined bacterium was sent on to a state lab, where people recently received training in detecting anthrax,” he said. “It is a possible answer, which is an improved detection system.” 

Anthrax causes pneumonia, and patients are treated with antibiotics. There is also a vaccine to prevent the spread of the disease, but it is available only to the military now. 

Dr. Larry Bush, an infectious-disease specialist at JFK Medical Center in Atlantis, said the patient there was on a ventilator. “He’s critically ill. Hopefully he’ll respond to treatment,” Bush said. 

White House spokesman Ari Fleischer said President Bush had been notified of the anthrax case by national security adviser Condoleezza Rice. He said HHS has been working on plans for years in case of an outbreak, and “a series of protections have been put into place.” 

SAN DIEGO — The U.S. terror investigation that has hauled in hundreds of Middle Easterners is being conducted with closed court hearings and sealed documents on a scale legal experts say may be unprecedented. 

As part of what Attorney General John Ashcroft has called the biggest criminal investigation in U.S. history, federal authorities have detained more than 500 people without releasing the paperwork that usually accompanies nearly any type of court proceeding. 

A combination of federal laws and legal precedent allows authorities to detain witnesses, seal search warrants and close hearings on national security grounds or to protect grand jury investigations — the two primary reasons cited for the judicial secrecy since the Sept. 11 attacks. 

“It’s not new,” said Charles LaBella, a former federal prosecutor in San Diego and New York. “But on this scale, it’s unprecedented.” 

While little is known about the secret proceedings, some have dealt with immigration issues, and others have been hearings to determine if some people can be detained as material witnesses to ensure they give testimony to a New York grand jury investigating the attacks. LaBella said evidence hearings related to the attacks may also have been kept secret. 

Among the proceedings that have been closed to the public was a hearing last week in San Diego to determine whether three college students could be held as material witnesses in the terror case. The judge cited national security, but sealed even his order justifying the secrecy. 

The secrecy has raised civil liberties concerns in some quarters. 

“One of the things that this secrecy deprives you of knowing is just how far and energetically the government is biting into constitutionally protected activity,” said Terry Francke, executive director of the California First Amendment Coalition. 

A lawyer for the three men held in San Diego likened their detention to the sweeps for communists and sympathizers during the Red Scare of the 1920s. He complained that he was not even told where his clients were being held and was not permitted to contact them. 

“I’m not even allowed to say whether they were in court,” said lawyer Randall Hamud. 

But experts said the government so far remains on firm legal ground. 

The legal underpinning for much of the secrecy is the Foreign Intelligence Surveillance Act of 1978, which allows the government to permanently seal warrants for national security reasons with a judge’s consent, said Laurie Levenson, a former federal prosecutor and legal scholar at Loyola Law School in Los Angeles. 

Some defense attorneys who normally would be quick to criticize the government have been cautious. 

“I think we should have a healthy concern about what’s going on, but it should be tempered by the fact that we still don’t know the facts about the events of Sept. 11,” said Mario Conte, executive director of Federal Defenders, which represents poor defendants in San Diego. 

Investigators may also be using secrecy to trace e-mail via a host of Internet service providers. In Silicon Valley, home to many Internet companies, the government has filed about three dozen sealed legal filings since Sept. 11. 

In the past few years, various aspects were kept secret in the case of Los Alamos scientist Wen Ho Lee, the 1993 World Trade Center bombing trial and the spy investigations of Aldrich Ames, George Trofimoff and Robert Hanssen. 

But Erwin Chemerinsky, a professor at the University of Southern California who specializes in constitutional law, could think of no other time in American history when the government had used so much judicial secrecy in a criminal investigation. 

“What’s different here, so far as we can know, is the scale of the operation, the number of people involved,” he said. 

Jonathan Lurie, a professor of history and law at Rutgers University in New Jersey, agreed, but added: “This is a unique moment in our history and to expect that the old standards of due process are going to apply is naive.” 

LOS ANGELES — Lawyers for Southern California Edison and the state Public Utilities Commission filed papers Thursday urging a federal judge to approve a settlement designed to keep the utility out of bankruptcy. 

U.S. District Judge Ronald S.W. Lew was expected to rule on the matter Friday. 

The agreement lets Edison pay off an estimated $3.3 billion of its more than $6 billion debt by forcing its customers to continue paying higher rates imposed last May for at least two years. It also requires Edison’s shareholders to forego $1.2 billion worth of dividends over three years. 

The deal, secretly negotiated over 10 days and announced Tuesday, would settle a lawsuit filed by Edison last November and is designed to keep the Rosemead-based utility from following Pacific Gas and Electric, the state’s largest utility, into bankruptcy. 

In separate filings to Lew, both parties responded to criticisms of the settlement filed Wednesday by The Utilities Reform Network, a San Francisco-based consumer advocacy group, and the Los Angeles Office of the County Counsel, which were both allowed to intervene in the case. 

Lew scheduled a hearing Friday morning on the issue, after which he is expected to rule. 

Shareholder-owned utilities in the state started amassing debt last year because they were unable to pass along skyrocketing wholesale power costs to ratepayers. The state’s 1996 deregulation law imposed a price cap on energy rates paid by customers, which was the focal point of Edison’s lawsuit against the PUC. 

Lawyers for TURN and Los Angeles County, which is one of Edison’s largest customers, complained in their Wednesday filings that Lew had given them only 24 hours to offer comments on the proposed settlement. 

TURN, in its filing, also said the PUC had violated state law by secretly deciding regulatory issues without public hearings. 

The PUC, in its reply, said it was “sensitive” to the objection, but noted that state law allowed the agency to consider litigation in closed session. 

If the proceedings had been public, Edison likely would have been forced into bankruptcy and the PUC and its attorneys would not have had frank discussions about the settlement, court documents said. 

Reliant Energy Services and Mirant Corporation, which are owed more than $260 million by Edison for power purchases, also filed a joint objection Wednesday to the proposed settlement. 

The wholesale power providers said the agreement “is utterly silent about the mechanics of payment to creditors” and asked the court for more time to study the proposed settlement to determine its effects. 

The filing also stated that Edison has not made any payments to either Reliant or Mirant in nine months. 

TURN, in its objection to the settlement, said approval would make the court the “ultimate regulator,” deciding retail utility rates for the next few years. 

Edison responded by saying TURN itself was trying to have the court assume the role of “super-regulator” by urging Lew to reject the PUC’s determination that the settlement was in the public interest. 

The proposed settlement also was receiving mixed reviews outside of court filings. 

“If this is agreed to, the power crisis has just entered another phase,” said Douglas Heller, a consumer advocate for the Santa Monica-based Foundation for Taxpayer and Consumer Rights. “This is the pay-now-ask-no-questions-later phase of the power crisis in which the government is effectively giving up its rights to challenge Edison’s unrelenting demands for more money.” 

The proposed settlement would be beneficial for the state’s economy if it keeps Edison out of bankruptcy, but it could end up hurting ratepayers, said Jack Kyser, chief economist with the Los Angeles County Economic Development Corp. 

“Both residential and business ratepayers have seen a huge spike in their energy costs,” Kyser said. “The business community already has been saddled with increased costs of doing business as we move into a recession.” 

Kyser warned that natural gas prices and supply still need to be watched since it is the fuel of choice for power generators. 

Assemblyman Fred Keeley, D-Boulder Creek, said the proposed settlement had several shortcomings, but “the fundamental virtue is that it avoids a bankruptcy, which I think would be awful for consumers.” 

MOJAVE — A rocket-powered plane with famed pilot Dick Rutan at the controls soared over the Mojave Desert Thursday in the first major flight for an aerospace company developing engines for orbital launches. 

XCOR Aerospace’s EZ-Rocket, powered by twin 400-pound thrust rocket engines, soared to an altitude of 6,200 feet and then glided to a landing at Mojave Civilian Flight Test Center. 

The powered portion of the flight lasted 96 seconds. The entire flight lasted just under 5 1/2 minutes. 

“It ran just as advertised,” said Rutan, the retired Air Force pilot who flew the experimental Voyager aircraft on a nonstop, unrefueled flight around the world with co-pilot Jeana Yeager in 1986. 

The EZ-Rocket first flew on July 21, traveling a few hundred feet down a runway. 

The plane is a modified Long-EZ, a rear-engine propeller plane developed by Rutan’s brother, Burt, who designed Voyager. 

On the EZ-Rocket, the conventional engine and propeller have been replaced by twin rocket engines fueled by isopropyl alcohol and liquid oxygen. 

The plane serves as a “test bed” for developing safe and reliable rocket engines before progressing to the higher performance needed for orbital launch vehicles. 

XCOR President Jeff Greason termed the flight a significant technical achievement. 

“First, once you get two engines working in combination it significantly easier to cluster more engines for larger vehicles,” he said in a statement. “Second, we were able to keep the engine and fuel flow running smoothly during the flight.” 

LOS ANGELES — Victims of hate crimes arising from the Sept. 11 terrorist attacks have a new hotline for help in California. 

Salam Al-Marayati of the Muslim Public Affairs Council said the campaign by the state Department of Fair Employment and Housing was timely because Muslims and others continue to be the victims of backlash violence and harassment following the attacks. 

“We have seen a backlash of violent incidents against American Muslims and those who appear to be Muslims,” Al-Marayati said during a press conference at the Islamic Center of Southern California, which is under police guard. 

“We saw the backlash spike immediately after the (attacks) and that was expected,” he said. “We have seen it come back up again probably because now there are people again on the attack trying to defame Islam.” 

The hate crime initiative includes a new toll-free telephone number (866-460-HELP) that gives victims immediate access to Fair Employment and Housing counselors who can tell them of services available and refer them to local district attorneys, if necessary, said Dennis Hayashi, director of the state agency. 

“We can set up appointments in two to three minutes for people who call our hot line,” Hayashi said. “We feel strongly that there needs to be a sense of urgency for these types of incidents.” 

The campaign also includes training sessions for attorneys to teach them the intricacies of hate-crime laws. 

The first training session will be held Tuesday in Los Angeles and will be followed by one in Sacramento, said Roland Coleman, president of the Los Angeles County Bar Association. 

The training is important because the litigation of hate crimes is a specialized area of law and in some situations victims will be entitled to monetary damages, Coleman said. 

In an existing program, victims of hate-crime violence who file complaints with the Fair Employment and Housing agency can be awarded damages up to $150,000 for emotional distress, property damages, lost wages and medical expenses. The agency also can seek restraining orders and civil fines up to $25,000. 

Al-Marayati, who also is a member of the Islamic Center, said about 100 Muslims have called to complain of being harassed and intimidated since the attacks. Most of the calls deal with Muslim women being harassed for wearing a headscarf and children being taunted at school. 

He also noted the recent attack on a Hispanic man in Lancaster by two men who have been charged with hate crimes. The men allegedly chased home 47-year-old Gerard Pimentel, kicked in his front door and shouted anti-Middle Eastern slurs as they beat him. 

An Arab-American convenience store owner in Fresno County also was shot and killed last weekend in what his family believes was a hate crime. 

The Fair Employment and Housing agency also is translating information on the new toll-free number and state laws regarding hate crimes into Middle Eastern and South Asian languages, including Arabic, Farsi, Hindi and Punjabi. 

SACRAMENTO — Seven California counties are not requiring drug testing for offenders who avoid jail under the state’s sweeping drug treatment program, according to a new report. 

However, most counties are finding ways to work around what had been foreseen as problems with Proposition 36, the state Department of Alcohol and Drug Programs said. The initiative that took effect July 1 requires treatment instead of jail for first- and second-time nonviolent drug users. 

Counties are generally requiring drug tests for Proposition 36 clients despite a ban on using drug initiative money for that purpose. And they are devoting the bulk of their state money to treatment rather than law enforcement, the department found in a review of all 58 counties’ treatment plans. 

Larry Brown, executive director of the California District Attorneys Association, said he is concerned that seven counties are not requiring drug testing, which he said “is integral to effective treatment and holding offenders accountable.” 

But he was encouraged that 51 counties were requiring the tests despite the uncertainty over funding. The remaining seven counties were not identified in the report or by department officials. 

“I’d be surprised if ultimately drug testing isn’t part of the regimen in all counties,” Brown said. 

Proposition 36 opponents had worried there would be no way to test drug users because the initiative approved by voters nearly a year ago specifically banned using any of the $120 million distributed to counties for treatment programs. 

Now, most counties are counting on Gov. Gray Davis to sign a bill that would contribute an additional $18 million in state and federal money for drug testing, said William Demers, president of the County Alcohol and Drug Administrators Association of California. A Davis spokesman said the governor likely won’t decide whether to sign the bill until next week, days before his Oct. 14 deadline. 

Some counties also are using county money and client fees to pay for the tests, according to the study compiled for the state by Washington, D.C.-based Healthy Systems Research Inc. 

Eleven of the 12 largest counties, seven of the nine medium-sized counties and 33 of the 37 smallest counties plan to make drug testing mandatory, the researchers found. 

The 12 largest counties — Alameda, Contra Costa, Fresno, Los Angeles, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, Santa Clara and Ventura — contain 77 percent of the state’s population and together anticipate sending about 46,000 drug offenders to treatment programs during the fiscal year that began July 1. 

The nine medium counties — Kern, Monterey, San Joaquin, San Mateo, Santa Barbara, Solano, Sonora, Stanislaus and Tulare — include 13 percent of the state’s population and expect about 15,500 Proposition 36 offenders in the program’s first year. 

The remaining 37 least populated counties include about 10 percent of the population and expect to send more than 9,000 clients to treatment this year, the report found. 

The bulk of state funds is going to treatment, despite treatment providers’ fear that too much would be siphoned off to probation departments and other law enforcement groups, the report found. 

The 12 largest counties plan to spend an average 77.5 percent on treatment and services like literacy and vocational training and family counseling, ranging from 95 percent in San Francisco to 57 percent in San Bernardino. 

The nine medium counties plan to devote an average 85 percent of their money for treatment, ranging from more than 91 percent in San Joaquin and San Mateo to 76.5 percent in Santa Barbara. 

The 37 smallest counties expect 80 percent of their money will go to treatment. They have both the state’s highest and lowest percentage going to such services: 100 percent in Nevada County and 51.5 percent in Tuolumne. 

Counties should spend at least 83 percent on treatment, contended Whitney Taylor of the Lindesmith Center, a Proposition 36 proponent. But Sacramento County Alcohol and Drug Administrator Toni Moore, said her county decided to split its budget 60-40 with law enforcement to foster a “partnership” with police, judges and probation officers. 

The smallest counties are anticipating a massive increase in treatment programs to handle the influx. 

Nine of the small counties plan to more than double their existing programs, and two counties — Plumas and San Benito — said they would have an increase in treatment programs. 

SANTA CRUZ — A Santa Cruz middle school student who used his home economics skills to bake brownies for a school trip added an extra ingredient — marijuana. 

“The recipe is probably not something he found in Martha Stewart,” said Santa Cruz police Sgt. Steve Clark. 

The Sojourn Charter Middle School student brought chocolate brownies cooked with marijuana to a Sept. 25 school outing and passed them out to six unsuspecting students and his teacher. 

Clark said the teacher, who was aware the 14-year-old boy had past problems with marijuana, jokingly asked for one of the “pot brownies.” The boy gave her one, and she ate it. 

When the teacher started to feel dizzy and confused, she called police. Some students in the class complained of similar symptoms and said they felt sick. 

Paramedics were called as a precaution, but all the kids were fine, according to school principal Marilyn Armstrong. She would not say whether the boy was suspended, citing his age and student confidentiality. 

The boy told police he was trying to get the class stoned, Clark said. His case has been forwarded to juvenile hall. 

Autumn is the perfect time for renewing your home, because it’s so easy to do it in a natural way. Take a walk in your yard and gather the materials to get started. Leaves, berries, and late-season flowers are perfect for adding natural detail. 

Go on a ride in the country and come home with pumpkins, gourds and Indian corn from a market, a roadside stand or a pumpkin patch. Have fun decorating indoors and out with the bright colors of the harvest season. 

Add seasonal touches to your dining table. Make a coaster of photocopied leaf images by arranging pressed leaves in various shapes and colors on a sheet of paper. Use a glue stick to secure leaves to the paper, then make color copies. With spray adhesive, attach copies to heavy paper, then cut out the leaves. Arrange them under plates or make coasters. Use spray adhesive to secure them to one another. 

It’s easy to give your rooms an autumn look by turning to nature. Colors and textures of harvest time — brilliant red and orange for leaves and rich brown for bark — bring a warm comfort indoors. Add early fall flowers like mums, gladiolas, and sunflowers from a market to add to the colorful look. 

Other ways to add an autumn look: 

—Take up the summer sisal rug and put back the rich Oriental rug. 

—Store summer slipcovers until next year. 

—Add baskets and wooden bowls to your decor for a touch of texture. Fill them with apples from an orchard or gourds from a farmer’s market. 

—Fill a large pottery bowl with an assortment of seasonal vegetables (turnips, rutabagas, yams and a variety of winter squash) for interesting shapes, colors and textures. 

—The same idea works for bowls of nuts. 

—For an autumn glow at a party or dinner, fit miniature pumpkins with small votive candles. Cut a hole large enough to hold a tea light, scooping out the flesh so the candle edge is even with the opening. This subtle glow also works well on a mantel or coffee table. 

Autumn is the perfect time for renewing your home, because it’s so easy to do it in a natural way. Take a walk in your yard and gather the materials to get started. Leaves, berries, and late-season flowers are perfect for adding natural detail. 

Go on a ride in the country and come home with pumpkins, gourds and Indian corn from a market, a roadside stand or a pumpkin patch. Have fun decorating indoors and out with the bright colors of the harvest season. 

Add seasonal touches to your dining table. Make a coaster of photocopied leaf images by arranging pressed leaves in various shapes and colors on a sheet of paper. Use a glue stick to secure leaves to the paper, then make color copies. With spray adhesive, attach copies to heavy paper, then cut out the leaves. Arrange them under plates or make coasters. Use spray adhesive to secure them to one another. 

It’s easy to give your rooms an autumn look by turning to nature. Colors and textures of harvest time — brilliant red and orange for leaves and rich brown for bark — bring a warm comfort indoors. Add early fall flowers like mums, gladiolas, and sunflowers from a market to add to the colorful look. 

Other ways to add an autumn look: 

—Take up the summer sisal rug and put back the rich Oriental rug. 

—Store summer slipcovers until next year. 

—Add baskets and wooden bowls to your decor for a touch of texture. Fill them with apples from an orchard or gourds from a farmer’s market. 

—Fill a large pottery bowl with an assortment of seasonal vegetables (turnips, rutabagas, yams and a variety of winter squash) for interesting shapes, colors and textures. 

—The same idea works for bowls of nuts. 

—For an autumn glow at a party or dinner, fit miniature pumpkins with small votive candles. Cut a hole large enough to hold a tea light, scooping out the flesh so the candle edge is even with the opening. This subtle glow also works well on a mantel or coffee table. 

It’s among the worst surprises to confront homeowners: a contractor files a lien to collect unpaid money on a home improvement or remodeling job. 

Whether the claim is valid or not, the resulting court action can add hefty legal bills to home improvement projects that already are stressful enough. 

The chief legal counsel for the nation’s largest home improvement services company describes liens as “a legal and financial minefield,” yet homeowners can — and should — take steps to protect themselves and their property. 

“The homeowner first needs to find a reputable contractor,” says attorney Hans Huessy of the Home Service Store (HSS), “and second, they should weigh all the options to head off a dispute before it leads to a lien.” He says liens are necessary because homeowners often refuse or neglect to pay legitimate invoices. 

Huessy suggests prior to selecting a contractor, pay a personal visit to the candidate’s last few jobs followed by a call to the Better Business Bureau to learn if the contractor has any history of customer complaints. 

Most liens filed in local or county land records against homeowners are mechanics liens, where the contractor pursues money allegedly owed for labor or materials. Most liens must be filed within a few weeks or months, or at most a year, after work is completed. Once a lien is filed, the contractor has a certain amount of time to bring an action to enforce the lien. The amount of time varies widely by jurisdiction and if a court docket is packed, a case can drag on for years. 

In some instances, Huessy says, “sleazy contractors hold a homeowner hostage by filing spurious liens, a sort of ’low grade extortion.”’ The problem for homeowners is that unresolved liens might jeopardize a credit rating and can hold up the sale or refinancing of a home. They might also put the homeowner’s mortgage in default. 

Issues related to the lien — length of time before it must be filed, where and how it must be filed, paperwork, etc. — vary widely from state to state. 

Liens can also be filed by materials suppliers or subcontractors hired by the general contractor. Huessy says because it’s common for contractors to pay suppliers and subcontractors, the homeowner must be diligent in managing project purse strings. It’s a mistake, he says, to pay a contractor the full amount in advance of the project, or even before all the work is completed and inspected. Often, the contractor won’t manage the money appropriately or won’t use the funds to pay off suppliers or subcontractors. Jilted workers and suppliers have the legal right to seek payment from the homeowner. In the worst-case scenario, a homeowner can be ordered to pay for the same work twice, once to the general contractor and, if the GC fails to pay the subcontractor, again to the sub. 

Huessy recommends homeowners adopt a pay-as-you-go stance with contractors. Once work is completed to the homeowner’s satisfaction, funds are then disbursed to the general contractor to pay for materials and subcontractors. As will be explained in the next column, a homeowner can avoid most of the worst lien problems by insisting on lien waivers from all contractors involved in the project. 

Hydrotherapy dates back to the Roman Empire. In the beginning, pools filled with warm water were crafted of stone. 

It has been only about 40 years since hot tubs were nothing more than wooden barrels filled with hot water. Then they got bigger, and were equipped with water jets and air jets. Later they were made of molded plastic instead of wood. When that happened a new industry developed almost overnight. 

As spa industry growth continues, the consumer is left with the “how-do-I-choose-the-right-one” question. We can help. 

The spa experience is without a doubt enjoyable and therapeutic. According to Jeff Kurth, chairman of the National Spa and Pool Institute (NSPI) and CEO of Marquis Spas, “A spa provides buoyancy that eliminates 90 percent of the force of gravity on the human body. Heat dilates blood vessels and increases the flow of nutrients to damaged muscle tissue while flushing out toxins that make you feel sore. The hydrotherapy part also helps to massage the toxins out of the muscles.” 

Kurth further commented: “Depending on the size, number, type and location of the jets, various types of massage can be achieved.” 

We agree that you really can feel the results. And the stress relief is pronounced. 

Why get a fancy spa as opposed to one with fewer or smaller pumps and fewer jets? The more options, the better your chance of finding comfort and satisfaction for the whole family. Not every jet pattern in every location of a given spa will please everyone. Some will feel only OK; others will work wonders. Someone else in your family might find the greatest comfort in the position you like the least. The more options you have, the better served you and your family will be. 

Today spas are available with up to three motors — just to pump water through the jets. Multiple controls and multiple compartments make it possible for one person in the family to have a vigorous massage while others can enjoy other options. Possible features: 

—An airtight spa cover. A good one reduces energy loss when the spa isn’t in use. Our favorite is vinyl-encased foam with a tapered top. Make sure it is an ASTM listed locking safety cover. A locking top will keep energy in and toddlers out. 

—Solid insulation between the spa and the skirt. Fully insulated units are more energy-efficient. 

—A built-in ozonator can reduce the amount of chemicals needed to kill bacteria in the water. If you are allergic to chlorine or bromine, an ozonator can be used in conjunction with silver, which is a natural bactericide. 

—Two filters are better than one. Units with multiple filters clean faster and better. 

—Measure the horsepower of the pumps, the number of jets, the number of controls and the number of stations. These are key elements to comfort in a spa. 

—Check with your doctor and your insurance carrier. Some insurance companies will cover the cost of a home spa. If you have no insurance coverage, check with your accountant to see if you can deduct all or part of the cost of your spa from your income taxes. 

—Spas, like swimming pools, can be used year-round. But as we know, swimming pools are best on hot days. This is not necessarily so with spas. We think spas are most fun when it’s cold. There is nothing like sitting in a spa on a cool fall or winter early morning looking up at the stars. 

The National Spa and Pool Institute helps set safety standards, and Underwriter’s Laboratories (UL) tests spas for safety. Only those products approved by UL should be used. Folks with a heart condition or high blood pressure should check with their doctor before using a spa. 

FRESNO — More than 300 people attended Thursday the funeral of a slain Arab-American shopkeeper whose relatives believe was the victim of a hate crime. 

Abdo Ali Ahmed, 51, was shot and killed Saturday at his convenience store in nearby Reedley. Family and friends believe he was killed as part of the backlash against people of Middle Eastern descent following last month’s terrorist attacks. 

The Fresno County Sheriff’s office and the FBI are investigating whether the killing was a robbery or a hate crime. 

“There’s a real appearance of that, but we don’t know what transpired in that store, we don’t know what was said,” said Sgt. Toby Rien, who heads the county investigation. 

A few days before the killing, family members said Ahmed found a written death threat on his car at a grocery store, but threw the note out. Investigators can’t find that piece of evidence, which could prove crucial to determine the motivation for the crime. 

Ahmed came to the United States from Yemen 35 years ago. About 10 years ago, he opened Ahmed’s East Reedley Store. 

“He was peaceful, he was humble, he was down to earth and he hardly had any enemies,” said Imam Laluddin Bakri during the service. 

Friends, family and other members of the Arab-American and Muslim communities were among those packed inside a local mosque during Ahmed’s funeral. 

About 60 local Arab-American businesses have closed shop so their owners can attend the funeral, said Mansoor Ismael, the honorary Yemen consul in San Francisco. 

“Its a terrible tragedy, we are against anymore innocent victims being taken,” said Marla Ruzicka who drove to the services from San Francisco. 

Gov. Gray Davis announced Thursday a new initiative to offer cash payouts for Arab or Muslim-Americans who are victims of hate crimes to cover emotional distress or lost wages in addition to related expenses. 

Damages of up to $150,000 are covered under California’s Ralph Civil Rights Act, the governor’s office said. That figure includes losses due to property damage or medical expenses. 

NEW YORK — Investors newly enthusiastic about tech stocks extended the sector’s rally Thursday after Dell Computer became the second big high-tech firm in as many days to issue a positive earnings outlook. Blue chip stocks had a modest retreat. 

Dell’s news, along with a similar forecast from Cisco Systems on Wednesday, bolstered investors’ confidence that the economy will rebound after last month’s terrorist attacks. 

While the market finished well off its highs of the day as profit-taking set in, Wall Street maintained the positive tone that has defined much of this week’s trading. 

The focus on tech hurt the Dow Jones industrial average, which fell 62.90 to 9,060.88 after having been up as much as 63 points. But the Dow’s loss was small compared to the 173 points it gained Wednesday to close above the 9,000 level for the first time since the Sept. 11 terrorist attacks. 

The blue chips have regained 825 points, or 60 percent, of the 1,369 they lost in the first week of trading following the assaults on the World Trade Center and Pentagon. 

Meanwhile, the broader market was mixed Thursday. The Nasdaq composite index rose 16.50 to 1,597.31 after advancing 88 points Wednesday, its biggest daily point gain since the attacks. The tech-dominated index was up as much as 60 points Thursday before giving back some ground. 

The Standard & Poor’s 500 index slipped 2.65 to 1,069.63. 

Analysts said the tech advance wasn’t surprising given the overall market’s losses following the attacks. But they don’t expect the market to move much higher for the remainder of the year, or until it’s clearer when the economy will recover and how the United States will retaliate for the assaults. 

“This rally is basically about getting you back to where you should be — so long as nothing else terrible happens,” said Charles Pradilla, chief investment strategist for SG Cowen Securities. 

Among Thursday’s winners were the two tech bellwethers that affirmed their earnings estimates. Dell rose $1.68, or 8 percent, to $22.32, while Cisco advanced 47 cents to $14.42. 

Wall Street has rarely seen such positive outlooks even before the attacks, having had to grapple instead with profit warnings and layoff announcements. The market was especially encouraged that the upbeat news came from the tech sector, which has been hit the hardest by the slowing economy. 

The Dow’s winners were mostly technology stocks as IBM rose 36 cents to $97.31, Microsoft advanced 21 cents to $56.44 and Intel rose 32 cents to $21.55. 

Outside tech, the blue chips were mostly lower. Procter & Gamble fell $2.05 to $71.20, while Wal-Mart declined $1.23 to $51.50. 

Investors are becoming increasingly confident that the market and the economy will recover in the wake of the attacks. Analysts said Wall Street’s growing optimism could best be seen in its preference Thursday for tech shares over blue chips. 

While market watchers are encouraged by the market’s newfound strength, they cautioned investors against getting overly hopeful that stocks would be able to sustain the momentum. 

“There is not a huge amount of upside from here. We are just going to tread water until we see what the economy does,” Pradilla said. 

The tech sector could be particularly vulnerable, analysts said. 

“The problem you have with tech stocks is you just have a tremendous amount of sellers at every price point up. You are going to see a lot of people who want their money back, especially as tech companies still have problems with things like excessive inventory,” said Richard A. Dickson, a technical analyst at Hilliard Lyons in Louisville, Ky. “The impetus to take what you can get out of these stocks is going to be pretty strong.” 

Throughout the week, investors have been inspired by indications that the economy will improve despite the attacks. Buyers made Wednesday the market’s most upbeat day since the attacks, sending stocks soaring after President Bush urged Congress to approve an economic stimulus package that would be worth up to $75 billion. The market was also heartened by the Federal Reserve’s decision Tuesday to lower interest rates by half a percentage point and for the ninth time this year. 

Advancing issues outnumbered decliners nearly 3 to 2 on the New York Stock Exchange. Consolidated volume was nearly 1.90 billion shares, compared with the 1.96 billion shares traded Wednesday. 

The Russell 2000 index, the barometer of smaller company stocks, rose 3.82 to 417.04. 

Overseas markets were sharply higher Thursday with Japan’s Nikkei stock average finishing the day with a gain of 2.8 percent. In Europe, France’s CAC-40 climbed 4.3 percent, Britain’s FT-SE 100 rose 2.8 percent and Germany’s DAX index gained 2.1 percent. 

SAN FRANCISCO — It didn’t take long after Napster went offline in July for a crop of upstarts to fill the online song-swapping void. 

Now, like Napster before them, those companies find themselves on the wrong end of a lawsuit filed by the music and motion picture industries intent on keeping their valuable content off of file-sharing networks. 

On Tuesday, several major music labels and movie studios sued a few fledgling technology companies for copyright infringement. The labels allege the defendant companies distribute a Napster stepchild program that lets users freely trade pirated music, movies and software on the Internet. 

The suit was filed in Los Angeles federal court. 

The plaintiffs claim that a file-sharing program used by Grokster and MusicCity allowed those companies to develop and “control a network largely dedicated to the repeated and exploitative unauthorized distribution and reproduction of plaintiff’s protected works.” 

The software was originally developed by Amsterdam-based Consumer Empowerment BV, also known as FastTrack, and is licensed to MusicCity and Grokster. Consumer Empowerment BV is also named as a defendant. None of the companies being sued responded to phone calls and e-mails from The Associated Press seeking comment. 

MusicCity is based in Franklin, Tenn. and Grokster operates from the island of Nevis in the West Indies. 

Grokster and MusicCity license and distribute nearly identical peer-to-peer software that allows users to look for, trade and copy various computer files containing music, video and software content. MusicCity calls its version of the software “Morpheus,” while Grokster has named its version after the company. 

Each version of the software can communicate fluently with the other branded versions. 

The software has grown rapidly in popularity since Napster went offline in July. Webnoize research figures released Wednesday found and average of 1 million simultaneous users on the FastTrack network during September, up from 580,000 average simultaneous users in August. 

During September, users on the FastTrack-powered network downloaded 1.51 billion files. 

“The FastTrack network already is very close to the levels that Napster was at during its peak,” said Webnoize analyst Matt Bailey. He predicted that Morpheus and Grokster users would be difficult for the entertainment industry to stifle because, unlike Napster, they seldom log on to central servers at a company’s headquarters. 

Instead, FastTrack allows the users with high-speed Internet connections to serve as ’supernodes’ — personal PCs acting as a hub to connect file-sharing users to each other. Napster required users to log on to the company’s own servers, which were subject to a court-ordered shutdown. 

A quick look at the Morpheus network Wednesday morning revealed 539,211 users sharing everything from Shania Twain songs to unauthorized digital copies of the hit movie “Hannibal.” Also available on the network were full versions of Adobe Photoshop, the professional-quality image editing software that normally retails for more than $600. 

The suit comes at a time when the recording industry hopes to deflate the growing move toward unauthorized file-sharing by launching its own subscription online music services. MusicNet will offer content from the BMG, EMI and Warner labels while pressplay will offer EMI, Sony and Universal content. Both services are scheduled to launch later this year. 

The record industry in particular is showing little patience for would-be successors to Napster, which made trading MP3s popular, and the wide-open bazaar similar technology has spawned. 

“We cannot sit idly by while these services continue to operate illegally, especially at a time when new legitimate services are being launched,” said Hilary Rosen, president of the Recording Industry Association of America. 

The suit seeks the maximum damages allowable by law, $150,000 for each infringed work. The suit also seeks a permanent injunction enjoining the defendant companies from directly or indirectly infringing on the copyright material in the future. 

Kass Schwin, president of Vital Vittles, has gradually evolved from a baker to a problem solver. Over the past 25 years operating Berkeley’s homegrown organic bread business, she thought she had been through it all.  

How about the time in 1982 when someone lost a sewing needle in the bags of whole wheat flour? They had to examine each finished loaf with a giant magnet, only to throw away the whole day’s baking when they couldn’t find the needle. 

And then there was the time when they lost power while the loaves were browning in the oven. The crew had to turn the gears by hand, then dump the leftover rising dough into the trash. That day, they dutifully punched down the discarded dough when it grew out of the garbage bins.  

But after the attacks on the World Trade Center disrupted the economy last month, Vital Vittles, on this side of the country, almost did not receive the ingredient they needed most. During the chaos of disaster, the New York company that distributes their organic grain could not deliver its products. Vital Vittles was again tested as it went down to its last grain of wheat.  

“It’s really a hard business to run,” Schwin says, as she recalls the company’s vulnerable times, past and present. “We’re still struggling; it’s not a slam-dunk at all.”  

Overcoming these difficulties is exactly what makes their 25 years in operation so sweet. The 20-person team plans to celebrate their silver anniversary with an open house today from 9:30 a.m. until noon. They’ll provide samples of their strictly kosher and organic goods, and run tours of the bakery for the public.  

According to Schwin and the crew, “The joy is in still being here.” 

Vital Vittles began in 1976 with a granite stone mill. They were the first of their kind to grind and sell organic grain, while being heavily influenced by Rachel Carson’s “Silent Spring.” Realizing the need for a finished product for the organic grain, those at Vital Vittles progressed into an off-hour bakery, and then into a full-time organic and kosher bakery. 

“Our bakery started before other good (organic) bread,” Schwin says. Those at the bakery pride themselves in contributing to the rise in organic foods, for instance by supporting organic farmers. “We started good things,” she says. 

Five days a week, baking starts at 5 a.m. in the converted firehouse that is their headquarters. They handle up to 2,200 pounds on heavy baking days and their product line ranges from cinnamon rolls, to multigrain bread, to vegan cookies. Every ingredient is organic and they bar dairy products to remain kosher.  

Although they open the bakery for retail three days a week, they’re still mostly wholesale. They distribute their goods to health-conscious Bay Area stores such as Whole Foods, and lately, the Grocery Outlet. 

“Feeding people is what motivates me,” Schwin says. “I love it when people can taste something healthy and it tastes good.” 

In the beginning of their quarter-century of business, their main challenge was finding organic ingredients like organic corn oil. Organic suppliers were not around in the same numbers as they are today. But today marketing and competition is the company’s main problem. Because more well-known brands like Orowheat have started to produce organic bread, Vital Vittles must defend and fight for its shelf space in grocery stores, according to Schwin. Also, larger corporations have bought many of the suppliers that they deal with. Since they deal with fewer companies, their business has become more vulnerable.  

Their defense to these recent changes has been to keep customer interest strong by creating new products. For instance, creative bakers now produce vegan chocolate chip brownies and banana bread in order to stay ahead of the competition.  

Huong Tran, a “superwoman” who has been a part of Vital Vittles for two decades, concocts many of the new baked goods. Recently, she used organic baking to solve a perennial problem among parents. “Kids don’t like vegetables,” she says about the product her son inspired, named “Daniel’s Carrot Bread.” “We have to find some way to make them eat it.” 

Their flexible tactics have kept them afloat throughout the decades. Despite Vital Vittles’ Berkeley bearings, some of their bread is distributed through UPS across the country. The company has won supporters far outside Bay Area limits. A handful have joined simply through the company’s website. 

One customer on the east coast recently requested that the Vital Vittles send bread to cheer up a friend. “I think your bread looks like it’s made with caring and love,” the customer said to them. The friend that needed the extra joy views the shaken Manhatten skyline each morning. 

Schwin says she hears compliments like these all the time.  

Older customers have told her that they stopped using laxatives after switching to their bread. Others claim to have lost weight through the food. 

“I feel like people’s lives change when they start eating our bread,” she says. 

Barron Willis, local carpenter and customer for nine years, says that the bread complements his vegetarian lifestyle and lightens his health problems. 

“It’s refreshing,” he says, while he and his wife buy fresh goods straight from the bakery door. “It’s the only bread that we eat.”  

Janice Voss, an active astronaut, even honored the company by bringing Vital Vittles bread into outer space with her. A photo of the bread in zero gravity greets customers by the bakery door. 

Despite the changes over the years, Vital Vittles still has some enduring standards. They still doggedly hand-make their bread. They only hire “nice” people (many of them former refugees or devoted customers). They focus on small-scale baking. And they use the same granite stone mill from 1976 as the starting point for their products.  

Finally, those at Vital Vittles still believe that their healthy, yet popular product sells itself.  

“You know what drug dealers say,” Schwin says, as she slickly pushes a reporter some bread to sample. “The first one’s free.” 

The Silver Anniversary celebration is 9:30-noon at 2810 San Pablo Ave. 

After trailing 13-9 in the first game Tuesday, the Berkeley Yellowjackets women’s volleyball team scored 14 unanswered points on their way to a three-game victory over the Alameda Hornets. 

The ’Jackets, who picked up their eleventh victory against four losses, were led by middle blockers Desiree Guilliard-Young and Vanessa Williams, who combined for 15 kills and 6 blocks in the team’s 15-13, 15-3, 15-7 victory. 

The Hornets seemed to have control throughout the first game, scoring on the first possession and advancing their lead to 4-2, and again to 7-3 before Berkeley coach Justin Caraway decided to call a timeout and talk to his team. 

“I just told them to relax,” Caraway said after the game, “I told them that if we just settled down and played our game, this team wouldn’t be able to beat us.” 

Apparently he was right. After a service error gave Berkeley the possession, junior Danielle Larue served for four straight points, with Guilliard-Young recording a block and a kill to tie the game at 7-7. 

But Alameda answered back by scoring the next four points in their next three possessions and again found themselves with a comfortable lead over the ‘Jackets. 

The ’Jackets scored in their next two possessions on aces by junior Rachel Phillips and sophomore Nadia Qabazard, but Alameda came back with two points of their own, bringing them as close to victory as they’d be throughout the night at 13-9. 

The ’Jackets scored the next five points, with Guilliard-Young dominating the middle with back-to-back stuffs and a kill before Alameda took a timeout. 

It proved to be too little too late, though, as directly after the stoppage Guilliard-Young recorded yet another block to put the game away, 15-13. 

Berkeley’s momentum carried them to a quick lead in the second game as Larue served for another eight points, including two aces. 

“Losing that first game took a lot out of them emotionally,” said Caraway, “with all our mistakes and their leading the whole way, they felt like that was their best chance to get one from us.” 

Berkeley kept putting points on the board in the second game with Guilliard-Young serving for four points and junior Brittany Mabry serving for three for a 15-3 final. 

In what would prove to be the final game, Berkeley started flat again, giving up four points in Alameda’s first possession. They made up for it by scoring five points on Guilliard-Young’s service, and another four points on the service of sophomore Mollie Wolf.  

The score was 9-5 and scoring went back and forth as Alameda climbed within three at 10-7. Caraway called another timeout, which was evidently an effective strategy as his ’Jackets didn’t stumble for the rest of the way. They held the Hornets at seven points as Wolf served for two and Qabazard served for three to end the match. 

Berkeley plays at Hercules at 6 p.m. tonight.

Thursday, Oct. 4

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 

Community Environmental  

Advisory Commission 

7 p.m. 

2118 Milvia St., Suite 200 

Discussion of venue for future Lawrence Berkeley National Laboratory will continue. 

Public Works Commission Meeting 

7 p.m. 

North Berkeley Senior Center 

1901 Hearst St. 

Commission will draft a council report from the Commission on Disability on traffic signal accessibiliy. 

Housing Advisory Hearing 

7:30 p.m. 

South Berkeley Senior Center 

2930 Ellis St. 

Public hearing on a proposed amendment to the Unified Building Code that would ban the installation of new open hearth fireplaces and allow only installation of new wood burning appliances approved by the Federal EPA or the Bay Area Air Quality Management District. 

The Lost Daughters of China 

7:30 p.m. 

Easy Going Travel Shop & Bookstore 

1385 Shattuck Ave. 

Karin Evans discusses the complex societal and cultural issues surrounding the adoption of abandoned infant girls from China. 843-3533 

Saturday, Oct. 6

Free Sailboat Rides  

1 - 4 p.m. 

Cal Sailing Club 

Berkeley Marina 

The Cal Sailing Club, a nonprofit sailing and windsurfing cooperative, give free rides on a first come, first served basis on the first full weekend of each month. Wear warm clothes and bring a change of clothes in case you get wet. Children must be at least 5 years old and must be accompanied by an adult. Visit www.cal-sailing.org  

Fire Suppression 

9 a.m. - noon 

Office of Emergency Services 

997 Cedar St. 

Free classes in Community Emergency Response Training (CERT). 981-5605 www.ci.berkeley.ca.us 

Poetry Reading 

3 - 5 p.m. 

South Branch Berkeley Public Library 

1901 Russell St. 

Bay Area Poets Coalition holds an open reading. 527-9905 

Sunday, Oct. 7

Animal Blessings 

10 a.m. 

All Souls Episcopal Parish 

2220 Cedar St. 

Celebration of the Feast of St. Francis allows pets to gather in the courtyard. Following the service, the public is invited for refreshments and a children’s zoo with a pony, chickens, rabbits and ferrets in the courtyard. 

West Berkeley Market 

11 a.m. - 5 p.m. 

University Avenue, between Third and Fourth Streets  

Family-oriented weekly market. Crafts, music, produce, and specialty foods. 654-6346 

Monday, Oct. 8

Rite of Christian Initiation for Adults Inquiry Program 

7:30 p.m. 

St. Mary Magdalen Parish 

2005 Berryman St. 

A program to learn everything you wanted to know about the Catholic Church but never had the chance to ask. 526-4811 

Franciscanism, Understanding the Vision 

1 - 2 p.m. 

Franciscan School of Theology 

1712 Euclid Ave. 

Graduate Theological Union presents seminar exploring the lives, times and writings of and about Francis and Clare of Assisi. 848-5232 

Tuesday, Oct. 9

Berkeley Farmers’ Market 

2-7 p.m. 

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

Berkeley Camera Club 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share your slides and prints with other photographers. Critiques by qualified judges. Monthly field trips. 531-8664 

Free Early Music Group 

10 - 11:30 a.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Small group sings madrigals and other voice harmony every Tuesday. 655-8863 

Town Hall Meeting 

4 - 6 p.m. 

South Berkeley Senior Center 

2939 Ellis St. 

The Affordable Housing Advocacy Project presents a discussion on the Berkeley Housing Authority Howmeownership Program. 548-5803 

Wednesday, Oct. 10

PRC Meeting Cancelled 

The meeting of the Police Review Commission scheduled for Oct. 10 has been cancelled.  

Amendment to Zoning  

Ordinance Meeting 

7 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

The Planning Commission will consider an amendment to the zoning ordinance to prohibit the conversions of existing building space from any other use to office use and the development of new office uses of 5000 square feet or more in the mixed use-light industrial zoning district. 

Toddler Storytime 

7 p.m. 

West Berkeley Library 

1125 University Ave. 

For families with children three years or younger, a program to expose the youngest readers to multicultural stories, songs and finger plays. Every Wednesday through Nov. 28. 

Following is Vice Mayor Maudelle Shirek's statement delivered at the Congressional Black Caucus Convention last week in Washington, D.C. 

Honorable Representatives: 

Thank you for the opportunity to let this 90 year old woman address you. I am Maudelle Shirek, Vice Mayor of patriotic, peace-loving Berkeley, California and I’ve served on the City Council for 17 years. I am here to support your colleague and my friend, Barbara Lee, who I have known most of her adult life. I would like to read the text of an ad from the San Francisco Chronicle signed by 200 individuals which echoes my sentiments: 

“We condemn the violent acts perpetrated against innocent people in New York, Washington, D.C. and Pennsylvania. We grieve the loss of human life and the horrific human suffering. Now is the time for careful consideration of an appropriate response. We salute Congresswoman Barbara Lee for her courage in casting the one vote in Congress against war. Her vote was a recognition that war will only worsen the crisis. Thank you Congresswoman Barbara Lee for voting your conscience and being an inspiring leader of peace-loving people everywhere.” 

I grieve for those killed and injured in the terrible, tragic suicide bombings of Sept. 11; 

I also grieve for their families and friends; 

I also grieve for the Afghani people whose country has been hijacked by a small group of people resulting in civil war, abject poverty, and five million people leaving the country. Long- term famine conditions resulted in 5.3 million Afghanis receiving U.N. food aid last year. The landscape is covered by more landmines than any other country, leaving a population more physically maimed than any other; 

I also grieve for the one and one-half million Iraqis, mostly children under 5, who have died during the past 10 years due to United Nations/United States trade sanctions on necessities such as food and medicine; 

I also grieve historical inequities resulting in the expropriation of lands from the indigenous people in the Americas to the Palestinians in the Middle East and all areas of the world where colonialists subjugated people and drew borders with no regard to local conditions; 

I also grieve that we are in total denial of the global AIDS cataclysm, on par with the Holocaust and Bubonic Plague, which has taken 22 million lives and continues to kill over 8,000 daily, over 90 percent of them Africans; 

Why can’t we be honest with ourselves? A military war against a defenseless, innocent people will only result in the creation of more terrorists. As Ghandi said, “An eye for an eye will only blind the world.” We should follow the Oklahoma City bombing response and seek out the individuals responsible and bring them to justice. We can do this under the U.N. Charter and the World Court by suing Afghanistan for harboring terrorists, to ascertain if this is actually the case. We should not forget that the CIA funded, armed and trained the Taliban. We gave them $43 million in aid this year for drug eradication. 

Our role in the world must be to alleviate pain and suffering, not cause it. No one will win the proposed military conflict. Knee jerk vengeance will only give ammunition to those who mine human desperation to lash out against innocent people. 

If we are to declare war, let us declare war on the causes of terrorism. Let us declare war on hunger. Let us feed Iraqi children and the Afghanis crowded in refugee camps who get one meal of grain every three days. Let us honestly reconcile historical grievances be they made by Africans, African-Americans, indigenous peoples, Palestinians, Jews, Japanese or others. 

Let us declare war on disease. Let us make a $2-$3 billion dollar contribution to Kofi Annan’s Global Health Fund to eradicate the horrendous human suffering caused by AIDS, malaria and TB. Do you realize that Norway’s per capita contribution to this fund is $25, while America’s in only 67 cents? Barbara Lee has made AIDS, hunger, poverty and justice her priorities. Won’t you join her? 

Forty billion dollars would go a long way in solving these problems and in making us friends throughout the world. Let us choose this path rather than the present course which may very well lead to our own destruction. On behalf of my constituents in California’s Ninth Congressional District, I thank you. 

MUSIC 

924 Gilman Street Oct 5: Subincision, Gary’s Agenda, Eugene (+ tba); Oct 6: Tight Brothers from Way Back When, Smash Your Face, Cherry Valence, Bare Bones; Oct 12: One Line Drawing, Funeral Dinner, Diefenbaker, Till 7 Years Pass Over Him; Oct 13: Dead and Gone, Cattle Decapitation, Vulgar Pigeons, Wormwood, Antagony; Most shows are $5 and start at 8 p.m. unless otherwise noted. 

Albatross Pub Oct 4:Keni “El Lebrijano” Flemenco Guitar; All free shows begin at 9 p.m. 1822 San Pablo Ave. 843-2473  

albatrosspub@mindspring.com  

Anna’s Oct. 4: The Irrationals A Cappella; Oct. 5: Anna sings jazz standards, 10 p.m. Hideo Date Blues; Oct. 6: Ed Reed, 10 p.m. The Distones Jazz Sextet; Oct. 7: Danubius; Oct. 8: Renegade Sidemen, Calvin Keyes; Oct. 9: Open Mic; All shows begin at 8 p.m. 1801 University Ave. 849-ANNA www.annasbistro.com 

Ashkenaz Oct. 4: 10 p.m. Grateful Dead DJ Night, $5; Oct. 5: 9 p.m. Obeyjah, Winton Jarrett, Village Culture, $10-20; Oct. 6: 9 p.m. Tom Rigney and Flambeau, $11; Oct. 7: 7 p.m. Singer/Songwriter Showcase, $6-8; 1317 San Pablo Ave. 525-5054 www.ashkenaz.com 

Café de la Paz Poetry Nitro, performance showcase with open mike. All shows free, 7 - 10 p.m. 

Cal Performances Oct. 12 - 14: Fri. and Sat., 8:00 p.m., Sun. 3 p.m. Ballet Nacional De Cuba, $24 - $46; Oct. 17 and 18: 8 p.m. Cesaria Evora, $24 - $36; Oct. 19: 8 p.m. Karnak, $18 - $30. Zellerbach Hall, UC Berkeley Campus, Bancroft Way at Telegraph, 642-0212, tickets@calperfs.berkeley.edu 

Eli’s Mile High Club every Friday, 10 p.m. Funky Fridays Conscious Dance Party with KPFA DJs Splif Skankin and Funky Man. $10; Doors open at 8 p.m. unless noted. 3629 Martin Luther King Jr. Way, Oakland. 655-6661 

Freight & Salvage Oct 4: Darol Anger & Mike Marshall; Oct 5: Golden Bough; Oct 6: The Limeliters; Oct 7: Eddie From Ohio; Oct 8: All Nation Singers, Walter Ogi Johnson, Thunder; All shows start at 8 p.m. 1111 Addison St. 548-1761  

www.freightandsalvage.com 

Jupiter Oct. 4: Beatdown with DJ’s Delon, Yamu, and Add1; Oct. 5: The Opinions of Dr. Abecus; Oct. 6: Crowsong; Oct. 9: Hydeus Kiatta Trio; Oct. 10: Cannonball with DJ Aspect; Oct. 11: Beatdown with DJ’s Delon, Yamu, and Add1; Oct. 12: Japonize Elephants; Oct. 13: J Dogs; All music starts at 8:00 p.m. 2181 Shattuck Ave. 843-7625 www.jupiterbeer.com  

La Peña Cultural Center Oct 6: 10:30 a.m. Gary Lapow, $4 Adults, $3 Children; Oct 13: 10:30 a.m. Derique- the high tech clown, $4 Adults, $3 Children; 3105 Shattuck Ave. 849-2568 www.lapena.org 

Live Oak Concerts Oct. 7: Tom Rose and Miles Graber; Oct. 14: A Harvest of Song, an evening of premiers of works, $8-10. Both shows start at 7:30 p.m. Berkeley Art Center, 1275 Walnut St.  

“The Complete Shostakovich String Quartets--Part One” Oct. 20: 10 a.m. Quartets V & VI. Performed by the prize-winning Alexander String Quartet with Robert Greenberg. $ 30, $84 for the Trio of concerts. Julia Morgan Center for the Arts 2640 College Ave. 845-8542 www.juliamorgan.org. 

Henry Clement & His Gumbo Band and Posse Oct. 5: 9:45 p.m. A mixture of zydeco, blues, New Orleans rhumba boogie, funk, and swamp-rock sounds. Eli’s Mile High Club, 3629 Martin Luther King, Jr. Way, Oakland 

Laszlo Varga & Friends Oct. 7: 4 p.m. Solo cello and chamber music. $10 general admission, Free under 18 and cellists. The Crowden School, 1475 Rose St.,  

559-6910 

Rebecca Riots Oct. 12: 7:30 p.m. $20-23. Montclair Women’s Cultural Arts Club, 1650 Mountain Blvd., Oakland. 339-1832 

Synchronicity Oct. 14: 2 p.m. Piano and percussion duo fuses classical and jazz music into a visual experience. $10 adult, $5 child. Julia Morgan Center for the Arts, 2640 College Ave. 845-8542 www.juliamorgan.org 

Shafqat Ali Khan Oct. 20: 8 p.m. Concert of classical Ragaa, Sufi, Urdu, Persian Ghazel, and other popular musical styles from India. $20 general admission, $15 students. Julia Morgan Center for the Arts, 2640 College Ave. 845-8542 www.juliamorgan.org 

THEATER 

“Murder Dressed in Satin” by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland. 239-2252 www.acteva.com/go/havefun 

“Twelfth Night” through Oct. 7, Tue. - Thurs. 7:30 p.m., Fri. & Sat. 8 p.m., Sun. 4 p.m. California Shakespeare Festival presents William Shakespeare’s comic tale of romance, loneliness, love and glory. Directed by Jonathan Moscone. $12 - $41. Bruns Memorial Amphitheater, Highway 24, Gateway Exit, one mile east of the Caldecott Tunnel. 548-9666 www.calshakes.org 

“Swanwhite” through Oct. 21: Thur. - Sat., 8 p.m., Sun. 7 p.m. A new translation of the Swedish Play that asks the question what good is romantic love, directed by Tom Clyde. $20, Sundays are “Pay What You Can.” Transparent Theater, 1901 Ashby Ave. 883-0305, www.virtuous.com 

“Orestes” Oct. 5 through Oct. 21: Fri. - Sat., 8 p.m., Sun. 2 p.m. An adaptation of the classical play by Euripides that incorporates passages inspired or taken from various 20th century texts. Written by Charles Mee, directed by Christopher Herold. $6-12. Zellerbach Playhouse on the UC Berkeley campus 642-8268 

“Approach” through Oct. 27: Thur. - Sat., 8 p.m. An examination of the search for intimacy as our most precious form of survival. Written by Susan Wiegand, directed by Katie Bales Frassinelli. $15 general admission, $10 students and seniors. Eighth Street Studio Theatre, 2525 Eighth St. 655-0813 www.shotgunplayers.org 

“36 Views” through Oct. 28: Tues. 8 p.m., Wed. 7 p.m., Thu. 8 p.m. w/ 2 p.m. matinee every other Thu., Fri. 8 p.m., Sat. 8 p.m. w/ 2 p.m. matinee every other Sat., Sun. 2 p.m., 8 p.m. Written by Naomi Lizuka, directed by Mark Wing-Davey. $10 - $54. Berkeley Repertory’s Roda Theatre, 2015 Addison St. 647-2949  

www.berkeleyrep.org 

FILMS 

Fine Arts Cinema Oct 4 - Oct 9 “Battleship Potemkin.” Directed by Sergei Eisenstein; 2451 Shattuck Ave. 848-1143 

“Tree-Sit: The Art of Resistance” Oct 4: 7 p.m. Feature-length documentary chronicles 10 years of young activist’s struggle to protect ancient redwoods. La Pena Cultural Centre, 3105 Shattuck Ave. (415) 820-1635 

“Reykjavik” through Oct. 4: A young man’s sexual impulses go haywire when he discovers the women he has just been to bed with also happens to be his mother’s lesbian lover. Shattuck Cinemas, 2230 Shattuck Ave. 843-3456 

“Lisa Picard is Famous” Oct. 12-19: Mockumentary chronicles New York actress who hopes to get more than a fleeting taste of fame when a racy cereal commercial brings her unexpected national notoriety. Shattuck Cinemas, 2230 Shattuck Ave. 843-3456 

EXHIBITS 

“Squared Triangle” through Oct. 5: noon - 6 p.m. A minimalist art exhibit featuring three Bay Area artists working in different mediums while achieving the same elegant simplicity. The Crucible, 1036 Ashby Ave. 843-5511 www.thecrucible.com 

“Inside Editions” through Oct. 12: Nine printmakers exhibit their work. 10 a.m. - 5 p.m. Tue. - Fri. Free. Kala Art Insitute, 1060 Heinz Ave. 549-2977 kala@kala.org 

“Census 2000: Asian Pacific Islander Americans” through Oct. 13; Wed. - Sat. 11 a.m. - 5 p.m.; Asian Pacific Islander American artists in roughly the demographic proportions indicated by the recent census. Free. Pro Arts, 461 Ninth St., Oakland 763-9470  

“MWP Perspectives” Jon Orvik: One artist’s journey. Through Oct. 27 Tues. - Fri. 12 - 5 p.m., Sat. & Sun. 12 - 4 p.m. Solo artist exhibiting his journey through metal, wood and paint. Adapt Gallery and Design, 2834 College Ave. 649-8501  

www.adaptgallery.com  

“50 Years of Photography in Japan 1951 - 2001” through Nov. 5: An exhibition from The Yomiuri Shimbun, the world’s largest daily newspaper with a national morning circulation of 10,300,000. Photographs of work, love, community, culture and disasters of Japan as seen by Japanese news photographers. Mon. - Fri. 8 a.m. - 6 p.m. U.C. Berkeley, Graduate School of Journalism, North Gate Hall, Hearst and Euclid. Free. 642-3383 

“Jesus, This is Your Life - Stories and Pictures by Kids” through Nov. 16: California children, ages four through twelve, from diverse backgrounds present original artwork, accompanied by a story written by the artist. Mon. - Thur. 8:30 a.m. -10 p.m., Fri. 8:30 a.m. - 6 p.m., Sat. 10 a.m. - 6 p.m., Sun. 12 p.m. - 7 p.m. Flora Lamson Hewlett Library, 2400 Ridge Rd. 649-2541. 

“Changing the World, Building New Lives: 1970s photographs of Lesbians, Feminists, Union Women, Disability Activists and their Supporters” through Nov. 17: An exhibit of black and white photographs by Oakland photographer Cathy Cade, who captured the interrelationships of the different struggles for justice and social change. Opening reception Sept. 15, 5 - 8 p.m. Gallery Hours, Mon. - Fri. 8:30 a.m. - 6:30 p.m., Sat. 9 a.m. - 3 p.m. Photolab Gallery, 2235 Fifth St. Free. 644-1400  

cathycade@mindspring.com 

“The Whole World’s Watching: Peace and Social Justice Movements of the 1960s and 1970s” Sept. 16 through Dec. 16: A documentary photo exhibition which examines the rich history of the social movements of the 1960’s and 1970’s. Wed. - Sun., noon - 5 p.m. Berkeley Art Center, 1275 Walnut St., Live Oak Park. Free. 644-6893 

“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 Botticelli’s “Primavera” Ongoing. Call ahead for hours. Atelier 9 2028 Ninth St. (at Addison) 841-4210 or visit www.atelier9.com 

Readings 

Boadecia’s Books Sept. 21: Deborah Kesten, “The Healing Secrets of Food;” Sept. 22: A special All Poetry Dyke Open Myke, to participate call 655-1015 or feroniawolf@yahoo.com; Sept 28: The Return of Gaymes Night; Sept 29: Ellen Samuels and other contributors to “Out of the Ordinary: Essays on Growing Up with Gay, Lesbian & Transgender Parents”; Oct. 5: Mark Pritchard reads from “How I Adore You”; Oct 6: Terry Ryan reads from “The Prize Winner of Defiance, Ohio: How My Mother Raised 10 Kids on 25 words or Less”; Oct. 12: Susan Gaines reads from her novel “Carbon Dream”; Oct. 18: Patricia Nell Warren reads from her novel “The Wild Man”, Oct. 22: J.M. Redmann reads from “Death By the Riverside”; All events start at 7:30 p.m. unless noted otherwise. All events are free. 398 Colusa Ave. 559-9184 www.bookpride.com 

Cody’s on 4th Street Sept. 20: 7 p.m. Jamie Oliver, The Naked Chef, “The Naked Chef Takes Off”; Sept. 22: 10:30 a.m. Cody’s for Kids, Walter the Giant Storyteller; Sept. 25: 7 p.m. Nancy London has been cancelled; Oct 5: 7 p.m. Glen Davis Gold reads from “Carter Beats the Devil”; Oct 12: Cody’s For Kids- Rosemary Wells and Bunny Party; 1730 Fourth St. 559-9500 

Cody’s on Telegraph Ave. Sept. 17: Aldo Alvarez describes “Interesting Monsters”; Sept. 18: Clarence Walker discusses “We Can’t Go Home Again: An Argument About Afrocentrism; Sept. 19: Douglas Coupland reads “All Families Are Psychotic”; Sept. 24: Theodore Roszak discusses “Longevity Revolution: As Boomers Become Elders”; Sept. 25: Ken Croswell discusses “The Universe At Midnight: New Discoveries Illuminate the Hidden Cosmos” with a slide show presentation; Sept. 27: Bill Ayers talks about “Fugitive Days”; Oct 1: Urdsula K. Le guin reads from “The Other Wind”; Oct 2: Jonathan Franzen reads from “The Corrections”; Oct 4: Eric Seaborg looks at “Adventures in the Atomic Age: From Watts to Washington”; Oct 5: Victor Villasenor reads from “Thirteen Senses”; All shows at 7:30 p.m. 2454 Telegraph Ave. 845-7852 

Cody’s Other Venues - Sept. 20: 7:30 p.m. Cody’s presents an evening with Margaret Atwood in conversation with professor Robert Alter. $12. First Congregational Church 2345 Channing Way; Sept. 28: 7:30 p.m. Cody’s presents a Community Forum on Race and the Achievement Gap at Berkeley High School. Little Theater, Berkeley High School; Oct 7: 7 p.m. Coleman Barks- The Soul of Rumi First Congregational Church of Berkeley 2345 Dana 

Coffee Mill Poetry Series Oct. 16: 7 - 9 p.m. Steve Arntsen and Kathleen Dunbar followed by open mike reading. 3363 Grand Ave., Oakland 465-3935 ksdgk@earthlink.net 

Eastwind Books of Berkeley Sept. 29: 7 p.m. Kip Fulbeck reads from his first novel, “Paper Bullets”; Oct. 13: Leonard Chang reads from “Over the Shoulder”; Oct. 20: Miriam Ching Louie reads from “Sweatshop Warriors: Immigrant Women Workers Take on the Global Factory”; 2066 University Ave. 548-2350 

Easy Going Travel Shop & Bookstore Sept. 20: 7:30 p.m. Antarctica & The Nature of Penguins, An evening with Jonathan Chester; Oct 2: 7:30 p.m. “Dancing with the Witchdoctor: One Woman’s Adventure in Africa” by Kelly James. 1385 Shattuck Ave. 843-3533 

Lunch Poems reading Series Oct 4: 12:10 p.m. Ishmael Reed; Morrison Libary in Doe Library at UC Berkeley. Free 642-0137 http://www.berkeley.edu/calendar/events/poems/ 

Spasso Sept. 10: Sharron Jones-Reid, Fruit of the Spirit poets, acoustic musicians, comedians, rappers, performance artists, writers. All welcome. 6021 College Ave. Free admission. 

Michael Parentini Oct 4: 7:30 p.m. Discusses and signs copies of his latest book “To Kill a Nation” at Niebyl-Proctor Marxist Library 6501 Telegraph Ave 595-7417 

Susan Griffin Oct. 12: 7 - 10 p.m. Presents slide show and discusses her latest book “The Book of Courtesans: A Catalogue of Their Virtues”. $10 refundable with book purchase. Gaia Arts and Cultural Center, 2116 Allston Way 848-4242  

Tours 

Lawrence Berkeley National Laboratory Fridays 9:30 - 11:45 a.m. or by appointment. Call ahead to make reservations. Free. University of California, Berkeley. 486-4387 

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  

Museums 

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  

UC Berkeley Museum of Paleontology Lobby, Valley Life Sciences Building, UC Berkeley “Tyrannosaurus Rex,” ongoing. A 20 foot 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 will close its exhibition galleries for renovation. It will reopen in early 2002. On View until Oct. 1 : “Ishi and the Invention of Yahi Culture.” “Sites Along the Nile: Rescuing Ancient Egypt.” “The Art of Research: Nelson Graburn and the Aesthetics of Inuit Sculpture.” “Tzintzuntzan, Mexico: Photographs by George Foster.” $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 Avenue. 643-7648 or www.qal.berkeley.edu/~hearst/ 

University of California Berkeley Art Museum Pacific Film Archive has reopened after its summer-long seismic retrofit. “Martin Puryear: Sculpture of the 1990s” through Jan. 13; “The Dream of the Audience: Theresa Hak Kyung Cha (1951 - 1982)” through Dec. 16; “Face of Buddha: Sculpture from India, China, Japan, and Southeast Asia” ongoing rotation through 2003; “Matrix 194: Jessica Bronson, Heaps, layers, and curls” Sept. 16 through Nov. 11; “Matrix 192: Ceal Floyer 37’4”” Sept. 16 through Nov. 11; Wed., Fri., Sat., Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m., PFA Theater, 2575 Bancroft Way; Museum Galleries 2626 Bancroft Way; 642-0808 www.bampfa.berkeley.edu 

Lawrence Hall of Science “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. Space Weather Exhibit now - Sept. 2; now - Sept. 9 Science in Toyland; 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  

Oakland Museum of California “Half Past Autumn: The Art of Gordon Parks,” through Sept. 23; Wednesday - Saturday, 10 a.m. - 5 p.m., Sunday, noon - 5 p.m., Closed Monday and Tuesday. $6 general; $4 youths (6-17), seniors and students with ID. Free for museum members and children 5 and under. Free admission the second Sunday of the month. 10th & Oak streets, Oakland. 238-2200 www.museum.org 

Send arts events two weeks in advance to Calendar@berkeleydailyplanet.net, 2076 University, Berkeley 94704 or fax to 841-5694.

The progressive faction on the City Council prevailed Tuesday by approving a controversial redistricting plan that one moderate councilmember called “the most outrageous public policy” she had seen since being elected to the council. 

After closing a public hearing and exchanging strong rhetoric, the council, which had six plans to choose from, approved the one designed by residents David Blake and Michael O’Malley by a vote of 5-4.  

The vote fell exactly along party lines with council progressives Vice Mayor Maudelle Shirek and councilmembers Kriss Worthington, Dona Spring, Linda Maio and Margaret Breland voting for the plan. 

While the plan was approved in concept by the council, the exact language will be voted on at the council’s Oct. 9 meeting. 

Moderates were outraged at the approved plan, which they said was a thinly veiled attempt to weaken moderate Councilmember Polly Armstrong in District 8 by increasing the student population in her district from 40 percent to an estimated 52 percent.  

They also said the Blake-O’Malley plan strengthened Councilmember Kriss Worthington’s district by maintaining neighborhood groups that support him and keeping just enough students to continue voting for him, but not enough for a student candidate to challenge his seat on the council.  

Under the Blake-O’Malley plan, District 7 has approximately 62 percent students, according to Blake, a former part-time aide to Councilmember Linda Maio. 

Moderates also said the plan was “railroaded” through the public process because last-minute changes were made during a Monday meeting with David Blake, Shirek, Breland and Spring. Worthington was also at the meeting but came after the alterations were made to the plan, according to Blake. 

Progressives argued that moderates’ complaints were “sour grapes” and that overall the plan had changed little since it was submitted in August. They added that last minute changes were minor and the moderates weren’t going to like the plan no matter what. “It was pretty obvious we hit a nerve,” Councilmember Dona Spring said. “Councilmember Armstrong really didn’t want more students in her neighborhood and her colleagues defended her.” 

The City Charter requires the city’s eight districts be re-drawn every 10 years according to population shifts reported by the United States census. The charter also requires the council to approve adjusted district boundaries by Dec. 31. 

According to the 2000 Census, Berkeley’s population is 102,743, which requires the city to redraw district lines so that as close to 12,843 people are in each district. 

The situation was made more complex by an inaccurate census undercount in districts 7 and 8. Despite the blunder, the council is bound by the charter to ignore the undercount and use the inaccurate numbers to redraw district lines, which caused the shifting of larger groups between districts than would have otherwise been necessary. 

City Attorney Manuela Albuquerque advised the council the plan it chose should follow the charter requirement that “any redistricting shall preserve, to the extent possible, the council districts originally established in 1986.” 

But Albuquerque said interpretation of the word “preserve” could mean preserving geographical shape or preserving residents. 

The actual numbers of the amended Blake-O’Malley Plan were not available on Wednesday, but the original plan attempted to maintain the geographical shape of the existing districts according to the City Charter requirements, but shifted 9,322 people into different districts citywide including increasing the student population in District 8, which is currently dominated by homeowners. 

The moderates favored a staff plan known as “Scenario 5,” which also maintained geographical lines and only shifted 7,838 residents into other districts citywide. But Scenario 5 moved greater numbers of students into Worthington’s district and more homeowners into District 8. 

Prior to the council vote, Hawley, who had 1,195 constituents shifted in the Blake-O’Malley Plan, said she was amazed that the plan was changed at the last minute. She said last minute changes were a violation of public process. 

“Adoption of this plan would be the most outrageous public policy I’ve seen since I’ve been on the council,” she said. “This is truly an outrage.” 

Armstrong was clearly upset by the approval of a plan, which she said was fashioned behind closed doors. 

“With the wave of a wand (the progressives) destroyed a district, that was created in 1986 as a largely homeowner district, by putting in significantly more students.” 

Worthington said students deserve better representation and that Armstrong will have to pay closer attention to student issues.  

“I believe that the students and neighbors will get a lot more attention this year in District 8 because having 10 percent more students means they can’t be totally ignored,” he said on Wednesday.  

Mayor Shirley Dean said the approval of the Blake-O’Malley plan was at best a shrewd manipulation of public process and at worst a violation of it. “It’s about political protection and adding to the power of Kriss Worthington,” Dean said. “It is so nauseating.” 

Spring said the heavy rhetoric was “the most acute case of sour grapes she’s ever seen.” 

The Cal women’s volleyball team (4-5) broke a four-match losing streak by defeating visiting Saint Mary’s (2-9), 3-0 (30-24, 30-28, 30-25), Tuesday evening at Haas Pavilion.  

The Bears had to come from behind in every game, but had enough talent to pull out the match. Cal was led by senior setter/outside hitter Candace McNamee, who finished the match with a .316 hitting percentage (nine kills, three errors, 19 attempts) and had a career-high five service aces. McNamee was especially effective with her jump serve in the first game, tying the game, 21-21, on a service ace and then giving the Bears a 25-21 lead with four of the five points coming from aces.  

Other top players for Cal were freshman middle blocker Camille Leffall and juniors Reena Pardiwala and Leah Young. Leffall had a .533 hitting percentage (nine kills, one error, 15 attempts), Pardiwala had a .333 hitting percentage (eight kills, three errors, 15 attempts) and a team-high 10 kills and Young had a team-high 10 kills and finished with a .318 hitting percentage (10 kills, three errors, 22 attempts).  

Saint Mary’s was led by junior Rachel Avilla’s eight kills and Brooke Lowry added 10 digs.  

The Bears will next host Oregon on Friday, Oregon State on Saturday and No. 7 Arizona on Monday, with all matches beginning at 7 p.m. at Haas Pavilion.

Editor: 

Flags on Fire trucks, on porches, on lapel buttons, and sides of buildings? Of course, this a free country!  

And, I am protesting the “WAR” talk and the open-ended war powers authorization by congress (with the exception of Rep. Barbara Lee).  

There is no contradiction there. Wearing the flag, as I do, gives me the right, the license, to scrutinize what our “leaders” and the military do, to appeal for alternative ways of solving terrorist violence other than more killing, bombings, and other of the habitual urges for revenge. I do not fully trust Bush, Cheney, Powell team, any more than during the Gulf war. I revere our flag, it is imprinted in my psyche, from growing up knowing only F.D.R. as my president, saluting the flag as a Boy Scout, seeing it flying every Fourth of July and Memorial Day, and seeing it draped on my father’s casket, dead due to illnesses from gas in WWI. 

During all my years as a patriot I took advantage of my freedom in America to protest when I felt it to be appropriate, to show my disdain for violent, exploitative, and unethical decisions by elected officials and corporate powers.  

My rights and my love for our flag were most deeply imprinted as a permanent-mind picture on the morning we American POWs heard of the death of FDR from our German Guards. It was April 13, 1945 and 10,000 captured allied airmen were on a march from a POW camp in Nuremberg to Stammlager VII-A near Munich, Germany. We were angry at the guards, suspecting another attempt to demoralize us. 

The early morning air was misty cool, and our grundgy 1,000-man column was stopped in a wooded dell alongside a stream and ordered to attention. The American officer in charge announced that the German commander of our guards had given permission for a special announcement; his voice faltered, and I knew then that the rumor was true.  

He spoke the words we did not want to hear and asked for a moment of silence. A bugler out of sight in the woods across the stream played taps.  

Simultaneously, a small American flag appeared briefly to our right partially hidden by foliage. Chins quivered and tears flowed freely, the three minute ceremony was over, and the order came, “Right Turn, March.” We were headed for another town in Southern Bavaria, in the glorious spring time, while the front line bombardments rumbled in the distance. 

Now, I protest the talk of “WAR” and do so wearing the flag proudly. I fought in aerial combat, and lost dear friends in a “war” to defend the “free world” against a brutal enemy, Adolph Hitler. As a P.O.W. a vicious reality emerged for me and many others: once a war is begun God is on no ones side as attacks and counter attacks wreak carnage on both sides. Now the awful truth has reached American soil, horrible beyond words. I earned the right to “just say no” to revengeful violent actions that beget the same, and yes to seeking non-violent alternatives. 

Ken Norwood 

Berkeley 

A major makeover of one of the city’s most central downtown blocks will be on the agenda when the city’s Zoning Adjustments Board meets tonight. 

The ZAB will hear a proposal for a new five-story, 176-unit residential development immediately behind the Berkeley Public Library, between Kittredge Street and Bancroft Way. The site is currently home to a parking garage. 

In addition, the ZAB may decide tonight whether or not to grant a permit for the demolition and reconstruction of the Berkeley Inn, on the same block at the corner of Bancroft and Milvia Street. 

The residential project, called “Library Gardens,” is being proposed by TransAction Companies, which, 10 years ago, built the block-sized Berkeley Center complex, located across Kittredge from the Library Gardens site, where the Shattuck Cinemas are now housed. 

The Library Gardens project, which has already received approval from the city’s Landmarks Preservation Commission and the Design Review Committee would also include a public plaza, an outdoor childrens’ play area, ground-level retail space and expanded parking underground. 

With its 176 units, the complex would contain nearly twice as many apartments as the recently-approved Gaia Building, which Patrick Kennedy’s Panoramic Interests is building almost directly across Shattuck Avenue. It will be one of the largest housing developments ever built in Berkeley – excluding the campus – Housing Director Steve Barton said. 

The units planned are one and two-bedroom apartments, ranging in size from 525 to 793 square feet. Twenty percent of the project will be affordable to low and moderate income people. 

John DeClercq, senior vice president of TransAction, said that the project would blend in with the many historic and civic structures in the downtown area while contributing to the revitalization of the neighborhood. 

“We’re very proud of it,” he said. “Our architect has created something that is well-designed and attractive, something that’s going to contribute to downtown residential life.” 

The project has evolved considerably since it was first introduced over a year ago. Planning department staff thought the original design, which called for 196 apartments and no retail space, was “too crowded.” The view of the north facade of the Berkeley Public Library, a city landmark, would have been blocked, and the line of sight from what DeClercq characterized as a “historic window” would have been broken by the building. 

In the current plans, the project is separated from the library by a public plaza and a semi-public children’s park. The plaza would include outdoor seating for a cafe. The Habitot Children’s Museum, which currently leases space in the Berkeley Center, is expected to lease the park for programs during the day; at night, it would be available for Library Gardens residents.  

The view now carries across the plaza and down what DeClercq called the project’s “Parisian corridor,” which leads to the main entrances into the residential area. 

DeClercq said that the project, as currently designed, should pass muster at the ZAB easily. 

“In all honesty, we think this is a 9-0 project,” he said. “We’re not going to ask for extra height. We’re not looking for waivers or variances. Our project fits the city code in every way.” 

Planning staff said they had mailed out 535 notices about the project, and received only two letters in reply, both of which were in support of it. The letters were from the Berkeley Public Library and the Berkeley Repertory Theatre. 

If the project is approved, parking in the downtown area will be disrupted for six to seven months as the old “Hinks” parking garage, which has spaces for 362 vehicles, is demolished and the new garage, which will have 455 spaces, is built. 

To mitigate the problem, TransAction has proposed to lease parking space from the University of California on the weekends. During the week, valet parking would be instituted at the city’s other downtown parking garages. Additional space would be rented at Spenger’s Fresh Fish Grotto, on Fourth Street, and at Golden Gate Fields at the foot of Gilman. Shuttle buses, paid for by the developer, would run between those lots and downtown.  

Because this plan involves the use of city-owned parking structures, it must be approved separately by the City Council. DeClercq said he expected the council to hear the matter some time next month.  

The ZAB must approve or deny a permit for the project before Jan. 15, but may act as early as tonight. 

Also before the board is a request by Sudha Patel, owner of the Berkeley Inn. Patel has submitted plans to tear down the 13-unit motel, which was built in 1925, and to construct a three-story, 30-unit hotel. The Berkeley Inn is located next to the southwest corner of the Library Gardens project. 

Planning department staff say that they have not received any letters concerning Patel’s request. 

The ZAB must approve or deny a permit for this project either tonight or at its meeting next week. 

The ZAB meets at 7 p.m. in the City Council Chambers at 2134 Martin Luther King Jr. Way. 

Editor: 

We, the Board of Directors of the Gay Asian Pacific Alliance (GAPA), express our deepest sympathies to the families and friends of the innocent victims of the terrorist attacks of September 11.  

We very strongly condemn the perpetrators of these heinous crimes against innocent victims. We, like others across America and the world, have been affected, heartbroken, and touched by this terrible tragedy.  

We honor those brave passengers aboard the fourth hijacked plane who thwarted the hijackers’ attempts to inflict even more harm.  

We express our gratitude for the heroism of our firefighters, policemen, and emergency workers, many of who made the ultimate sacrifice of giving their lives, so that others may live. 

We sincerely hope for justice for all the victims of the horrific terrorist attacks of September 11, 2001. We hope that our anti-terrorism activities will prevent such tragedies from occurring in the future. 

We express our solidarity with our South Asian, Middle-Eastern, and other brothers and sisters in the United States who are being victimized and terrified by the backlash of discrimination and hate crimes (e.g. the murder of an innocent Indian Sikh), based on ethnic, cultural, political, and religious prejudice and stereotyping.  

We join all Americans in strongly condemning such discriminatory actions against those who are law-abiding U.S. citizens, residents and visitors. We call on the law enforcement agencies to enforce the law in instances where hate crimes have been committed. 

Submitted by Vincent M. Baduel, 

San Lorenzo 

for GAPA, San Francisco 

Faced with slim pickings in the search for a new associate superintendent for finances, the Berkeley School Board on Wednesday was expected to approve a $23,000-per-month contract with a Southern California consulting firm to carry out the district’s financial functions in the short term. 

Two part-time consultants with Vicenti, Lloyd and Stutzman, an educational services firm based in La Verne, Los Angeles County, have managed the district’s problem-plagued finances since the summer departure of associate superintendent Cathy James, after 11 years. 

“We thought when they first were hired that we would have a business manager sooner than it’s turned out to be,” said School Board President Terry Doran. 

The district’s finances have been plagued in the last two years by persistent fallout from the Y2K computer bug and a difficult ongoing transfer of computer operations to a new system. In August, the Alameda County education department deemed the 2001-2002 Berkeley Unified School District budget unacceptable because it overstated revenues by up to $2.5 million and omitted federal revenues and categorical programs totaling some $17 million. 

District Superintendent Michele Lawrence said at that time that the district could not meet a Sept. 8 deadline to fix its books. As a result, Alameda County officials were scheduled to formally announce the rejection of the budget at Wednesday’s board meeting. This will trigger intervention by a state-appointed budget committee. 

“The districts that have the greatest trouble recruiting are the ones that have had financial difficulties in the past,” said Kevin Gordon, executive director of the California Association of School Business Administrators (CASBO). 

Lawrence and her staff have been searching for a new business services chief, but Doran said the small pool of qualified candidates so far may necessitate either a second round of ads and queries or the hiring of a professional search firm. 

“There isn’t an active recruitment right now,” Lawrence said Wednesday.  

Dr. David Gomez, the district’s associate superintendent for administrative services, said options under consideration included looking outside California, offering a higher salary, or changing the job description or title. The first round of advertisements, Gomez said, had specified a maximum salary of $126,000. Doran said the next might rise to $150,000. 

In the meantime, the consultants are working at an annual rate of $276,000. The gap between the figures can be partially accounted for by the benefits package awarded to full-time employees, said Gordon, the CASBO chief. The consultants, said Doran, are also doing extra work on streamlining and reorganizing processes. 

The consultants are staying at “local hotels, not expensive ones,” Gomez said. 

Gordon said that the consultants’ extra cost may be a good investment. California school districts, with the most ambitious educational mandates in the country, are faced with attaining “world class standards on a third-world budget” and need to allow the time to find someone who is a proper fit for the district. 

“This is not someone who is a bean counter, this is not somebody who worries about where the furniture is going to be placed,” Gordon said. “This is a person who has to have a very broad understanding of the goals of the district and that helps to drive the budget and fiscal processes of the district to achieve those goals.” 

“It’s a broader job; it’s a leadership job,” Gordon said. 

Doran and other school board members said Wednesday afternoon that the resolution was “not controversial” among board members and that they expected it to pass. 

“It is absolutely necessary,” Doran said.

At midnight on Saturday, the Shattuck Down Low Lounge, Berkeley’s newest downtown nightclub, pulsed with activity. But outside, the streets stood silent. Theatergoers exiting Shattuck Cinemas bee-lined to their cars, and the manager at nearby Original Mel’s Diner closed up for the night. Even Starbucks, a bastion of insomnia, slumbered in the dark. 

“This is the busiest block in downtown, and there’s nobody around,” said Sergeant Abebe Lemma of PR&T Security, a private security firm hired by the theater’s property owner to patrol the area until 2 a.m. “It’s no San Francisco.” 

Not yet. But city officials hope that the activity at the Down Low marks the birth of a nightlife.  

“We don’t want a place that dies at 5 p.m.,” said Deborah Badhia, executive director of the Downtown Berkeley Association, a non-profit organization dedicated to revitalizing downtown. “We want a downtown with activity at all hours of the day and night.” 

The association’s efforts began in 1989 at the behest of downtown property and business owners seeking to invigorate the area lacking in vitality. To that end, some $150 million has been spent for public and private development projects, according to Badhia. Restaurants such as Via Centro and Santa Fe Bistro developed outdoor seating, and the new 91-unit Gaia building went up. The city also loaned $4 million to the Berkeley Repertory Theatre for its expansion and doled out $1.2 million to other arts groups seeking to move into the area. 

But even Badhia and her cohorts understand that it will take time for late night customers to reach the critical mass necessary to keep more businesses open.  

The Shattuck Down Low Lounge, one of two downtown establishments to receive approval for an expanded hours use permit this year, represents one of the tests.  

“We get people all the way up to 1:45 a.m.,” said Ace Johnson as he checked IDs of customers entering the club at 2284 Shattuck. Johnson estimated that there were already 175 to 200 people inside the club, which opened in July. It can hold 344.  

“It’s a pretty swanky club,” said Andro Hsu, a UC Berkeley graduate student who just moments earlier had been one of the 50 people out on the floor dancing to the jazz-fusion band Sfunk. “I’d come back.” 

“The club itself is gorgeous,” said Sara Roth, 24. “This could be a hotspot. It’s got so much potential.” 

Daniel Cukierman, the owner, stood at the edge of the dance floor, satisfied with his take. He said he makes enough, especially on weekends, to offset his expenses. “I’m taking my time. Right now, I want to build a nice clientele.” 

But how much time before downtown’s nightlife picks up is unclear.  

Since the mid-1990s, several arts groups and restaurants have established themselves in the area, among them Capoeira Arts Café, Downtown and Venus. Moreover, the city’s 1990 Downtown Plan, which guides future development, specifically “encourages nighttime and weekend activities that provide a longer period of activity in the area” and calls for incentives such as tax benefits and density bonuses to promote growth.  

“The mayor recognizes that for a city to thrive, it needs a vibrant downtown that attracts people from both within the city and outside of it,” said Jennifer Drapeau, chief of staff for Mayor Shirley Dean. “A lot is happening now and more will be happening soon. It’s an ongoing effort.” 

Drapeau said that within the next few months the Aurora Theatre and JazzSchool will be opening on Addison Street. In addition, Freight and Salvage, Shotgun Players and the Berkeley Symphony Orchestra are trying to secure space in the area. Drapeau also said that the mayor is working with city and university-owned garages to increase parking options for nighttime visitors.  

But for night owls, bar hoppers and club goers, there are still few post-midnight options. The last movies at Shattuck Cinemas and United Artists Berkeley begin at 11 p.m. And on one recent Saturday at 1 a.m., only Down Low, Beckett’s Irish Pub and Restaurant, Jupiter, Thalassa, Au Coquelet Café and Sun Hong Kong Restaurant remained open. 

Ciaran McDunphy, manager at Beckett’s, which opened eight months ago, said that part of the problem is perception. “We have to think: Why is it quiet on Saturday night? It’s because people are going to the city. But why are people going to the city? It’s because they think that there’s nothing in Berkeley.” 

At Jupiter, 70 people sat in the outdoor beer garden. Doorman Paul Tatum said that many patrons are stunned by the lack of clubs in Berkeley. “There’s a massive pull to the city (San Francisco),” he said, because “club hoppers require options. They want to go from one place to another and that requires a strip of clubs all within walking distance.” Tatum said that Berkeley lacks the “romantic aestheticism” of San Francisco and that it would take “a massive effort” to get people to come to Berkeley. 

Nevertheless, Tatum and others continue to work to make it happen and try to share the night owls who do show up. “If people want to dance, I send them across the street,” said McDunphy. “If people want a microbrewery, I send them to Jupiter. We all talk. It’s in our best interest. The more people who come downtown, the better it is for everyone.” 

But the Downtown Berkeley Association believes it will happen: A recent report issued by the organization points out that the ground floor vacancy rate in downtown was less than 4 percent in 2000 compared to 16 percent in 1992. 

Key to developing a night clientele are new residents. The 91-unit Gaia building on Allston Way opened this summer and another 300 housing units are two years from completion. 

Mary Lee, an undergraduate at UC Berkeley who just moved into the Gaia building, said she enjoys the convenience of her new apartment and the shops, but adds that they shut down by 9 p.m. “After midnight only a few bars are open,” she says. “Nothing really happens here.” 

LOS ANGELES — The Senate may have moved to normalize trade relations between this country and Vietnam, but lingering hostility and the current state of trade with the Asian nation may block any windfalls for California firms looking to cash in on the agreement. 

Last year, California companies exported just $78.8 million in products to the nation of 80 million people, said Bruce Smith, principal economist for the state Department of Finance. 

That represents less than one-tenth of 1 percent of the state’s total exports. 

Those products mostly included heavy equipment and agricultural items — commodities that are unlikely to increase dramatically even though the agreement calls for Vietnam to reduce tariffs and remove other trade barriers. 

“It’s not one of the glamour markets,” said Jack Kyser, chief economist with the Los Angeles County Economic Development Corp. “And there’s still a lot of hostility in this country toward the government in Vietnam.” 

The Senate on Wednesday approved the plan to normalize trade between the two former enemies. The House endorsed the measure last month, and President Bush said he will sign it. 

The flip side of the trade equation doesn’t appear much more lucrative. 

Detailed import numbers for California firms involved in trade with Vietnam were not immediately available. But Smith said total imports from Vietnam passing through California totaled just $436 million last year and included mostly agricultural commodities like coffee and rice. 

That’s less than 1 percent of total imports passing through the state. 

California has the largest population of Vietnamese people outside of that nation. The Little Saigon area of Orange County is home to 300,000 Vietnamese. Nearly 79,000 live in San Jose. Statewide, the Vietnamese population grew 60 percent during the past decade. 

Kyser believes a critical impediment to increased trade will be the “legacy of hostility” between Vietnamese-Americans and the communist regime in their homeland. 

“That may make it difficult to get trade going,” Kyser said. “After a year or so, we may see a change in those attitudes.” 

Not everyone believes those sentiments will hamper trade. 

Co Pham, chairman of the Vietnamese-American Chamber of Commerce, believes many of the group’s 400 statewide members will move quickly to do business with the Asian nation after prohibitive U.S. tariffs are reduced. 

He expects those firms can easily cash in on the market among Vietnamese immigrants for seafood, fruit and other commodities from their native country. 

As Vietnam prospers from such exports, he believes it will be able to afford expensive tech and manufacturing equipment from this country to rebuild its infrastructure. 

“Vietnam has lots of resources — coal, gas and diamond mines — but needs machinery to get it,” he said. “I think with this trade agreement it will have a good chance to rebuild.” 

LOS ANGELES — Walt Disney Co. took big financial hits at its theme parks and ABC television network after the Sept. 11 terrorist attacks but has seen steady recovery during the past two weeks, a company executive said Wednesday. 

Still, it’s too early to predict the prospects for fiscal 2002 in any detail, Disney president Bob Iger told Wall Street analysts during a teleconference. 

“Despite the current climate, the turnaround is a matter of when — not if — because of the brand strength of Disney,” he said. 

Burbank-based Disney was one of the hardest hit entertainment companies in the days after the terrorist attacks because of its extensive media and theme park holdings. Its stock price plummeted more than 20 percent to $16.98 on Sept. 20. Since then it has rebounded and closed Wednesday at $19.91. 

“Lots of things are slowly getting back to normal,” said Paul Kim, senior media analyst at New York-based Kaufman Brothers LP. ”(Iger) appeared to be realistic and sober in his assessment.” 

Disney generates 35 percent of its annual $1.2 billion in net income from its worldwide theme parks. Another 30 percent comes from its ABC broadcasting operation. 

Even before the attacks, Disney theme parks were plagued by lagging attendance as the sluggish economy kept travelers at home. 

Iger began his Wednesday presentation with a video clip from an address last week in which President Bush urged Americans to “go down to DisneyWorld in Florida, take your family and enjoy life the way you want to enjoy it.” 

“That surprised us, and we appreciate it enormously,” Iger said. 

Without providing specifics about attendance or revenue, Iger cited a “drop-off” at Disney theme parks in this country as leisure travel stalled immediately after the attacks. 

He said DisneyWorld was hit harder than Disneyland because 50 percent of visitors to the Florida resort arrive by plane. Only 25 percent of Disneyland guests travel to the California attraction by air. 

To compensate for the losses, employees’ hours have been cut and strategic marketing efforts are under way. 

“We’ve seen an uptick in attendance almost every day since Sept. 11,” Iger said. “Experience informs us that people keep taking vacations during difficult times. Those who don’t are only delaying them.” 

As proof, Iger noted that advance bookings at Disney resorts are now running ahead of cancellations. 

Concerning ABC, Iger said Disney expects to recoup more than 90 percent of the revenue from advertising it pre-empted while airing 91 consecutive hours of attack coverage. Other networks also offered nonstop news. 

Iger did not put a pricetag on that advertising but Kim said it could have exceeded $10 million a day. However, like vacation travel, that advertising was not lost but simply deferred, Kim said. 

Iger said additional financial promise is reflected in the upcoming theatrical release of the film “Monsters Inc.” and “Snow White” on DVD and VHS. 

“The last few weeks are no bellwether for what’s ahead,” he said. 

CHICAGO (AP) — In its latest concession to the severe dropoff in air travel, United Airlines said Wednesday it is discontinuing its United Shuttle brand at the end of October and incorporating at least some of those flights into United and United Express flights. 

It was not immediately clear how many flights would be eliminated, United spokesman Joe Hopkins said. He said it’s not yet certain how many daily flights the airline will be operating as of Nov. 1 when the latest cutbacks are incorporated, saying the schedule is still being worked on. 

United Shuttle operates mostly in the West, using a fleet of 59 Boeing 737 airplanes. Before the Sept. 11 terrorist attacks that caused passenger demand to slump badly, it offered about 468 daily flights. 

The nation’s second-biggest airline said United or United Express will continue to offer service in nearly all markets that currently have Shuttle service. 

The service cutback is the second announced this week by United, which said Monday it will downgrade service in several cities at end of the month. 

Since Sept. 11, the airline has reduced its schedule from 2,400 daily flights to about 1,900. Last week, it announced that it will fly 69 percent of its schedule beginning Nov. 1. It also has said it will cut at least 20 percent of its work force of about 100,000. 

United said it continues to adjust its operation to reflect softened demand. It said it sees, in particular, less demand for heavy-usage, quick-turnaround flights in its system. 

“Our goal is to maintain the best possible schedules for customers and communities that rely on United for service, while maintaining flexibility to fine-tune our capacity to meet demand,” said Christopher D. Bowers, United Airlines’ senior vice president-North America. “Eliminating Shuttle allows us to achieve this by using a mix of either larger or smaller jet aircraft depending on market conditions and frequency needs.” 

Hopkins said discontinuing the United Shuttle brand means that “instead of a 737, you might see a bigger airplane” operating the route under the United or United Express brand. 

On Monday, United said it will end all service in Little Rock, Ark.; Bellingham and Yakima, Wash.; Lynchburg, Va.; and Victoria, British Columbia. It also said it will withdraw service from Allentown, Pa.; Knoxville, Tenn.; Norfolk, Va.; Portland, Maine; Raleigh-Durham, N.C.; and Santa Barbara, Calif.; and replace it with United Express, its regional carrier. 

Also being eliminated are United Express service between Washington-Dulles and Allentown, Pa.; Cincinnati, Akron and Canton, Ohio; Louisville, Ky.; and Knoxville, Tenn.; and nonstop service between Washington-Dulles and Sacramento, Calif. 

OAKLAND — Kaiser Permanente won the bidding war to assume the lease for a high-tech warehouse formerly used by Webvan, the now bankrupt online grocer. 

The Oakland-based HMO will take over the warehouse, equipment and software used by the defunct dot.com. Kaiser will pay more than $3.5 million for the technology and machinery that make the automated warehouse function. 

The HMO outbid Louis Borders, founder of Webvan and the Borders bookstore chain. 

Foster City-based Webvan filed for bankruptcy in July. Two firms are handling the sale of Webvan’s warehouse equipment, computers, trucks, office furniture and other hard assets. 

SAUSALITO — Like many on the West Coast, amateur radio operator Robert Sanford was roused from his bed around 6 a.m. on Sept. 11. 

“My friend, Mike, called me. He said, ‘You gotta get up. The World Trade Center’s been hit by a plane,’”’ Sanford said. 

The New York City native and 10-year radio enthusiast immediately went to his den, or “command center,” as he calls it, and turned on his computer and television. 

Another East Coast friend used the Internet to feed Sanford radio transmissions between police and fire officials and their dispatchers. 

“I started listening and I thought, ’Maybe I should record this stuff,”’ he said Wednesday. 

As he watched the tragic events unfold on his television screen, it quickly felt more personal. 

“I was hearing people who were at the scene, rather than reporters in a nonchalant voice remaining calm,” he said. “People at the scene were pretty much screaming for help. That brought a whole different feeling to it.” 

More than two hours later, Sanford, 44, who sells appliances at Best Buy, left for work. 

The transmissions he recorded offer a behind-the-scenes look at how rescue personnel quickly organized to deal with an unprecedented disaster. 

Just after the first tower collapsed, a New York City fire dispatcher responded to a voice calling for help. 

“I’m beneath the north pedestrian bridge,” the voice said. “I don’t have much air. There was a building collapse. I was on the street. I don’t have much air. Please send somebody.” 

“Listen to me,” the dispatcher responded. “You need to calm down and relax. We do have somebody on the way over to you. Get off the air. Remain calm.” 

Often, in those first hours after the collapses, the dispatcher called for a unit and received only silence in return. 

After the second tower collapsed, a police dispatcher tracked perhaps a dozen reports of officers trapped. In an emotional exchange, he tried to pinpoint the location of a seriously injured officer, who could barely speak. 

“Try to talk into your radio,” he said on the air. “What was your last location? What was your last location? Talk to us.” 

“Help me,” was all the trapped officer could utter, her voice laced with pain. 

Sanford was stunned by what he heard. 

“These guys are the best of the best. They can handle anything that’s thrown at them, but this was too much even for them,” Sanford said. “The bedlam on the radio — everyone was kind of losing it.” 

SACRAMENTO (AP) — Citing the increased costs, Gov. Gray Davis vetoed bills Wednesday that would have encouraged medical students to practice in underserved areas and discouraged mothers from abandoning newborns. 

Davis also turned down bills that would have allowed people in drug rehabilitation programs to receive welfare and food stamps and allowed school personnel to help students take nonprescription medicine with parental permission. 

In each case the governor cited the cost of the bill in veto messages to lawmakers. 

The medical student bill, by Sen. Kevin Murray, D-Culver City, would have allocated $1 million to help repay the school loans of medical students who agreed to practice in areas with a shortage of physicians. 

Davis said the assistance should come from the local sites that benefitted from the additional doctors. 

He vetoed a similar bill last year. 

The governor also cited cost in vetoing a bill that would have authorized $1 million for a media campaign to inform pregnant women about a law that tries to prevent the abandonment of newborns in trash bins or other unsafe places. 

Under that statute, enacted last year, a mother who surrenders a newborn at a hospital emergency room or other place designated by county officials won’t face child abandonment charges. 

Davis said he was “highly supportive” of the media campaign bill by Sen. Jim Brulte, R-Rancho Cucamonga, but that there wasn’t money to pay for it in the increasingly strapped state budget. 

He ordered administration officials to work with the Education Department and attorney general’s office on an outreach plan that would “address this issue in a cost-effective manner.” 

Davis said the student medication bill could have been interpreted as a state-mandate on schools that could cost the state $40 million a year. He said he would sign a similar bill next year that was “clearly permissive in nature rather than mandatory.” 

Supporters said the welfare bill by Assemblywoman Jackie Goldberg, D-Los Angeles, would have helped people stay off drugs and out of prison. 

The measure would have allowed people convicted of drug use or possession after 1997 to take part in the CalWORKs welfare-to-work program and to receive food stamps if they take part in drug treatment programs. 

Davis said the state shouldn’t be expanding eligibility for CalWORKs “due to continuing economic uncertainty.” 

The governor also signed bills that will: 

— Allow taxpayers to donate part of their state income tax returns to a fund for lupus research, once another voluntary contribution fund is dropped from state tax forms. 

— Require the state Coastal Conservancy to prepare a plan to complete the 1,200-mile California Coastal Trail. 

— Allow rental car companies to temporarily rent passenger vehicles registered in other states for use in California. The measure is intended to mitigate any shortage of rental cars stemming from the disruption of airline service after the attacks on the World Trade Center and Pentagon. 

SACRAMENTO — State agencies filed more than $1 billion in claims against Pacific Gas and Electric Co. in federal bankruptcy court Wednesday, the deadline for seeking such payments. 

California Attorney General Bill Lockyer also reiterated his request that the federal Securities and Exchange Commission review the transfer of billions of dollars by PG&E to its parent company, PG&E Corp. 

The California Department of Water Resources submitted a claim for $258.7 million on top of the $179.4 million it sought in an initial filing last week for energy purchases it made on behalf of the company’s customers since PG&E filed for bankruptcy April 6. 

Additional claims were filed by a dozen agencies, including the departments of Fish and Game, Toxic Substances Control, various regional water quality control boards, Board of Equalization and Franchise Tax Board. Those claims are for such things as unpaid taxes and environmental cleanup costs, said Lockyer, who submitted the $1.1 billion worth of claims on the state’s behalf. 

PG&E “is committed to fulfill all of its valid claims, including all legitimate tax and other governmental obligations,” the company said in a statement. 

Lockyer had earlier advised state agencies to avoid filing claims in the bankruptcy court because it could jeopardize the state’s sovereign immunity, the state’s right not to be sued in federal court. But the state risked not being included in the bankruptcy settlement if it missed Wednesday’s court-ordered deadline for submitting claims. 

In his supplemental petition to the SEC, Lockyer accused PG&E Corp. of transferring the money from its subsidiary as part of an “asset grab under cover of the bankruptcy reorganization.” 

He contended the corporation is attempting to avoid scrutiny by the California Public Utilities Commission and the SEC, but argued the SEC has an obligation to review the transfer “with the interests of the utility customers in full focus.” 

That accusation is “completely false,” PG&E said in its statement. The company said it anticipates an SEC review lasting several months, and said Lockyer is misinterpreting federal law.

SAN FRANCISCO — Emergency closure of offshore state rockfish and lingcod fisheries is necessary to offset high early season catches and protect the species from dangerous overfishing, state Department of Fish and Game officials said Wednesday. 

The department has recommended the closure to the Fish and Game Commission and an announcement is expected Friday on whether the fishing will be banned from some offshore sport fisheries south of Cape Mendocino all the way down California’s coast. 

Only waters deeper than 120 feet would be off limits. Nearshore fishing in more shallow waters along the coast and in shallow offshore water near rocks and islands will not be restricted. All commercial offshore fishing of the species was stopped Oct. 1. 

The closure is aimed at protecting bocaccio and canary rockfish, which in June were projected to exceed their annual commercial and recreational limits of roughly 220,400 pounds and 48,488 pounds, respectively. The daily sport limit was two bocaccio at least 10-inches in length and one canary rockfish per fisherman. For lingcod, the limit was two fish beyond 26 inches per fisherman and 1,121,836 pounds for the commercial and recreational annual limit 

Bocaccio and canary rockfish are typically found in deep water, and although lingcod are not endangered, they also are off limits to sports fishermen because they are usually found in the same depths as rockfish. The restriction eliminates the chance of catching rockfish instead of the desired lingcod, said Steve Wertz, a fish and game marine biologist. 

“Both species are considered overfished and this is the second year for a rebuilding plan for bocaccio and the first for canary,” Wertz said. “It isn’t a pretty situation for those species.” 

Curt Degler of the United Anglers Nearshore Chapter in Santa Rosa said he’s been scuba diving and spear fishing in California’s waters for 25 years and has never seen such a decline in the number of fish. While he’s happy with the department’s intervention, he fears it will push more commercial and recreational fishermen to shallow water where they will continue to take rockfish and lingcod. 

“I completely stopped (spear fishing) about a year ago, and prior to that I was losing my heart for it,” he said. “I just didn’t feel right about it. I wasn’t seeing them. I’m not going to add to the problem.” 

By John Geluardi 

Daily Planet staff 

Across Berkeley, walking caravans of school children accompanied by parents - and in some cases politicians - took to the streets Tuesday morning carrying brightly colored signs to participate in International Walk to School Day. 

“Besides being fun, it’s a great way to promote the benefits of walking or riding to school,” said Berkeley Unified School Board Member John Selawsky, who rode his bicycle along with a walking caravan. “It’s also a great way of interacting with neighbors and getting to know your community better.” 

The annual event is part of a national Safe Routes to School campaign, which works to increase the number of kids walking to school by making the streets safer for pedestrians. Joining communities across the country, the Bicycle Friendly Berkeley Coalition’s Safe Routes To Schools program organized walking caravans to seven of the city’s elementary schools for the annual event. 

The California State Senate approved a bill providing $70 million statewide in September for creating safer routes to schools and educating students, parents and teachers about the benefits of walking or biking to school. The bill is expected to be signed by Gov. Gray Davis by the end of October. 

One walking caravan, headed for Malcolm X Arts and Academic Magnet School, began its 15-block trip at 7:20 a.m. from College Avenue. About 15 people started on the walk but as the group made its way down Woolsey Street, stopping at homes along the way to collect more parents and students, the ranks of the colorful procession swelled to nearly 50 people and one dog. 

Also joining the walking caravan en route were supportive city officials, including Mayor Shirley Dean, Councilmember Kriss Worthington and Transportation Commission Chair Stephen Wheeler. 

Kids and parents carried brightly colored signs painted with traffic safety messages such as “Slow down for Kids.” Two school girls carried yellow cardboard cutouts in the shape of a vehicle with “Malcolm X Walking School Bus” written on its side. Many drivers honked in support as the caravan made its way to school along the tree-lined residential streets of south Berkeley. 

“Walking to school is important because it saves oil,” said Malcolm X student Hanna Curtiss. “And basically I’ve never really walked to school before. It’s fun.” 

Berkeley’s Safe Routes to Schools Project Manager Sarah Syed, who organized the walking caravans at the seven elementary schools for Walk to School Day, said it was important for city officials to participate in the event. 

“It’s great to have city leaders walk along with the kids so they can see how short the traffic light cycles are at intersections and how fast the traffic is.” 

Katherine Capps, who joined the caravan with her daughter Miranda Hourula, said she felt secure walking with a large group, but has reservations about walking to school in smaller groups of two or three people. 

“Crossing the streets in Berkeley has become dangerous,” she said. “There have been times when I’ve been in the middle of the crosswalk with two or three kids and cars still race through as if we weren’t there.” 

The walking caravan encountered one aggressive driver on Woolsey Street who felt the adult bicyclists accompanying the group were not moving fast enough. The woman, driving a maroon Volvo with three school-aged passengers, honked her horn as she accelerated onto Woolsey Street dangerously near one bicyclist. 

Unsatisfied, the woman stopped her car and yelled unintelligibly in the general direction of the walking caravan before speeding away. While no children were in danger, some of the parents said the driver’s behavior was unsettling. 

Wheeler agreed that some Berkeley streets are dangerous for pedestrians and bicyclists but said the majority of neighborhood streets are really quite safe. He said that parents who feel they have to drive their kids to school have become a “little too overprotective.” 

“Ironically parents are making the situation more dangerous for kids because so many of them are driving their kids to school, which creates more traffic,” he said.  

Wheeler added that it would only take improving safety at a few key intersections to make Berkeley a safer place overall to walk and bicycle to schools. 

The mayor’s husband, Dan Dean, a former Berkeley High School counselor, who also joined the walking caravan, said one benefit of children walking to school is they have used up some excess energy by the time they arrive in class and are ready to concentrate.  

“Walking to school is also great for waking up the kids who don’t wake up so easily in the morning,” he said.  

Selawsky said walking or bicycling to school promotes health in two ways; by getting kids in the habit of exercising and by reducing automobile pollution.  

“If some of the people who walked or rode in the caravan today continue to do it on a regular basis, then it was a success,” he said. 

Wednesday, Oct. 3 

Special PRC Meeting 

The meetings of the Police Review Commission scheduled for Sept. 26, Oct. 10 have been cancelled. A special PRC meeting will be held Oct. 3 at South Berkeley Senior Center. Regular PRC meetings will resume on  

Oct. 24. 

Commission on the Status of Women Meeting 

7:45 p.m. 

North Berkeley Senior Center 

1901 Hearst St. 

Commissioners wil hear report from subcommittee on sexual harassment and violence against women and the mayor’s special study groups report on domestic violence. 

Community Action Team 

7 p.m. 

3260 Sacramento, Second Floor 

Community Action Team Advisory Group hosts evaluation of the Sept. 12 Town Hall Summit and reviews the groups work plan and next steps. 665-6809 

Fire Safety Commission  

Meeting 

7:30 p.m. 

Fire Department Taining Facility 

997 Cedar St. 

The buffer zone subcommittee will provie a report on activities in and around the buffer zone, and report on meetings of the subcommittee. 

Toddler Storytime 

7 p.m. 

West Berkeley Library 

1125 University Ave. 

For families with children three years or younger, a program to expose the youngest readers to multicultural stories, songs and finger plays. Every Wednesday through Nov. 28. 

Prose Writers’ Workshop 

7 - 9 p.m. 

Berkeley/Richmond Jewish Community Center Library 

1414 Walnut St.  

From op-ed to fiction, memoir to the feature article - a community 

writers' group to support and encourage a community of interests. Workshop format. Free. 524-3034 

Thursday, Oct. 4 

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 

Community Environmental  

Advisory Commission 

7 p.m. 

2118 Milvia St., Suite 200 

Discussion of venue for future Lawrence Berkeley National Laboratory will continue. 

Public Works Commission Meeting 

7 p.m. 

North Berkeley Senior Center 

1901 Hearst St. 

Commission will draft a council report from the Commission on Disability on traffic signal accessibiliy. 

Housing Advisory Hearing 

7:30 p.m. 

South Berkeley Senior Center 

2930 Ellis St. 

Public hearing on a proposed amendment to the Unified Building Code that would ban the installation of new open hearth fireplaces and allow only installation of new wood burning appliances approved by the Federal EPA or the Bay Area Air Quality Management District. 

The Lost Daughters of China 

7:30 p.m. 

Easy Going Travel Shop &  

Bookstore 

1385 Shattuck Ave. 

Karin Evans discusses the complex societal and cultural issues surrounding the adoption of abandoned infant girls from China. 843-3533 

Saturday, Oct. 6 

Free Sailboat Rides  

1 - 4 p.m. 

Cal Sailing Club 

Berkeley Marina 

The Cal Sailing Club, a nonprofit sailing and windsurfing cooperative, give free rides on a first come, first served basis on the first full weekend of each month. Wear warm clothes and bring a change of clothes in case you get wet. Children must be at least 5 years old and must be accompanied by an adult. Visit www.cal-sailing.org  

Fire Suppression 

9 a.m. - noon 

Office of Emergency Services 

997 Cedar St. 

Free classes in Community Emergency Response Training (CERT). 981-5605 www.ci.berkeley.ca.us 

Poetry Reading 

3 - 5 p.m. 

South Branch Berkeley Public Library 

1901 Russell St. 

Bay Area Poets Coalition holds an open reading. 527-9905 

Sunday, Oct. 7  

Animal Blessings 

10 a.m. 

All Souls Episcopal Parish 

2220 Cedar St. 

Celebration of the Feast of St. Francis allows pets to gather in the courtyard. Following the service, the public is invited for refreshments and a children’s zoo with a pony, chickens, rabbits and ferrets in the courtyard. 

West Berkeley Market 

11 a.m. - 5 p.m. 

University Avenue between Third and Fourth Streets  

Family-oriented weekly market. Crafts, music, produce, and specialty foods. 654-6346 

Monday, Oct. 8 

Rite of Christian Initiation for Adults Inquiry Program 

7:30 p.m. 

St. Mary Magdalen Parish 

2005 Berryman St. 

A program to learn everything you wanted to know about the Catholic Church but never had the chance to ask. 526-4811 

Franciscanism, Understanding the Vision 

1 - 2 p.m. 

Franciscan School of Theology 

1712 Euclid Ave. 

Graduate Theological Union presents seminar exploring the lives, times and writings of and about Francis and Clare of Assisi.  

848-5232 

Tuesday, Oct. 9 

Berkeley Farmers’ Market 

2-7 p.m. 

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

Berkeley Camera Club 

7:30 p.m. 

Northbrae Community Church 941 The Alameda 

Share your slides and prints with other photographers. Critiques by qualified judges. Monthly field trips. 531-8664 

Free Early Music Group 

10 - 11:30 a.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Small group sings madrigals and other voice harmony every Tuesday. 655-8863 

Town Hall Meeting 

4 - 6 p.m. 

South Berkeley Senior Center 

2939 Ellis St. 

The Affordable Housing Advocacy Project presents a discussion on the Berkeley Housing Authority Howmeownership Program. 548-5803 

–compiled by Guy Poole 

“Berkeley Lite” heavy handed  

Editor, 

I am writing in response to your recent “Berkeley Lite” editorial regarding the School Board, Superintendent Michelle Lawrence, and the Brown Act. I refer to it as an editorial because even though it appeared on the front page of your fine paper instead of the editorial section, it seemed both far too personal, and very much an opinion to be classified as news.  

Let’s start with that first “clandestine” trip to Southern California. I was a part of that team, so unlike you, I can report first hand. There were so many people from the school community on that delegation, that we could have painted BUSD on the side of the airplane. I thought that it was the most innovative step that we had taken in this district, and it proved to be so very worthwhile. Should the board have issued an open invitation to the community? Would they have gotten better press if they had invited you along? Neither would have been appropriate in this stage of the interview process. I didn’t take part in any of the earlier stages of the selection process, because the board wanted to include as many people as possible in the process, and divided up the tasks.  

Next we moved on to a positive future for the district and the board, as Michelle seemed to bring much of the experience and expertise that we needed. So far, you’re the only person that I’ve heard question her abilities or motives. 

Yes, the board needs to take charge, and to be less dependent on the staff. That has always been a problem, and is part of the reason that we chose Ms. Lawrence. She is working hard to train the directors, and to develop the necessary independence, but this is a huge change in the culture of our board. An obvious part of that process was when she suggested that they conduct a preliminary evaluation of her performance. You related this to an annual review. We expect a 100 day review of elected officials and other important positions; why do you think we should wait until our superintendent has been on board for a year before the board gives her any feedback or direction? 

For her to recommend that the board should evaluate her performance now is a positive recommendation, one that encourages them to take charge and insure that she is moving in the right direction. Sure, it shouldn’t have taken place in the employee’s home, but to imply that something improper was intended is ludicrous.  

The district, the many volunteers (thousands) who work in the district, and the greater community are working hard to move ahead and make the BUSD as fine as it should be. What role does the Daily Planet plan to take in this effort? So far your message is clear, and I find your thirst for conflict very disappointing.  

Mark A. Coplan 

Willard Parent 

Don’t renovate Cal stadium 

Editor: 

UC Berkeley is about to start a campaign to raise private funds to renovate Memorial Stadium. It is projected to cost millions for a seismic retrofitting and also a facelift. It seems like a very expensive item for a football team that only plays five to six games a season. Since there is such demand for other facilities on campus, it would seem narrow-minded not to think of how else that space could be utilized. Why not have the football team play in the Oakland Coliseum (Network Associates Stadium). It is currently a better facility than Memorial Stadium and its location and access to Mass Transit is superior. The campus then could demolish the stadium for other uses. Part of the new space could be used to build a world class training facility for all athletes.  

The training facility would go much further in helping the athletic teams to succeed than renovating an old stadium. Particularly, training facilities are more critical to football players than others. However, it would still help the other athletes as well – male and female. Another portion of the space could be devoted to student housing. The money to build to the student housing usually comes from the state. However, with rents so sky-high in the Bay Area, a creative university-private partnership to build affordable (reasonably) priced rental units for students should be considered. I think newly built facilities can also be engineered to better withstand seismic activity than renovating old facilities. 

I am big sports fan. However, the idea of a football stadium in the location of Strawberry Canyon is something that made sense in the early 20th century but is very unpractical in the early 21st century. Critics, particularly the Alumni will say, how will the students get to the games?  

What they don't realize is that much of the student population is living far from the campus due to the housing shortage and high rents. You could give the UC students subsidized BART tickets to get to the Coliseum on gameday as part of their ticket purchase. The idea of the stadium on campus is a romantic notion of the alumni. In Pittsburgh, Pa. the Steelers and the University of Pittsburgh are sharing a new downtown stadium and alleviating the heavy burden on the university to do it on their own. They probably have had better football tradition than Cal in the last 50 years. It is time to think creatively regarding Memorial Stadium and using it's space for other facilities. It is ironic that creative thinking needs to be called for in a place like Berkeley. 

Mike Ganim 

Berkeley 

Correcting the record: Local 39 wants reasonable repayment 

Editor:  

Thank you for Jeffrey Obser's story on BUSD suing its own employees over the district's payroll error in your Sept. 29 edition. It is a convoluted, difficult issue to explain and he did a very balanced job of reporting. I want to correct one misstatement made by Rick Spaid, a Local 1 spokesperson, in regards to actions by Stationary Engineers, Local 39. Mr. Spaid is quoted as saying that Local 39 “definitely gave people the impression they would not have to pay this money back.” Mr. Spaid knows better. Local 39 helped employees write signed declarations addressed to the School Board and the Superintendent in June. These declarations stated unambiguously that employees were willing to pay back any monies they had been paid in error. They asked for two things: an accurate accounting of what they had been overpaid and a reasonable repayment plan so that they and their families wouldn't suffer any further hardship. The District has not complied with either request and has chosen instead to sue these employees.  

Stephanie Allan, 

Stationary Engineers,  

Local 39  

IAC stands against racism 

Editor: 

As the one of the organizers of the Rally for America held on campus Monday, and a leader of the Israel Action Committee, I feel I must respond to Cheryl Leung's accusations printed here about the behavior of the Israel Action Committee, Jewish Student Union, and other groups and individuals involved in the rally. At no time did any official participant in the rally direct any slur at a Muslim student.  

The rally was covered by dozens of journalists, including the Daily Planet. Most articles reported how we made it crystal clear that we stand against racism and hate directed at Arabs, Muslims, Jews, and Israelis. Not one reporter mentioned anything about our speakers attacking anyone due to their religion or national origin, because it did not happen.  

Ms. Leung is correct in saying that the rally was pro-America, and that it was also in support of America's allies such as Israel, England, Japan and other countries who have stepped up to stand with America. Ms. Leung apparently sees supporting America and her allies as a bad thing, not surprising considering that thousands of Palestinians supported by Ms. Leung and the group she represents, Students for Justice in Palestine, danced in the streets upon hearing the news of America's disaster. Indeed Students for Justice in Palestine held a celebration called Intifada Week on campus last week. Considering that American citizens have been killed by suicide bombings in Israel as part of the Intifada, in light of the World Trade Center suicide bombings one has to question exactly what message SJP and its representatives are trying to send with their Intifada celebrations and attacks on student groups who want to support the struggle against terrorism. 

Randy Barnes 

Berkeley 

Make protests peaceful this time 

Editor: 

No apology needed for removing flags from Berkeley fire trucks. Protecting firefighters and equipment was smart. We should dust off the “family album” and show this generation of firefighters and demonstrators why protection might be needed. In the ’60s anti-war demonstrations, the flag and anyone or anything it was attached to became a target, especially police, their vehicles, and even firefighters. Back then, when downtown Berkeley was, in effect, bombed by demonstrators, we had to be escorted home from school by the National Guard to protect us from all that peace and love that had become very ugly, very scary, and very destructive.  

What kind of behavior will be tolerated in our city this time? The nostalgic troublemakers are already strategizing. Berkeley had better back up its No Hate Zone claim, or nothing said here will be credible. Buzzwords like tolerance, diversity, peace, and understanding won’t mean a thing if Berkeley allows the behavior we saw three decades ago. Want the flag to keep flying on fire trucks? Then don’t let the flag become the dividing line again. Think leaders should resolve things peacefully? Then don’t slide backward into using rocks and bottles and fists and burning flags to get your message across. And when the rioters tell us, “Sometimes people get hurt and things get broken when you’re standing up for what you believe in!” remember that’s exactly what may have to happen in this war against terrorism that we’re now in.  

Jeanne Gray Loughman 

Fourth-Generation Berkeley Native

924 Gilman Street Oct 5: Subincision, Gary’s Agenda, Eugene (+ tba); Oct 6: Tight Brothers from Way Back When, Smash Your Face, Cherry Valence, Bare Bones; Oct 12: One Line Drawing, Funeral Dinner, Diefenbaker, Till 7 Years Pass Over Him; Oct 13: Dead and Gone, Cattle Decapitation, Vulgar Pigeons, Wormwood, Antagony; Most shows are $5 and start at 8 p.m. unless otherwise noted. 

Albatross Pub Oct 3: Wesley Brothers; Oct 4:Keni “El Lebrijano” Flemenco Guitar; All free shows begin at 9 p.m. 1822 San Pablo Ave. 843-2473 albatrosspub@mindspring.com  

Café de la Paz Poetry Nitro, performance showcase with open mike. All shows free, 7 - 10 p.m. 

Cal Performances Oct. 12 - 14: Fri. and Sat., 8:00 p.m., Sun. 3 p.m. Ballet Nacional De Cuba, $24 - $46; Oct. 17 and 18: 8 p.m. Cesaria Evora, $24 - $36; Oct. 19: 8 p.m. Karnak, $18 - $30. Zellerbach Hall, UC Berkeley Campus, Bancroft Way at Telegraph, 642-0212, tickets@calperfs.berkeley.edu 

Eli’s Mile High Club every Friday, 10 p.m. Funky Fridays Conscious Dance Party with KPFA DJs Splif Skankin and Funky Man. $10; Doors open at 8 p.m. unless noted. 3629 Martin Luther King Jr. Way, Oakland. 655-6661 

Freight & Salvage Oct 3: The Robin Nolan Trio; Oct 4: Darol Anger & Mike Marshall; Oct 5: Golden Bough; Oct 6: The Limeliters; Oct 7: Eddie From Ohio; Oct 8: All Nation Singers, Walter Ogi Johnson, Thunder; All shows start at 8 p.m. 1111 Addison St. 548-1761 www.freightandsalvage.com 

La Peña Cultural Center Oct 6: 10:30 a.m. Gary Lapow, $4 Adults, $3 Children; Oct 13: 10:30 a.m. Derique- the high tech clown, $4 Adults, $3 Children; 3105 Shattuck Ave. 849-2568 www.lapena.org 

“The Complete Shostakovich String Quartets--Part One” Oct. 20: 10 a.m. Quartets V & VI. Performed by the prize-winning Alexander String Quartet with Robert Greenberg. $ 30, $84 for the Trio of concerts. Julia Morgan Center for the Arts 2640 College Ave. 845-8542 www.juliamorgan.org. 

“Murder Dressed in Satin” by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland. 239-2252 www.acteva.com/go/havefun 

“Twelfth Night” through Oct. 7, Tue. - Thurs. 7:30 p.m., Fri. & Sat. 8 p.m., Sun. 4 p.m., Student Matinees: Sept. 18, 20, 25, Oct. 2, @ 1 p.m. California Shakespeare Festival presents William Shakespeare’s comic tale of romance, loneliness, love and glory. Directed by Jonathan Moscone. $12 - $41. Bruns Memorial Amphitheater, Highway 24, Gateway Exit, one mile east of the Caldecott Tunnel. 548-9666  

www.calshakes.org 

“Swanwhite” through Oct. 21: Thur. - Sat., 8 p.m., Sun. 7 p.m. A new translation of the Swedish Play that asks the question what good is romantic love, directed by Tom Clyde. $20, Sundays are “Pay What You Can.” Transparent Theater, 1901 Ashby Ave. 883-0305, www.virtuous.com 

“Orestes” Oct. 5 through Oct. 21: Fri. - Sat., 8 p.m., Sun. 2 p.m. An adaptation of the classical play by Euripides that incorporates passages inspired or taken from various 20th century texts. Written by Charles Mee, directed by Christopher Herold. $6-12. Zellerbach Playhouse on the UC Berkeley campus 642-8268 

“36 Views” through Oct. 28: Tues. 8 p.m., Wed. 7 p.m., Thu. 8 p.m. w/ 2 p.m. matinee every other Thu., Fri. 8 p.m., Sat. 8 p.m. w/ 2 p.m. matinee every other Sat., Sun. 2 p.m., 8 p.m. Written by Naomi Lizuka, Directed by Mark Wing-Davey. $10 - $54. Berkeley Repertory’s Roda Theatre, 2015 Addison St. 647-2949  

www.berkeleyrep.org 

Fine Arts Cinema through Oct 3: 10 p.m. daily and 5:20 p.m. Sunday, “Dead Man” Johnny Depp plays a young man who embarks on a journey to a new town in search of a new life, and finds a heated love triangle that ends in double murder leaving William Blake (Depp) a wanted man. Directed by Jim Jarmusch; Oct 4 - Oct 9 “Battleship Potemkin” Directed by Sergei Eisenstein; 2451 Shattuck Ave 848-1143 

“Tree-Sit: The Art of Resistance” Oct 4: 7 p.m. Feature-length documentary chronicles 10 years of young activist’s struggle to protect ancient redwoods. La Pena Cultural Centre, 3105 Shattuck Ave. (415) 820-1635 

“Reykjavik” through Oct. 4: A young man’s sexual impulses go haywire when he discovers the women he has just been to bed with also happens to be his mother’s lesbian lover. Shattuck Cinemas, 2230 Shattuck Ave. 843-3456 

“Squared Triangle” through Oct. 5: noon - 6 p.m. A minimalist art exhibit featuring three Bay Area artists working in different mediums while achieving the same elegant simplicity. The Crucible, 1036 Ashby Ave. 843-5511 www.thecrucible.com 

“Inside Editions” through Oct. 12: Nine printmakers exhibit their work. 10 a.m. - 5 p.m. Tue. - Fri. Free. Kala Art Insitute, 1060 Heinz Ave. 549-2977 kala@kala.org 

“Census 2000: Asian Pacific Islander Americans” through Oct. 13; Wed. - Sat. 11 a.m. - 5 p.m.; Asian Pacific Islander American artists in roughly the demographic proportions indicated by the recent census. Free. Pro Arts, 461 Ninth St., Oakland 763-9470  

“MWP Perspectives” Jon Orvik: One artist’s journey. Through Oct. 27 Tues. - Fri. 12 - 5 p.m., Sat. & Sun. 12 - 4 p.m. Solo artist exhibiting his journey through metal, wood and paint. Adapt Gallery and Design, 2834 College Ave. 649-8501  

www.adaptgallery.com  

“50 Years of Photography in Japan 1951 - 2001” through Nov. 5: An exhibition from The Yomiuri Shimbun, the world’s largest daily newspaper with a national morning circulation of 10,300,000. Photographs of work, love, community, culture and disasters of Japan as seen by Japanese news photographers. Opening Reception Sept. 5: 6 - 8 p.m. open to the public; Mon. - Fri. 8 a.m. - 6 p.m. U.C. Berkeley, Graduate School of Journalism, North Gate Hall, Hearst and Euclid. Free. 642-3383 

“Jesus, This is Your Life - Stories and Pictures by Kids” through Nov. 16: California children, ages four through twelve, from diverse backgrounds present original artwork, accompanied by a story written by the artist. Mon. - Thur. 8:30 a.m. -10 p.m., Fri. 8:30 a.m. - 6 p.m., Sat. 10 a.m. - 6 p.m., Sun. 12 p.m. - 7 p.m. Flora Lamson Hewlett Library, 2400 Ridge Rd. 649-2541. 

“Changing the World, Building New Lives: 1970s photographs of Lesbians, Feminists, Union Women, Disability Activists and their Supporters” through Nov. 17: An exhibit of black and white photographs by Oakland photographer Cathy Cade, who captured the interrelationships of the different struggles for justice and social change. Gallery Hours, Mon. - Fri. 8:30 a.m. - 6:30 p.m., Sat. 9 a.m. - 3 p.m. Photolab Gallery, 2235 Fifth St. Free.  

644-1400 cathycade@mindspring.com 

“The Whole World’s Watching: Peace and Social Justice Movements of the 1960s and 1970s” through Dec. 16: A documentary photo exhibition which examines the rich history of the social movements of the 1960’s and 1970’s. Wed. - Sun., noon - 5 p.m. Berkeley Art Center, 1275 Walnut St., Live Oak Park. Free. 644-6893 

“Musee des Hommages” Masterworks by Guy Colwell. Faithfull 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 Botticelli’s “Primavera.” Ongoing. Call ahead for hours. Atelier 9 2028 Ninth St. (at Addison) 841-4210 or visit  

www.atelier9.com 

Boadecia’s Books Oct 6: Terry Ryan reads from “The Prize Winner of Defiance, Ohio: How My Mother Raised 10 Kids on 25 words or Less”; All events start at 7:30 p.m. unless noted otherwise. All events are free. 398 Colusa Ave. 559-9184 www.bookpride.com 

Cody’s on Fourth Street Oct 5: 7 p.m. Glen Davis Gold reads from “Carter Beats the Devil”; Oct 12: Cody’s For Kids- Rosemary Wells and Bunny Party; 1730 Fourth St. 559-9500 

Cody’s on Telegraph Avenue Oct 4: Eric Seaborg looks at “Adventures in the Atomic Age: From Watts to Washington;” Oct 5: Victor Villasenor reads from “Thirteen Senses;” All shows at 7:30 p.m. 2454 Telegraph Ave. 845-7852 

Cody’s Other Venues Oct 7: 7 p.m. Coleman Barks- The Soul of Rumi First Congregational Church of Berkeley 2345 Dana 

Lunch Poems Reading Series Oct 4: 12:10 p.m. Ishmael Reed; Morrison Libary in Doe Library at UC Berkeley. Free  

642-0137 http://www.berkeley.edu/- 

calendar/events/poems/ 

Michael Parentini Oct 4: 7:30 p.m. Discusses and signs copies of his latest book “To Kill a Nation” at Niebyl-Proctor Marxist Library 6501 Telegraph Ave  

595-7417 

Lawrence Berkeley National Laboratory Fridays 9:30 - 11:45 a.m. or by appointment. Call ahead to make reservations. Free. University of California, Berkeley. 486-4387 

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  

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.  

UC Berkeley Museum of Paleontology Lobby, Valley Life Sciences Building, UC Berkeley “Tyrannosaurus Rex,” ongoing. A 20 foot 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 will close its exhibition galleries for renovation. It will reopen in early 2002. 

University of California Berkeley Art Museum Pacific Film Archive has reopened after its summer-long seismic retrofit. “Martin Puryear: Sculpture of the 1990s” through Jan. 13; “The Dream of the Audience: Theresa Hak Kyung Cha (1951 - 1982)” through Dec. 16; “Face of Buddha: Sculpture from India, China, Japan, and Southeast Asia” ongoing rotation through 2003; “Matrix 194: Jessica Bronson, Heaps, layers, and curls” Sept. 16 through Nov. 11; “Matrix 192: Ceal Floyer 37’4”” Sept. 16 through Nov. 11; Wed., Fri., Sat., Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m., PFA Theater, 2575 Bancroft Way; Museum Galleries 2626 Bancroft Way; 642-0808 www.bampfa.berkeley.edu. 

Lawrence Hall of Science “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. Space Weather Exhibit now - Sept. 2; now - Sept. 9 Science in Toyland; 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  

Oakland Museum of California “Half Past Autumn: The Art of Gordon Parks,” through Sept. 23; Wednesday - Saturday, 10 a.m. - 5 p.m., Sunday, noon - 5 p.m., Closed Monday and Tuesday. $6 general; $4 youths (6-17), seniors and students with ID. Free for museum members and children 5 and under. Free admission the second Sunday of the month. 10th & Oak streets, Oakland. 238-2200 www.museum.org 

Send arts events two weeks in advance to Calendar@berkeleydailyplanet.net, 2076 University, Berkeley 94704 or fax to 841-5694.

Hundreds of Berkeley High students came home a day early from a Yosemite National Park field trip Monday after other park guests complained of noise, threats and vandalism. 

Trip leaders said the students, all attending the experimental Common Ground “small school,” was merely the largest and most visible youth group at the Curry Village site on Sunday night and may have taken the blame for others’ behavior. 

But a spokesperson for Yosemite Curry Services, which runs the park’s lodging concession, maintained Tuesday that those who complained were not mistaken in singling out the Berkeley High group. 

“The complaints were coming from the location of the sites where they were staying,” said Karen Hales, the concession spokesperson. “That’s not to say there might not have been a couple of kids from another high school who might have been contributing to the problems, but we didn’t have any reason to believe that was the case.” 

Common Ground leaders and students interviewed by the Daily Planet concurred widely that two other high school groups had been asked to leave Curry at 5 a.m. Monday, but Hales said she had “no knowledge” of any other school group being asked to leave. 

Common Ground was founded a year ago to provide a curriculum oriented towards the environment and social justice. About 320 of its 420 students, plus 16 teachers and nine chaperones, left Berkeley early Sunday morning and planned to stay in Yosemite until Tuesday. Instead, most ninth and 10th graders left at 3 p.m. Monday. The rest left at 7:30 p.m. and were dropped off at the school late at night. 

As tired students straggled in late to class Tuesday, rumors circulated of arrests, drug use and inappropriate sexual activity.  

No arrests were made, said Scott Gediman, a ranger and spokesperson for the park. And what actually happened, differs according to the person answering the questions. 

“The reality of what happened is radically different from the fabrication and perception that has developed,” said Dana Richards, the Common Ground coordinator. “It’s kind of a nightmarish ‘telephone’ game that has emerged.”  

Principal Frank Lynch on Tuesday said he had talked to park officials.  

“I got a phone call from a ranger,” Lynch said. “‘It was a lot of kids, it was noisy and a little rowdy and all that, but all in all it wasn’t a bad group at all,’ he said.” 

Organization a problem 

The problems started at about 8 p.m. Sunday. Kathy Dervin, a chaperone and parent of a ninth-grader, said check-in was slow and Curry Village had mistakenly booked the amphitheater twice. “We had literally hundreds of students sitting and waiting to get into their cabins” with no central place to assemble them, Dervin said. Meanwhile the adults were stretched thin walking groups of four or five students at a time to 72 tents. 

At 9 p.m., Hales said, the first of 20 complaints started coming in. Guests in the huge city of 620 white canvas tents said Berkeley High students were jumping on moving vehicles, banging on cabin doors, throwing rocks at younger students, yelling and harassing other guests, and using drugs and alcohol. 

Chaperones of two large elementary school groups, Hales said, complained their children were “terrified.”  

“They were being threatened, they were saying they were going to beat them up, that they were shaking their cabins,” Hales said.  

Blamed for visibility? 

Richards said the problems had stemmed from placing a high-spirited urban high school group close to a group of sixth graders “trained to report everything to their teachers.” 

“Just the fact that they were a pretty big group there made it pretty easy for people to say, if something bad happened, it must have been them,” Richards said.  

“There was significant reason to believe there were students from other high schools that had performed these more egregious acts, like the jumping up and down on the car,” Richards said. “No one could produce any names of any Berkeley High students, no one could identify any Berkeley High students, who were related to any of the acts other than walking down the road instead of walking down the path, and other than general noisiness.” 

“Berkeley High School students cussed at each other at the customary rate for Berkeley High School students,” Richards admitted. 

Richards and Dervin both said a middle-school principal who made the most sweeping complaint made explicit reference to African-American boys. 

“If you can, draw a picture of a woman putting her hands up around her head to gesture a large afro,” Richards said. “Now, none of our kids have big afros.” 

“We have a very diverse student population,” Dervin said. “On the face of it that doesn’t mean anything, but it means differences, and people make judgments.” 

“On the basis of big black boys in the dark,” Richards said, “and on the basis of, ‘There are a bunch of students from Berkeley High on a program called Common Ground, without being able to identify anyone,’ she filed a complaint against Berkeley High.” 

Park representatives and student leaders each claim they were the first to decide on the early departure for Common Ground.  

“Curry Village was a mess,” Dervin said. “We had a lot of students and the growing sentiment was that it was too large of a group to manage.”  

“There were too many kids and a bad combination of age groups,” Richards said. 

Richards said he informed rangers late Sunday night that he would arrange it as soon as buses could be summoned, but the next morning, armed with written complaints, other rangers showed up to give them a nudge. 

“No one ever came to me and said, ‘you have to leave,’ said Richards. 

“They were asked to leave,” said Park Ranger Gediman. “But when they were asked to leave they were planning to leave anyway.” 

Some had fun anyway 

At lunchtime Tuesday in Martin Luther King Jr. Park, adjacent to campus, Marcella Leath, a senior in the Common Ground program, retorted emphatically to a circle of friends seated about her on the grass. 

“We were not kicked out of Yosemite!” she said. 

“It’s really aggravating because everybody’s saying that, and it’s not true,” said Leath in an interview. “Common Ground is already totally underestimated by the school because of what we’re trying to do.” 

Another student, who would identify herself only as Laura, said she had enjoyed hiking and yoga on the weekend, and she did not see Berkeley students engaged in any “super-bad behavior.” 

“For me personally, the weekend was really great,” she said. 

“It was really ambitious of us to try this in the first place,” said Leath. 

“The staff and parent volunteers did their absolute best. They got absolutely no sleep the entire trip.” 

A Shattuck Avenue pizza shop that opened for business in August has become Alameda County’s first restaurant to be certified “green” by the Bay Area Green Business Program. 

Extreme Pizza, a sports-themed pizza parlor located at 2352 Shattuck Ave., is the first East Bay location for the burgeoning San Francisco-based Extreme Pizza chain. 

Melanie Sheaves, general manager of the Berkeley restaurant, says that its commitment to sound environmental practices comes directly from the chain’s owners. A long-term Extreme Pizza employee, she said that the company’s green practices are one of the reasons she enjoys working for it. 

“I’m very proud of it, absolutely,” she said. 

Sheaves says that the Green Business Program did an extensive inspection of the restaurant immediately after construction of it was finished. Everything from the restaurant’s low-flow faucets to its recycling procedures were scrutinized before the certification was awarded. 

Environmental considerations were at the forefront of the shop’s design. Furniture at the restaurant, for instance, is made entirely of recycled materials. 

“Because we built this store from the ground up, we got to customize everything,” said Sheaves. 

Extreme Pizza has an extensive “reduce and recycle” program, said Sheaves. Tables are wiped with cloth, not paper, towels. Napkins are made from bleach-free recycled paper. Leftover food is donated to programs serving the homeless. 

“The only things we don’t recycle is food that goes bad – which is hardly anything,” she said. 

The Green Business Program, which is sponsored by local governments, utility companies and the Association of Bay Area Governments, has only recently come up with environmental standards for the restaurant industry. 

Susan Sasaki, GBP consultant, said that in addition to certifying businesses, the program provides aid to companies in complying with local and county regulations. 

“From the beginning, we’ve focused on technical assistance to small businesses,” she said. 

The GBP has already developed standards for green auto shops, printers, hotels and other industries. Seventy Alameda county businesses are already green-certified under guidelines specific to those industries. The GBP’s next project, Sasaki said, is to devise guidelines for landscaping firms. 

Sasaki said that going green is a sound business move.  

“Businesses benefit economically by being green,” she said. “They save money by being energy-efficient, but they also get more business.” 

Presumably, too, in the environmentally-aware East Bay, green businesses earn the respect and devotion of employees like Sheaves. 

“I still live in San Francisco,” she said. “But I take BART to work.” 

The Green Business Program can be contacted at 531-5377.

Dissatisfied with the university’s draft Environmental Impact Report on the various construction projects proposed for the northeast quadrant of the UC Berkeley campus, the City Council voted unanimously in executive session Tuesday to seek outside legal counsel to advise them on how best to respond to the environmental document. 

Fifteen people addressed the council before the closed-door session, called to explore whether the city ought to sue the university over the EIR for its proposed Northeast Quadrant Science and Safety Project. 

Speakers, many of whom live near the proposed project – to include the demolition and reconstruction of Stanley Hall and Davis Hall North, and the addition of a new building next to Soda Hall – argued the construction would keep Hearst Avenue closed for four years, forcing traffic onto adjacent streets. The noise and dust would be intolerable, they said. 

Some 460 employees are to be added to those who now work in this area of the campus, the “farthest away from public transit,” argued neighborhood activist Doris Willingham. 

Pamela Sihvola, co-chair of the Committee to Minimize Toxic Waste and L.A. Wood, a commissioner on the Community Environmental Advisory Commission, expressed concern over toxic residue from laboratories that would be dismantled and reconstructed. “The final EIR for the NEQSS should list the inventory of all the radioisotopes and hazardous chemicals that have been used in Stanley Hall during its life time,” and other buildings under consideration for demolition, they wrote. Studies then should be made of the soil and groundwater “to determine the degree of contamination of all NEQSS sites.” 

Others pointed out that a major earthquake fault runs near the site, which is, therefore inappropriate for laboratories using hazardous materials. Northeast Berkeley resident Jeannie deVries argued the university should put the labs at its Richmond facility. 

Opponents of the project – there were no supporters who spoke at the meeting – pointed to the University of California at San Francisco whose growth was limited by legislative action. Similar limits were placed on the growth of the Oakland airport, they said, arguing that the legislature should place limits on UC Berkeley expansion. 

No university spokesperson was available to respond after the late afternoon meeting. In past interviews, the university has argued that it has no choice but to upgrade the buildings to make them earthquake safe. The projects “are proposed to facilitate new research and teaching efforts in the public interest,” an introduction to the draft EIR says.

The “Blake-O’Malley” redistricting plan squeaked by with a 5-4 margin Tuesday night, to the outrage of the moderate council faction. 

That was because Dave Blake, co-author of the plan, met with three progressive members of the council – Vice Mayor Maudelle Shirek, councilmembers Margaret Breland and Dona Spring – Monday afternoon before the plan came back to council. As a result of those meetings, Blake made changes to the district boundaries he had originally proposed. 

Moderates contended that neither they nor the public had seen the new iteration of the plan. 

Councilmember Margaret Breland argued that she would vote for the plan she thought was best. 

To this, Councilmember Polly Armstrong responded: “Let’s not have any of that self-righteous crud. This is spitting in the face of the City Charter. But they have five votes and they will do what they want to do.” 

She continued: “It’s just politics, it’s just politics, it’s just politics.” 

The five voting in favor of the plan were: Shirek, Spring, Breland and councilmembers Kriss Worthington and Linda Maio. 

See Thursday’s Daily Planet for a detailed look at the new districts.

SAN FRANCISCO — Some of the nation’s most kid-friendly cities are struggling to keep their children. Recent census figures show they aren’t faring too well. 

While San Francisco boomed during the 1990s, it ended the decade with 4,100 fewer kids than it began. This youthful city has passed Seattle to become the major American city least likely to have a household with kids. 

The lure of bigger back yards and better schools in the suburbs continued to draw families away from desirable cities such as Austin, Texas and Portland, Ore. Mighty housing costs muscled out others. 

“It’s just crazy that I can’t live where I’m from,” said Laurie Alessandra, 35, a native San Franciscan who left to find an affordable two-bedroom apartment for her partner and twin girls she is adopting. “It breaks my heart. It’s a cool city for kids.” 

Indeed, many of the kid-bare cities rank as the nation’s most kid-compatible places. Portland, Seattle and San Francisco rated among the top five major cities for kids in one 2001 survey. 

“You would think that people with kids would gravitate toward these cities,” said Tim Cline of Zero Population Growth, the Washington, D.C.-based group that ranked the cities. 

Instead, San Francisco has polished its reputation as a destination for those old enough to vote but too young for a mid-life crisis. 

“Cities actually serve as marriage markets,” said Edward Glaeser, a Harvard professor of urban economy. “They’re attractive places for young singles to be.” 

In San Francisco, puppies have become as prevalent as toddlers — there are an estimated 100,000 dogs in a city with 112,800 residents under age 18. 

Other cities, notably industrial metropolises such as Detroit, Baltimore and Milwaukee, also lost under 18 population. But they shrank overall. 

San Francisco was unique among major American cities in that it grew by 53,000 people to 777,000 residents during the 1990s — and still lost kids. Over that span, it also became the nation’s first city to budget for kids’ programs and even impaneled a “children’s council” to coordinate city agencies, said Deborah Alvarez-Rodriguez, director of San Francisco’s department of children, youth and their families. 

“Kids and families are certainly coming in for our services,” said Alvarez-Rodriguez. “What we need now is for them to stay and live here.” 

City leaders are meeting to discuss reversing the alarming trend. 

San Francisco’s school district is the only of California’s 10 largest with a shrinking enrollment. Kids live in fewer than one in five San Francisco households, compared with more than one in three households nationally, according to Census 2000 data. 

Some day-care centers that once had year-long waiting lists now scramble to fill their ranks. 

“We’ve never ever had to go out recruiting children before,” said Judith Baker, who for nearly 30 years has been executive director of the publicly subsidized South of Market Childcare, Inc. 

By the end of August, the center had filled only about 50 of 68 slots for children from low-income families 

Those with the means to leave must choose between their nesting instincts and the rush of city life that attracted them in the first place. 

“We wanted to be able to afford a place with a yard,” said Holly Schick, 32, who moved with her husband, Robin, from San Francisco in 1999 — when their son Isaac was two. 

Not all families are leaving cities in droves. 

In Seattle, where mayors have mounted campaigns to keep kids in town, the under-18 population grew 3 percent even though it didn’t match the city’s overall growth rate of 9 percent, according to census data. 

”(Children) are the canaries in the mine shaft of livability, whether that’s the safety of our streets, or any other criteria,” said deputy mayor Tom Byers. “I don’t think any city can be really healthy without its fair share of kids.” 

A man was the victim of a car-jacking early Sunday morning at the corner of Curtis Street and Hearst Avenue, according to police. 

Police say that around 1 a.m. Sunday, a man left a late-night business establishment with several friends. After saying goodnight to his companions and turning to walk toward his dark green Toyota Camry, he noticed a man allegedly running toward his car. The victim was opening his car door when the suspect hit him over the head with a bottle, then grabbed him by the throat, according to Sgt. Kay Lantow, police spokesperson. 

The suspect allegedly told the victim to hand over his money. The victim handed him his wallet. The suspect then told the victim to give him his car keys, police said. When the suspect went to retrieve his keys from his pocket, the suspect made a sudden move, police said. Thinking he was about to be hit again, the victim dropped his keys and blocked his face. 

The suspect retrieved the keys, told the victim not to “do anything stupid” and drove away in his car, Lantow said. As of Monday afternoon, the car had not been recovered. 

Police describe the suspect as a white male, around 19 or 20 years old, 5 feet 8 inches, weighing about 145 pounds. He was wearing a dark beanie cap, and his face was covered with a dark blue bandana. 

*** 

Wild Oats Market on University Avenue reported that it suspected an employee of stealing approximately $700 from a cash register Saturday. The theft was not noticed until around 11 p.m., but a co-worker told the police that an employee had left suddenly in the middle of his shift. 

*** 

A man died at Golden Gate Fields horse-racing track early Saturday morning. 

The Alameda County coroner’s office ruled that Raul Medina, a 22-year old native of Tamaulipas, Mexico died from natural causes after suffering from a seizure. 

Police say that a person who works in the stables at Golden Gate Fields heard someone cry out in pain sometime before 8:50 a.m. Suspecting that a horse had injured someone, the employee looked through a door and saw Medina lying on his back and pounding at his chest with his clenched fist. 

Paramedics were called. They determined that Medina had suffered a seizure, and transported him to the Highland Hospital emergency room in Oakland. 

A police spokesperson said that officers on the scene were initially concerned about blood found on Medina’s clothing. However, the coroner’s report said that the blood was from an earlier injury. 

*** 

A man was held up at knife-point outside his home at the corner of Ninth Street and Bancroft Way early Saturday morning, police said. 

The victim told police that four people, two men and two women who frequently loitered on the corner approached him around 5:30 a.m. as he exited his home. 

As they came near, one man raised his shirt, pulled out a switchblade knife and opened it with the push of a button, police said. The man with the knife pointed it at the victim, while the other man stood nearby, police said. The two women allegedly stood at some distance. 

The victim took out his wallet and asked his assailants if they wanted his money. They took the $110 he had with him and left, Lantow said. 

The suspect who carried the knife is described as a black male between the ages of 21 and 24, approximately 5 feet 9 inches, clean-shaven and with short, black hair. He was wearing a blue T-shirt, blue jeans and tennis shoes. The other man was around 19 years old, 5 feet 6 inches with a 3 inch afro. He was wearing a red T-shirt, blue jeans, black tennis shoes and a black ski cap. 

*** 

A man and a woman, both in their early 20s, were robbed by two men, one of whom carried a gun, while they walked down College Avenue Friday night. 

The couple had walked past Woolsey Street when they passed a man they described as “obese.” The woman said that the suspect turned around and began to follow them. After a short distance, another heavy-set man sprung out from behind a hedge, Lantow said. He allegedly pointed a gun at the couple. 

The suspects demanded the couple’s money, police said. They handed them their wallets, which contained approximately $150 in addition to their credit cards and identification. 

Police say the suspects are black males in their mid-to-late 20s or early 30s. The gunman was about 5 feet 10 inches, 200 pounds, and wore all black clothing, with a scarf or possibly a turtleneck sweater covering his face. The heavier man was 5 feet 10 inches, 250 pounds, and wore a waist-length leather jacket and baggy pants. He had short or shaved hair.  

Police say that at least one other robbery was committed in the last week by victims who match the descriptions of the suspects. 

– compiled by Hank Sims

LOS ANGELES — Hotels across California saw some of the lowest occupancy rates in a decade after the terrorist attacks and have moved quickly to lay off workers and retool marketing plans, industry officials said Tuesday. 

Hardest hit were hotels in San Francisco and Anaheim, where occupancy dropped by about half from the same period last year to 42 percent for the week ended Sept. 22, according to an analysis by Ernst & Young Hospitality Group. 

Los Angeles also saw a steep drop, with occupancy rates falling by about one-third to 53 percent. 

The empty rooms have hotels cutting their work force and scrambling to revise marketing plans to attract locals for weekend getaways instead of jittery air travelers from out of state. 

“People can drive, and they still want to do things,” said Ernest & Young hotel industry consultant Jeffrey Dallas. 

Many hotels have resorted to layoffs to balance their books. Between 25 percent and 40 percent of hotel union members in the state have been laid off or had hours reduced, union officials said. 

“It’s been devastating,” said David Koff, senior research analyst for the Hotel Employees and Restaurant Employees International Union. “I expect it’s happening less at unionized hotels, where there are protections in place for workers, than at nonunion hotels.” 

About 207,000 Californians were employed by the hotel industry at the end of August, with an annual payroll of about $3.7 billion. 

San Francisco and Anaheim were hurt more than other cities because the falloff came during the busy convention season. Los Angeles does not book as many big meetings and group events in September, Dallas said. 

The decline compounded existing problems in San Francisco, where hotels already had seen demand slow as a result of the demise of many dot-coms. 

“The economy was soft before but this really had a tremendous effect on us,” said Roxy Stone, director of sales and marketing for the Grand Hyatt San Francisco. 

San Francisco hotels could take longer to recover than those in Southern California because the city relies more on visitors who travel by plane, Dallas said. 

By contrast, Anaheim and Los Angeles are in a better position to cash in on regional business and auto travel, he said. 

Despite cancellations in September, most conventions scheduled in California through the end of the year are expected to take place and aid hotel occupancy and revenue, Dallas said. 

“The bookings for conventions appear to be holding,” he said. “But there is still a period of uncertainty ahead.” 

SAN FRANCISCO — State power regulators on Tuesday settled a suit by Southern California Edison, allowing the utility to pay its estimated $3 billion debt in part by retaining record rate hikes levied on customers this spring. 

The agreement comes a week before the state Legislature was scheduled to reconvene under orders from Gov. Gray Davis to construct a rescue plan to help Edison pay its debts and avoid following Pacific Gas and Electric Co. into bankruptcy. 

Davis canceled the special session Tuesday afternoon. 

“Their settlement has protected the public interest and will allow the state’s second-largest utility to return to financial health,” Davis said in a written release. 

Consumer groups called the agreement a “bailout” and said the state Public Utilities Commission had failed Californians by conducting negotiations in secret rather than allowing lawmakers to publicly hash out how Californians would be affected. 

“They just bailed out Edison. These unelected officials appointed by Gray Davis did what the Legislature refused to do, and in secret agreed to order the ratepayers to bail out the company that brought us deregulation,” said Harvey Rosenfield, president of the San Diego-based Foundation for Taxpayer and Consumer Rights. “Now we have to pay off Edison’s losses to protect its shareholders.” 

The PUC countered that by helping Edison pay its debts, the utility will be able to restore its good credit rating and once again buy electricity, helping the state begin pulling away from its role of power-buyer. 

“Until we can get the Federal Energy Regulatory Commission or the courts to say that the debts are unreasonable, we need to pay the debt to keep Edison out of bankruptcy,” said PUC President Loretta Lynch. “I think that this is a balanced compromise, but clearly it does allow ratepayers to pay off some of the back debt.” 

Under the settlement, Edison will release the PUC from all claims in its suit, and will withdraw any challenges to other commission decisions related to the energy crisis. 

Tuesday’s settlement requires Edison to: 

— Use its available cash and incoming revenue to pay roughly $3 billion in debt. 

— Not pay dividends on its common stock through 2003, or earlier if it pays its debts in full. The PUC can determine whether to prevent it from paying its 2004 dividend. Edison can resume paying dividends in 2005. Edison shareholders will forego at least $1.2 billion in dividends, the PUC estimates. 

— Spend 100 percent of any refunds issued by FERC, or money obtained from suits against power sellers, on paying its debts. 

Ron Olson, an attorney for Edison, urged U.S. District Judge Ronald S.W. Lew to quickly approve the settlement, saying creditors are trying to force the utility into involuntary bankruptcy. He also said the settlement would be fair to the company’s shareholders. 

The settlement stems from a suit filed by Edison against the PUC in Los Angeles federal court in November 2000, in which Edison claimed the PUC’s refusal to raise electric rates in light of soaring power costs violated federal law and was an unconstitutional taking of property. 

Los Angeles County, which is Edison’s second-largest customer base, and San Francisco-based consumer advocate The Utility Reform Network both are parties to the suit, and Lew gave them until 4:30 p.m. Wednesday to file any objections. 

Edison and the PUC then would have to reply to their arguments by Thursday morning, Lew said. 

“It’s a $3.3 billion bailout they negotiated in secret and approved without public notice, which suggests they are ashamed, as they should be,” said Michael Strumwasser, an attorney representing TURN. 

Since January, the state has spent nearly $9 billion buying power on behalf of Edison, PG&E and San Diego Gas and Electric customers after high power costs they were unable to collect from customers due to a rate freeze pushed them into debt. Their credit ratings plummeted, rendering them unable to buy their own power. 

LOS ANGELES — Dr. John Cunningham Lilly, who championed the study of interspecies communications during a career that probed the mystery of human consciousness, has died. He was 86. 

Lilly died Sunday of heart failure at Cedars-Sinai Medical Center, his family said. 

An inventor, author and researcher, Lilly was a member of a generation of counterculture scientists and thinkers that included the likes of Ram Dass, Werner Erhard and Timothy Leary, all frequent visitors to the Lilly home. He never failed to stir controversy, especially among mainstream scientists. 

“There were those who thought he was brilliant, and there were those who just thought he was insane. I, of course, thought he was a little bit of both,” said Jennifer Yankee Caulfield, who worked on a Lilly-led project in the early 1980s to teach dolphins a computer-synthesized language. 

Lilly first gained renown in the 1950s, for his development of the isolation tank. Lily saw the tanks, in which users are isolated from almost all external stimulus, as a means of exploring the nature of human consciousness. 

He later combined that work with his efforts — for which he is perhaps best known — to communicate with dolphins, as well as experiments in the use of psychedelics. 

“During a session in an isolation tank, constructed over a pool where dolphins were swimming, I participated in a conversation between the dolphins. It drove me crazy, there was too much information, they communicated so fast,” Lilly wrote of one such experience. 

Dolphins figured large in the 19 books Lilly wrote, including “Man and Dolphin” and “The Mind of the Dolphin.” 

“It was realizing there is a universe greater than just humans,” his daughter, Cynthia Lilly Cantwell, said of his research. 

Lilly’s work inspired two Hollywood movies, “The Day of the Dolphin” and “Altered States.” 

Lilly was born Jan. 6, 1915, in Saint Paul, Minn. He earned his bachelor’s degree at the California Institute of Technology and studied medicine at Dartmouth Medical School before earning his medical degree from the University of Pennsylvania. 

During World War II, he conducted high-altitude research and later trained as a psychoanalyst. 

In the 1950s, he began studying how bottlenose dolphins vocalize, establishing centers in the U.S. Virgin Islands and, later, San Francisco, to study the cetaceans. A decade later, he began experimenting with psychedelics, including LSD and ketamine, often while floating in isolation. 

“That first trip was a propulsion into domains and realities that I couldn’t even recount when I came back. But I knew that I had expanded way beyond anything I had ever experienced before, and as I was squeezed back into the human frame, I cried,” he wrote of his first such experience. 

Lilly lived in Malibu, Calif., before he retired to Maui, Hawaii, in 1992. He remained an active lecturer, including in Japan. 

Lilly is survived by his first wife, Mary Lilly; a brother, David Lilly; two sons, John Jr. and Charles; daughters Cynthia Lilly Cantwell and Pamela Krans; and four adopted adults, Nina Castelluccio, Lisa Lyon Lilly, Barbara Clarke-Lilly and Philip H. Bailey. 

Plans for a memorial service in Los Angeles were pending. 

SACRAMENTO — It will take three weeks for the National Guard to phase in increased security measures at all 30 California commercial airports, officials said Tuesday. 

Troops wearing camouflage fatigues and carrying M-16 assault rifles will back up airport security officers and local police beginning Friday at Los Angeles and San Francisco international airports. 

It will be another week before they take their posts at nine other airports designated as a second priority by the Federal Aviation Administration. The 19 remaining airports won’t have the extra guards until Oct. 19, Gov. Gray Davis said. 

On Monday, Davis said troops would begin fanning out to airports beyond Los Angeles and San Francisco over the weekend. But the governor and national guard spokesmen said Tuesday it will take longer to get the troops trained. 

The initial round of Federal Aviation Administration training will begin Wednesday for the more than 100 guard members who will patrol Los Angeles International and the 75-80 troops needed at San Francisco. Troops will receive 16 hours of training over two days. 

The second round will go to airports in Sacramento, San Diego, Oakland, Orange County, San Jose, Ontario, Burbank, Long Beach and Fresno. 

The third batch will go to the remaining airports: Palm Springs, Oxnard, Indian Wells, Crescent City, Arcata-Eureka, Redding, Chico, Santa Rosa, Monterey, Stockton, Modesto, San Luis Obispo, Merced, Visalia, Santa Maria, Bakersfield, Santa Barbara, Carlsbad and Imperial. 

California has asked the National Guard Bureau in Washington, D.C., to initially pay for deploying 730 troops at the state’s airports, but that could change as needed, said Adjutant General Paul Monroe Jr. 

The National Guard will back up airport security officials at passenger checkpoints for four to six months, until the federal government can take over airport security. 

Davis said he believes the troops’ conspicuous presence will help ease travelers’ fears, not aggravate them, in the wake of the Sept. 11 terrorist attacks involving California-bound commercial airliners. 

Meanwhile, the Pentagon has called up 493 additional California National Guard and Reserve members, officials said Tuesday. 

They include 13 members of the 940th Security Forces Squadron, Air Force Reserve, Marysville; 70 members of the Headquarters Detail, 49th Military Police Battalion, Army National Guard, Pittsburg; 167 members of the 870th Military Police Company, Army National Guard, Pittsburg; 167 members of the 270th Military Police Company, Army National Guard, Placerville; and 76 members of the 452nd Security Forces Squadron, Air Force Reserve, Riverside. 

About 1,414 Army reservists and Army National Guard members from 13 units in seven states, and about 619 more Air Force reservists from 12 major units in 10 states, were called to active duty under the latest mobilization. 

Also Tuesday, Davis’ office announced a California day of remembrance commemorating victims of the Sept. 11 terrorist attacks. 

Among those expected to attend a noon service next Tuesday on the Capitol’s west steps are relatives of Californians who died in the four planes originally bound for Los Angeles and San Francisco. Others include firefighters, police officers and labor union members. 

POMONA, Calif. (AP) — Rodney King, victim of the police beating that led to the 1992 Los Angeles riot, pleaded innocent Tuesday to a misdemeanor charge of being under the influence of the drug PCP. 

King, 36, represented himself during his Superior Court appearance, speaking briefly to enter his plea, to say he understood the charge and confirm his identity. 

The charge stemmed from an Aug. 28 arrest by Claremont police at a hotel. Police said King mistakenly told a clerk that his car had been stolen. The clerk told officers that King, whose girlfriend had taken his car, appeared to be under the influence of drugs. 

If convicted, King would face a drug diversion program, said Sandi Gibbons, a spokeswoman for the Los Angeles County district attorney’s office. 

In a separate legal action, Pomona police on Tuesday presented Los Angeles County prosecutors a case involving King’s arrest Saturday after a traffic stop near a park. 

Police said they received complaints that King was bothering people and exposed himself to others. According to police, he displayed symptoms of PCP intoxication. 

King has twice spent 90 days in jail for misdemeanor domestic abuse convictions in the past few years. 

He remains on probation in San Bernardino County for a March 1999 incident in which he admitted abusing the mother of his teen-age daughter in Fontana. 

King’s 1991 beating led to riots when four officers were acquitted of state charges. Two officers were later convicted in federal court of violating King’s civil rights. 

King won a $3.8 million settlement in a civil rights lawsuit against the city of Los Angeles. 

SACRAMENTO (AP) — Arizona Sen. John McCain is returning a favor to California Secretary of State Bill Jones. 

McCain is supporting Jones in the race for the Republican nomination for governor. Last year Jones took a political risk when he switched his support from now-President Bush to the Arizona senator during the 2000 presidential race. 

In a letter to supporters, McCain praised Jones, whom he called his “friend and fellow reformer,” and urged backers to contribute money to Jones’ campaign. 

Although he is the state’s highest ranking Republican, Jones is the financial underdog in what is likely to be a three-way primary in March for the GOP nomination to take on Democratic Gov. Gray Davis. 

Former Los Angeles Mayor Richard Riordan, a businessman who has poured millions of his own money into past campaigns, is expected to announce this month that he will run for governor. Wealthy Los Angeles businessman Bill Simon also is seeking the GOP nomination. 

Bush personally urged Riordan to run earlier this year as part of an effort to boost the Republican Party in Democrat-dominated California and in a move that many saw as a snub to Jones. 

SAN FRANCISCO — A federal appeals court said Tuesday that the Environmental Protection Agency cannot be sued to enforce clean water laws. 

The decision stemmed from a suit the Sierra Club brought against the EPA last year claiming the government had evidence that the Nogales International Wastewater Treatment Plant, in Nogales, Ariz., was polluting the Nogales Wash and the Santa Cruz River. 

Because of cracked sewage pipes, the suit maintained, hepatitis and cholera have been detected in the two waterways. 

Environmentalists sued the International Boundary and Water Commission, and the city of Nogales, both of which operate the plant, and they sued the EPA. The Sierra Club reached an out-of-court settlement with the city and water commission to clean up the plant, but appealed a federal judge’s decision barring the group from demanding that the EPA take action against the plant. 

The 9th U.S. Circuit Court of Appeals noted that the EPA, like criminal prosecutors, are immune from suits for actions they do not take. The appeals panel said the government, not the judiciary, should decide what environmental action should be done, just as prosecutors decide whether to charge a suspected criminal. 

Two other federal circuits have ruled similarly. All three circuits, however, said the public has the right to sue suspected water polluters, which resulted in the settlement of the Sierra Club’s case. 

The Arizona Center for Law in the Public Interest in Tuscon, which argued the case on behalf of the Sierra Club, urged the 9th Circuit not to follow its sister circuits. 

“We felt the two other circuits had decided it incorrectly,” said the group’s attorney, Joy Herr-Cardillo. 

She said the group was considering asking the U.S. Supreme Court to review the decision. 

The high court might be more apt to intervene had the 9th Circuit ruled otherwise. The Supreme Court usually reviews cases when there is a split among circuits. 

The case is Sierra Club v. Whitman, 00-16895. 

ALBUQUERQUE, N.M. — A federal judge unsealed 20 of 22 documents sought by Asian-American advocacy groups trying to prove racial profiling in the prosecution last year of nuclear scientist Wen Ho Lee. 

The papers unsealed Tuesday by Judge James Parker had been reviewed for national security purposes, and most had been censored to protect classified and sensitive information, Assistant U.S. Attorney Paula Burnett said. 

Burnett told Parker the government did not oppose unsealing nearly all the documents, which were referred to in court by number only. Their contents were not immediately disclosed. 

Roger Myers, lawyer for San Francisco-based Chinese for Affirmative Action, said he hadn’t had a chance to argue about what was censored. 

Parker said if Myers and other lawyers want any of the censored material made public, they could return to court. The judge added, however, that he believed the material would be “of no importance whatsoever.” 

The government has denied it engaged in any racial profiling. 

One document remained sealed at the request of one of Lee’s attorneys. The judge ordered another document kept secret because of national security concerns. 

The 61-year-old Lee, who worked at Los Alamos National Laboratory for 20 years, spent nine months in solitary confinement before pleading guilty in September 2000 to one count of breaching national security. 

The government dropped 58 other counts when Lee admitted using an unsecured computer to download a defense document. 

At the time, Parker apologized for keeping Lee jailed in the months before the plea deal, saying the Justice and Energy departments had misled the judge and “embarrassed our entire nation.” 

The prosecution came after congressional investigations into suspected espionage on behalf of China. There was sharp disagreement within the government, including the FBI and CIA, over whether Lee was a possible spy. 

Taiwanese-born Lee, a naturalized U.S. citizen, was never charged with espionage. Asian-American groups believe he was arrested at least partly because of his Chinese ancestry. 

“I think this case far more than any other has resonated with the Asian-American community,” said Diane Chin, executive director of Chinese for Affirmative Action. 

BOSTON — Acting Gov. Jane Swift unveiled new security steps Tuesday that include a new chief of security at Logan International Airport, where hijackers boarded the two planes that smashed into the World Trade Center. 

State Police Superintendent Col. John DiFava replaces Joseph Lawless, who was reassigned to oversee security at the Port of Boston. 

“That two of those planes took off from Logan airport is particularly painful for us,” Swift said. 

She also announced the creation of a State Police anti-terrorism unit and a new cabinet-level position — Director of Commonwealth Security — that mirrors President Bush’s decision to create an Office of Homeland Security. 

“Three weeks ago, a vicious terrorist attack changed our world,” Swift said. “As we continue to grieve for those lost, we are beginning to understand the new realities facing the nation and our commonwealth.” 

She urged officials in Washington to federalize security at airports, which is now provided by airlines. 

Lawless, who was appointed in 1993 as Massport’s head of public safety, came under increasing scrutiny after the hijackings of American Flight 11 and United Flight 175. 

Lawless has said the hijackers apparently boarded the flights without violating existing security measures. 

DiFava, a law enforcement officer with 26 years of experience, will serve in the new role for 45 days while a committee studies what steps Logan must take to improve security. 

Swift is proposing $26 million for public safety expenses this year as a result of the attacks. 

OLYMPIA, Wash. — Imagine crossing Puget Sound aboard the ferry Microsoft, or hopping the Starbucks for a weekend in the San Juan Islands. Tight budgets have state officials looking at selling advertising — including naming rights — on Washington state’s fleet of ferries. 

The ferry system began exploring the idea this year as it came to grips with the loss of its share of a motor vehicle excise tax repealed last year. 

“We’re in a financial bind and we’ve got to look for creative ways to get out,” said Pat Patterson, director of public affairs for Washington State Ferries. “It goes from naming rights to restroom advertising.” 

While Patterson says renaming one of the 29 vessels would be a big step — perhaps a step outside the bounds of good taste — she’s not ruling anything out. 

“I do think that’s kind of an extreme example — unless of course Bill Gates wants a ferry named after him,” Patterson said. 

A Microsoft spokeswoman was carefully neutral. 

“We’ve not been approached,” said Stacy Drake from the company’s Redmond headquarters. ‘So without any details it’s hard to tell whether we’d be interested.” 

Starbucks was similarly noncommittal, even though the company’s green-and-white cups are a good match for the ferries’ hulls. 

“It’s too soon to say anything,” said Audrey Lincoff, a spokeswoman for the Seattle-based coffee corporation. “But when you think about it it’s kind of a cool thing.” 

The ferries are bare of advertising now, with only a few racks of brochures inside. Their names honor everything from landlocked Eastern Washington cities (Wenatchee and Walla Walla) to American Indian tribes (Klickitat and Elwha). 

But repeal of the excise tax scuttled more than 20 percent of the system’s revenue, forcing fare hikes, route cuts, layoffs and a cash transfusion from the Legislature. 

So why not advertising? Even without plastering Starbucks’ appropriately nautical double-tailed mermaid on the side, the ferries have lots of space available in their corridors, cafeterias and restrooms. Cheery logos laminated to tabletops could greet bleary-eyed coffee drinkers. 

The brochure racks bring in $170,000 a year, Patterson said. A more aggressive campaign may make many hundreds of thousands. 

Patterson says several companies have expressed interest in buying access to a captive audience of the 26 million commuters and tourists the system carries each year, including Ackerley Group, a major player in the billboard industry. Patterson is fielding proposals and plans to bring a report to the state Legislature next year. 

On land, local transit districts already wrap their buses in advertising for everything from the beloved Seattle Mariners to local TV news personalities. Extending the idea raises the somewhat alarming prospect of a 20-foot image of a 6 o’clock anchor’s face cruising into Elliott Bay. 

“Right now all these options are open,” said state Rep. Beverly Woods, a Republican who represents Poulsbo, a ferry-dependent community across Puget Sound from Seattle. “Whatever we do needs to be in good taste. I don’t know if we’re going to go so far as naming rights.” 

The Mariners play in Safeco Field, a privilege for which Safeco Insurance paid a cool $40 million. The NBA’s Seattle SuperSonics defend the hardwood in Key Arena, named for Key Bank. King County is considering selling naming rights to some of its facilities, including the velodrome at Marymoor Park, to help offset its pending budget deficit. 

Aboard the ferries themselves, commuters don’t seem to mind the idea. “Ads are everywhere anyway on buses, signs and cars, why not on ferries?” Heather Hiles, 18, of Bremerton, told The Sun. 

But a word to the wise if that Starbucks logo shows up: The company’s named for a character in Moby Dick. And like almost everybody else in Ahab’s crew, he went down with the ship. 

NEW YORK — The city easily sold $1 billion in bonds Tuesday to meet immediate costs from the World Trade Center disaster, selling out in just two hours as investors placed $4 billion worth of orders. 

Mayor Rudolph Giuliani called the response to city bonds the strongest in New York City history. He said people were eager to “make a statement that they support New York, but also that they realize the economy of New York is a very, very strong one.” 

City budget director Adam Barsky termed the bond sale a “home run.” 

The offering through the city’s Transitional Finance Authority will help the city pay trade center-related expenses such as unemployment insurance premiums, overtime, private contractors’ charges for removing debris and the cost of housing and feeding rescue workers. 

Giuliani had urged New Yorkers to buy the bonds as a way of showing confidence in the recovery of their city. The cost of cleaning up the trade center ruins and rebuilding the surrounding area has preliminarily been placed at $39 billion. 

Jay Donnaruma, a Paine Webber analyst, said Tuesday’s buyers covered the spectrum from individuals to mutual funds.While patriotism played a role in the sale, Donnaruma said the Federal Reserve’s lowering of a key interest rate Tuesday was also a factor. 

It made the bonds as attractive as money market accounts or certificates of deposits which investors have to pay taxes on. 

“This is a safe place to be,” Donnaruma said. “People say, ‘We feel good about it. This is something we can do to rebuild.”’ 

The interest rate on the one-year bonds, which are free from city, state and federal taxes, is 2.1 percent. 

The state has authorized city spending of up to $5.5 billion in state and federal money for trade center costs, and expanded the Transitional Finance Authority’s bonding limit by $2.5 billion. 

SACRAMENTO — State revenues tumbled far below forecasts in the past three months and budget officials warn that emergency reserves could dry up if the economy continues to sag. 

California took in $1 billion less than expected in income and corporate taxes and other revenues in July, August and September, the first three months of the fiscal year, according to figures released Tuesday. 

Budget officials attribute the drop to an already weak economy and the financial fallout of the Sept. 11 terrorist attacks. 

“Clearly we are heading for very difficult times here in California,” said Brad Williams, senior economist for the California legislative analyst’s office. 

Gov. Gray Davis has warned that he will veto some bills because of expected budget shortfalls, and state departments are crafting plans to shave their budgets. 

Assemblyman Tony Cardenas, an Arleta Democrat who chairs a special budget committee, said he will call for budget hearings before the beginning of the legislative session in January. 

Davis signed a $103 billion state budget in July that included $2.6 billion in reserves. But Cardenas said continued monthly revenue shortfalls will likely exhaust the reserve before the end of the fiscal year. 

“This year’s budget was termed the most difficult in 10 years, and next year’s will be even harder,” Cardenas said Tuesday in a prepared statement. 

California’s treasury is highly dependent on income tax, capital gains, corporate profits and sales tax revenues. 

The state’s income tax and corporate profit revenues fell $567 million short of projections in September, which is a key month in determining the state’s fiscal strengths. 

And while officials haven’t determined the precise effect the attacks are having on the economy, they say that layoffs and consumer reluctance to spend have endangered the treasury. 

Assembly Speaker Robert Hertzberg, D-Van Nuys, announced Monday the creation of a task force to study the impact of the attacks on the economy. 

Davis, who has been pushing for residents to start flying again and visiting the state’s tourist spots, said he is concerned with the drop in consumer spending since the attacks. 

ANAHEIM — Two high-profile restaurants are closing their doors at Disney’s California Adventure after failing to pack in big enough crowds at the struggling theme park. 

Disney spokesman Ray Gomez said Avalon Cove, a seafood restaurant owned by Wolfgang Puck Food Co., closed Monday. It was the first defection of a tenant since the theme park opened in February. 

Robert Mondavi Corp. also said it will no longer operate its Golden Vine Winery and restaurant but will remain a park sponsor. Disney will now take over control of the Mondavi attraction. 

“We want to eliminate further financial exposure,” said Nancy Light, a spokeswoman for the Oakville, Calif-based winery. The company will record a charge of more than $12 million related to its investment in California Adventure. 

A Wolfgang Puck spokesman declined to comment about the restaurant closure. 

The departures raise more concerns about lagging attendance and future prospects at the $1.4 billion resort that features a theme park, hotel and Downtown Disney development. 

When California Adventure first opened, Disney officials estimated about 7 million people would come through the turnstiles annually, or about 19,000 a day. 

But disappointing attendance prompted Disney to cut admission prices this summer from $43 to $33 for adults. Children accompanied by an adult received free admission through Labor Day weekend. 

Disney does not release actual attendance figures. But the Los Angeles Times reported Tuesday that the park drew a daily average of about 4,500 people during the week before the Sept. 11 terrorist attacks. 

Both departing eateries were designed to help lure affluent tourists to the park. 

Avalon Cove was a 350-seat restaurant and lounge that sat overlooking a faux bay in the park’s Paradise Pier section. Gomez said a new restaurant will replace Avalon Cove, catering to families and children. 

At the Golden Vine Winery, visitors could sample various Napa Valley vintages, dine at its restaurant, or shop at its gourmet store. 

SAN FRANCISCO — EMI Recorded Music will license its extensive artist catalog to pressplay, the online service that hopes to bring legitimate music downloads to consumers before year’s end. 

With the deal, EMI becomes the first of the five major labels to sign with both pressplay and MusicNet, two services set to launch later this year. 

MusicNet is a joint venture between BMG, EMI, Warner and Seattle-based technology company RealNetworks. Sony and Universal are the venture partners behind pressplay, and have promised their catalogs to that service. 

“This agreement represents another major step forward for pressplay as we prepare to launch our service,” pressplay president and CEO Andy Schon said Tuesday. 

“By combining EMI’s extensive library with the vast amount of music from Sony Music Entertainment and Universal Music Group that we have already secured, pressplay will offer consumers the single most comprehensive online music experience.” 

EMI’s roster of popular artists includes Mariah Carey, Lenny Kravitz and Snoop Doggy Dogg. 

The massive expansion into online music sales represents uncharted territory for each of the top five labels. All have battled the tide of free music online made possible by Napster and other file-sharing programs such as Gnutella and Morpheus. 

Pressplay offers consumers direct delivery of online music. MusicNet is a platform consisting of record label content and the RealNetworks technology that can be licensed for use by distributors looking to build subscription music services. 

Jupiter Media Metrix analyst Aram Sinnreich predicts that pressplay and MusicNet can co-exist, and that the EMI crossover deal breaks the ice for other labels to follow. EMI focuses solely on music production and not on distribution, so it was the likely first candidate for a crossover licensing deal. 

“They don’t want to own distribution. They’re just a record company,” Sinnreich said. He said it would be some time before either service is perfected to consumer satisfaction. 

“I think that both services will continually have to be revamped and re-conceived for the next few years before the right features and the right price point is decided upon,” Sinnreich said. 

While the city has taken steps to close down the last of Berkeley’s mobile food vendors, the City Council offered a temporary reprieve Tuesday for a popular organic food cart. 

The council approved a recommendation by Councilmember Kriss Worthington to postpone closing Veggie Heaven until the city determines if food carts will be allowed to operate at all in Berkeley. In addition, the council asked the city manager to clarify by Oct. 9, the licensing and re-licensing policy for food carts.  

Finance Director Fran David said the city already has an ordinance that only allows any food cart to operate for four years before the business becomes ineligible for license renewal. She added that no new licenses have been issued in the last two years and the owners of all remaining food carts have been given notice that they will have to shut down. 

David was unable to verify how many food cart businesses are in the city or which ones are currently operating without a license. 

Veggie Heaven is one of three food carts currently operating just outside the UC campus on Bancroft Way at Telegraph Avenue. The other two carts are the Chinese Kitchen and Musahi. All three sell lunch items for under $5.  

Food carts have been a tradition at the busy intersection since the 1960s. At one time there were as many as eight small businesses selling affordable meals primarily to students.  

Veggie Heaven, which sells burritos, wraps and combination rice plates, has been particularly popular not only for its affordable prices, but because it prepares all of its menu items with organic vegetables and meats.  

Worthington said it would be a shame if Veggie Heaven closed down because it is one of the few places where students can find an affordable, healthy meal.  

“The Veggie Heaven cart is one of the most popular because it’s one of the few places students can find inexpensive organic food,” he said. 

But despite its popularity, David said Veggie Heaven has not had a license to operate for at least 18 months. She said when current owner, Shihadeh Kitami, purchased the business, the operating license became invalid. 

David said the food cart ordinance was designed to help burgeoning entrepreneurs get started in the restaurant business with the hope that within four years they would be able to grow into permanent establishments. 

Kitami, who has in fact opened up Razan Organic Kitchen on Kittredge Street near the university, did not return calls to the Daily Planet on Monday. 

“If Mr. Kitami wanted to get a valid license for Veggie Heaven he would have to reapply to the city and his name would go at the bottom of a list that has over 100 names on it,” she said.  

David said the presence of the food carts is being re-assessed according to the Southside Plan, which is currently being developed. The plan, which is months away from approval by the City Council, would create policy guidelines for building and economic development in the area south of campus. 

University officials and the director of the Telegraph Area Association said the food carts have been controversial in the past but they were unaware of any recent complaints. 

“There were aesthetic concerns about where they were located– right at a major entrance to the campus– and there were problems with littering and the Telegraph Avenue merchants were concerned that students and faculty might stop (at the carts) and get a handy lunch instead of heading down Telegraph where they might shop, in addition to eating,” said Irene Hegarty, the director of community relations for the university. 

Hegarty said the litter issues were resolved by placing more trash receptacles in the area. 

But Hegarty said the carts could conflict with future plans to redesign Sproul Plaza, which is adjacent to food cart location. 

Owners of two nearby businesses, Blakes and Smart Alecs restaurants, said the food carts were of little concern to them.  

“We have a different clientele,” said Harry Keally, part owner of Blakes. “We’ve been here for two years and the food carts have never been an issue.” 

Scott Pennington, who works across the street, said he eats at Veggie Heaven three times a week. He said he didn’t like the idea of losing an affordable and convenient lunch source. “It’s hard to find good, inexpensive and healthy food,” he said. 

Tuesday, Oct. 2

Berkeley Farmers’ Market 

2-7 p.m. 

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

Closed-door City Council Meeting 

5:30 p.m. 

Sixth Floor Conference Room 

2180 Milvia St. 

Council will consider whether to initiate legislation challenging the anticipated approval by the UC regents Long Range Development Plan Amendment. Public comment before closed session. 

City Council meeting 

7 p.m. 

2134 Martin Luther King Jr. Way 

Council may choose preferred redistricting plan and hear a presentation on the Draft General Plan. 

Urban Gardening Training 

10 a.m. - 4 p.m. 

Santa Fe Bar & Grill 

Learn and enjoy how to intensively grow organic produce at potluck lunch at 1 p.m. 841-4740 

Berkeley Camera Club 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share your slides and prints with other photographers. Critiques by qualified judges. Monthly field trips. 531-8664 

Free Early Music Group 

10 - 11:30 a.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Small group sings madrigals and other voice harmony every Tuesday. 655-8863 

Middle East Panel Discussion 

7 - 9 p.m. 

Pacific School of Religion Chapel 

1798 Scenic Ave. 

The Graduate Theological Union presents a liberation theoretical/political view of the middle east from Jewish, Muslim and Christian perspectives. beamorris@hotmail.com 

Wednesday, Oct. 3

Special PRC Meeting 

The meetings of the Police Review Commission scheduled for Sept. 26, Oct. 10 have been cancelled. A special PRC meeting will be held Oct. 3 at South Berkeley Senior Center. Regular PRC meetings will resume on Oct. 24 

Fire Safety Commission Meeting 

7:30 p.m. 

Fire Department Training Facility 

997 Cedar St. 

The buffer zone subcommittee will provide a report on activities in and around the buffer zone, and report on meetings of the subcommittee. 

Toddler Storytime 

7 p.m. 

West Berkeley Library 

1125 University Ave. 

For families with children three years or younger, a program to expose the youngest readers to multicultural stories, songs and finger plays. Every Wednesday through Nov. 28. 

Prose Writers’ Workshop 

7 - 9 p.m. 

Berkeley/Richmond Jewish Community Center Library 

1414 Walnut St.  

From op-ed to fiction, memoir to the feature article - a community 

writers' group to support and encourage a community of interests. Workshop format. Free.  

524-3034 

Thursday, Oct. 4

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 

Community Environmental  

Advisory Commission 

7 p.m. 

2118 Milvia St., Suite 200 

Discussion of venue for future Lawrence Berkeley National Laboratory will continue. 

Housing Advisory Hearing 

7:30 p.m. 

South Berkeley Senior Center 

2930 Ellis St. 

Public hearing on a proposed amendment to the Unified Building Code that would ban the installation of new open hearth fireplaces and allow only installation of new wood burning appliances approved by the Federal EPA or the Bay Area Air Quality Management District. 

The Lost Daughters of China 

7:30 p.m. 

Easy Going Travel Shop & Bookstore 

1385 Shattuck Ave. 

Karin Evans discusses the complex societal and cultural issues surrounding the adoption of abandoned infant girls from China. 843-3533 

Saturday, Oct. 6

Free Sailboat Rides  

1 - 4 p.m. 

Cal Sailing Club 

Berkeley Marina 

The Cal Sailing Club, a nonprofit sailing and windsurfing cooperative, gives free rides on a first come, first served basis on the first full weekend of each month. Wear warm clothes and bring a change of clothes in case you get wet. Children must be at least 5 years old and must be accompanied by an adult. Visit www.cal-sailing.org  

Fire Suppression 

9 a.m. - noon 

Office of Emergency Services 

997 Cedar St. 

Free classes in Community Emergency Response Training (CERT). 981-5605 www.ci.berkeley.ca.us 

Poetry Reading 

3 - 5 p.m. 

South Branch Berkeley Public Library 

1901 Russell St. 

Bay Area Poets Coalition holds an open reading. 527-9905 

Sunday, Oct. 7

West Berkeley Market 

11 a.m. - 5 p.m. 

University Avenue, between Third and Fourth streets  

Family-oriented weekly market. Crafts, music, produce, and specialty foods. 654-6346 

Monday, Oct. 8

Rite of Christian Initiation for Adults Inquiry Program 

7:30 p.m. 

St. Mary Magdalen Parish 

2005 Berryman St. 

A program to learn everything you wanted to know about the Catholic Church but never had the chance to ask. 526-4811 

Franciscanism, Understanding the Vision 

1 - 2 p.m. 

Franciscan School of Theology 

1712 Euclid Ave. 

Graduate Theological Union presents seminar exploring the lives, times and writings of and about Francis and Clare of Assisi.  

848-5232 

Tuesday, Oct. 9

Berkeley Farmers’ Market 

2-7 p.m. 

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

Berkeley Camera Club 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share your slides and prints with other photographers. Critiques by qualified judges. Monthly field trips. 531-8664 

Free Early Music Group 

10 - 11:30 a.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Small group sings madrigals and other voice harmony every Tuesday. 655-8863 

Town Hall Meeting 

4 - 6 p.m. 

South Berkeley Senior Center 

2939 Ellis St. 

The Affordable Housing Advocacy Project presents a discussion on the Berkeley Housing Authority Howmeownership Program.  

548-5803 

Wednesday, Oct. 10

Amendment to Zoning  

Ordinance Meeting 

7 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

The Planning Commission will consider an amendment to the zoning ordinance to prohibit the conversions of existing building space from any other use to office use and the development of new office uses of 5000 square feet or more in the mixed use-light industrial zoning district. 

Toddler Storytime 

7 p.m. 

West Berkeley Library 

1125 University Ave. 

For families with children three years or younger, a program to expose the youngest readers to multicultural stories, songs and finger plays. Every Wednesday through Nov. 28. 

Prose Writers’ Workshop 

7 - 9 p.m. 

Berkeley/Richmond Jewish Community Center Library 

1414 Walnut St.  

From op-ed to fiction, memoir to the feature article - a community 

writers' group to support and encourage a community of interests. Workshop format. Free.  

524-3034 

Saturday, Oct. 13

Shelter Operations 

9 a.m. - noon 

Office of Emergency Services 

997 Cedar St. 

Free classes in Community Emergency Response Training (CERT). 981-5605 www.ci.berkeley.ca.us 

Farmers’ Market Fall Fruit Tasting 

10 a.m. - 3 p.m. 

Center Street and Martin Luther King Jr. Way 

Free samples of the whole range of fall fruit. There will be a wide variety of apples, pears and persimmons at a central location for taste-testing. 548-3333 

Pow Wow and Indian Market 

10 a.m. - 6 p.m. 

Civic Center Park 

Enjoy Native American foods, dancing and arts and crafts in Berkeley’s tenth annual Indigenous Peoples Day Celebration, this year honoring Mille Ketchesawno. 595-5520 

Monday, Oct. 15

Rite of Christian Initiation for Adults Inquiry Program 

7:30 p.m. 

St. Mary Magdalen Parish 

2005 Berryman St. 

A program to learn everything you wanted to know about the Catholic Church but never had the chance to ask. 526-4811 

Franciscanism, Understanding the Vision 

1 - 2 p.m. 

Franciscan School of Theology 

1712 Euclid Ave. 

Graduate Theological Union presents seminar exploring the lives, times and writings of and about Francis and Clare of Assisi.  

848-5232 

Editor: 

Whether Rep. Barbara Lee’s Sept. 14 vote left you proud, puzzled or apoplectic, let’s be clear about what she was voting on.  

It was not whether (in one critic’s words) “to approve giving war powers to the president.” 

As Lee acknowledged both before and after her vote, the Constitution and the War Powers Act give the president ample authority to unleash devastating retaliation against our attackers.  

That retaliation can continue for 90 days before Congressional approval is required. 

What Lee opposed was giving up Congressional oversight in advance – and indefinitely – before the Bush administration had identified the perpetrator, much less a strategy for responding. 

The administration requesting that blank check had just presided over the most deadly failure of intelligence and homeland defense in American history.  

Its diplomacy had been a disaster: for eight months, it had antagonized most of the world, and enraged the Arab world, by regressing into arrogant unilateralism. Yet it had kept the odious Taliban regime on life support – serving as its largest foreign patron, to the tune of at least $43 million. 

Now place yourself in Lee’s shoes: Would you have voted to give this gang a blank check? Some very gray and sober heads joined Lee in worrying that the Congress was rushing into passing a “second Gulf of Tonkin Resolution.” (That is, a repeat of the wrong-headed 1964 measure that allowed past presidents to escalate and extend the Vietnam War – wasting thousands of young American lives, and accomplishing nothing.) Her fellow critics included two distinguished Vietnam veterans, Senators John McCain and John Kerry, both of whom helped narrow the Sept. 14 resolution. 

In 1964, the Gulf of Tonkin Resolution passed 416-0 in the House and 88-2 in the Senate. Before long, the two Senate dissenters (both West Coast renegades) looked like geniuses. 

Rep. Lee wisely resisted a rushed, emotional statement of outrage that inadvertently gave the Bush administration authorization to blunder into unending war. Let’s be grateful for her foresight. And now let’s hope our non-cowboy allies keep this administration focused on a constructive response. 

Michael Katz 

Berkeley 

MUSIC 

924 Gilman Street Oct 5: Subincision, Gary’s Agenda, Eugene (+ tba); Oct 6: Tight Brothers from Way Back When, Smash Your Face, Cherry Valence, Bare Bones; Oct 12: One Line Drawing, Funeral Dinner, Diefenbaker, Till 7 Years Pass Over Him; Oct 13: Dead and Gone, Cattle Decapitation, Vulgar Pigeons, Wormwood, Antagony; Most shows are $5 and start at 8 p.m. unless otherwise noted. 

Albatross Pub Oct 3: Wesley Brothers; Oct 4:Keni “El Lebrijano” Flemenco Guitar; All free shows begin at 9 p.m. 1822 San Pablo Ave. 843-2473  

albatrosspub@mindspring.com  

Café de la Paz Poetry Nitro, performance showcase with open mike. All shows free, 7 - 10 p.m. 

Cal Performances Oct. 12 - 14: Fri. and Sat., 8:00 p.m., Sun. 3 p.m. Ballet Nacional De Cuba, $24 - $46; Oct. 17 and 18: 8 p.m. Cesaria Evora, $24 - $36; Oct. 19: 8 p.m. Karnak, $18 - $30. Zellerbach Hall, UC Berkeley Campus, Bancroft Way at Telegraph, 642-0212, tickets@calperfs.berkeley.edu 

Eli’s Mile High Club every Friday, 10 p.m. Funky Fridays Conscious Dance Party with KPFA DJs Splif Skankin and Funky Man. $10; Doors open at 8 p.m. unless noted. 3629 Martin Luther King Jr. Way, Oakland. 655-6661 

Freight & Salvage Oct 2: Budowitz; Oct 3: The Robin Nolan Trio; Oct 4: Darol Anger & Mike Marshall; Oct 5: Golden Bough; Oct 6: The Limeliters; Oct 7: Eddie From Ohio; Oct 8: All Nation Singers, Walter Ogi Johnson, Thunder; All shows start at 8 p.m. 1111 Addison St. 548-1761  

www.freightandsalvage.com 

La Peña Cultural Center Oct 6: 10:30 a.m. Gary Lapow, $4 Adults, $3 Children; Oct 13: 10:30 a.m. Derique- the high tech clown, $4 Adults, $3 Children; 3105 Shattuck Ave. 849-2568 www.lapena.org 

“The Complete Shostakovich String Quartets--Part One” Quartets III & IV; Oct. 20: 10 a.m. Quartets V & VI. Performed by the prize-winning Alexander String Quartet with Robert Greenberg. $ 30, $84 for the Trio of concerts. Julia Morgan Center for the Arts 2640 College Ave. 845-8542 www.juliamorgan.org. 

THEATER 

“Murder Dressed in Satin” by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland. 239-2252 www.acteva.com/go/havefun 

“Twelfth Night” Oct. 2 - 7, Tue. - Thurs. 7:30 p.m., Fri. & Sat. 8 p.m., Sun. 4 p.m., Student Matinees: Oct. 2, @ 1 p.m. California Shakespeare Festival presents William Shakespeare’s comic tale of romance, loneliness, love and glory. Directed by Jonathan Moscone. $12 - $41. Bruns Memorial Amphitheater, Highway 24, Gateway Exit, one mile east of the Caldecott Tunnel. 548-9666  

www.calshakes.org 

“Swanwhite” through Oct. 21: Thur. - Sat., 8 p.m., Sun. 7 p.m. A new translation of the Swedish Play that asks the question what good is romantic love, directed by Tom Clyde. $20, Sundays are “Pay What You Can.” Transparent Theater, 1901 Ashby Ave. 883-0305, www.virtuous.com 

“Orestes” Oct. 5 through Oct. 21: Fri. - Sat., 8 p.m., Sun. 2 p.m. An adaptation of the classical play by Euripides that incorporates passages inspired or taken from various 20th century texts. Written by Charles Mee, directed by Christopher Herold. $6-12. Zellerbach Playhouse on the UC Berkeley campus 642-8268 

“36 Views” through Oct. 28: Tues. 8 p.m., Wed. 7 p.m., Thu. 8 p.m. w/ 2 p.m. matinee every other Thu., Fri. 8 p.m., Sat. 8 p.m. w/ 2 p.m. matinee every other Sat., Sun. 2 p.m., 8 p.m. Written by Naomi Lizuka, Directed by Mark Wing-Davey. $10 - $54. Berkeley Repertory’s Roda Theatre, 2015 Addison St. 647-2949  

www.berkeleyrep.org 

FILMS 

Fine Arts Cinema through Oct 3: 10 p.m. daily and 5:20 p.m. Sunday, “Dead Man” Johnny Depp plays a young man who embarks on a journey to a new town in search of a new life, and finds a heated love triangle that ends in double murder leaving William Blake (Depp) a wanted man. Directed by Jim Jarmusch; Oct 4 - Oct 9 “Battleship Potemkin” Directed by Sergei Eisenstein; 2451 Shattuck Ave 848-1143 

“Tree-Sit: The Art of Resistance” Oct 4: 7 p.m. Feature-length documentary chronicles 10 years of young activist’s struggle to protect ancient redwoods. La Pena Cultural Centre, 3105 Shattuck Ave. (415) 820-1635 

“Reykjavik” through Oct. 4: A young man’s sexual impulses go haywire when he discovers the women he has just been to bed with also happens to be his mother’s lesbian lover. Shattuck Cinemas, 2230 Shattuck Ave. 843-3456 

EXHIBITS 

“Squared Triangle” through Oct. 5: noon - 6 p.m. A minimalist art exhibit featuring three Bay Area artists working in different mediums while achieving the same elegant simplicity. The Crucible, 1036 Ashby Ave. 843-5511 www.thecrucible.com 

“Inside Editions” through Oct. 12: Nine printmakers exhibit their work. 10 a.m. - 5 p.m. Tue. - Fri. Free. Kala Art Insitute, 1060 Heinz Ave. 549-2977 kala@kala.org 

“Census 2000: Asian Pacific Islander Americans” through Oct. 13; Wed. - Sat. 11 a.m. - 5 p.m.; Asian Pacific Islander American artists in roughly the demographic proportions indicated by the recent census. Free. Pro Arts, 461 Ninth St., Oakland 763-9470  

“MWP Perspectives” Jon Orvik: One artist’s journey. Through Oct. 27 Tues. - Fri. 12 - 5 p.m., Sat. & Sun. 12 - 4 p.m. Solo artist exhibiting his journey through metal, wood and paint. Adapt Gallery and Design, 2834 College Ave. 649-8501  

www.adaptgallery.com  

“50 Years of Photography in Japan 1951 - 2001” through Nov. 5: An exhibition from The Yomiuri Shimbun, the world’s largest daily newspaper with a national morning circulation of 10,300,000. Photographs of work, love, community, culture and disasters of Japan as seen by Japanese news photographers. Opening Reception Sept. 5: 6 - 8 p.m. open to the public; Mon. - Fri. 8 a.m. - 6 p.m. U.C. Berkeley, Graduate School of Journalism, North Gate Hall, Hearst and Euclid. Free. 642-3383 

“Jesus, This is Your Life - Stories and Pictures by Kids” through Nov. 16: California children, ages four through twelve, from diverse backgrounds present original artwork, accompanied by a story written by the artist. Mon. - Thur. 8:30 a.m. -10 p.m., Fri. 8:30 a.m. - 6 p.m., Sat. 10 a.m. - 6 p.m., Sun. 12 p.m. - 7 p.m. Flora Lamson Hewlett Library, 2400 Ridge Rd. 649-2541. 

“Changing the World, Building New Lives: 1970s photographs of Lesbians, Feminists, Union Women, Disability Activists and their Supporters” through Nov. 17: An exhibit of black and white photographs by Oakland photographer Cathy Cade, who captured the interrelationships of the different struggles for justice and social change. Opening reception Sept. 15, 5 - 8 p.m. Gallery Hours, Mon. - Fri. 8:30 a.m. - 6:30 p.m., Sat. 9 a.m. - 3 p.m. Photolab Gallery, 2235 Fifth St. Free. 644-1400 cathycade@mindspring.com 

“The Whole World’s Watching: Peace and Social Justice Movements of the 1960s and 1970s” through Dec. 16: A documentary photo exhibition which examines the rich history of the social movements of the 1960’s and 1970’s. Wed. - Sun., noon - 5 p.m. Berkeley Art Center, 1275 Walnut St., Live Oak Park. Free. 644-6893 

“Musee des Hommages” Masterworks by Guy Colwell. Faithfull 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 Botticelli’s “Primavera.” Ongoing. Call ahead for hours. Atelier 9, 2028 Ninth St. (at Addison) 841-4210 or visit  

www.atelier9.com 

READINGS 

Boadecia’s Books Oct 6: Terry Ryan reads from “The Prize Winner of Defiance, Ohio: How My Mother Raised 10 Kids on 25 words or Less”; All events start at 7:30 p.m. unless noted otherwise. All events are free. 398 Colusa Ave. 559-9184 www.bookpride.com 

Cody’s on Fourth Street Oct 5: 7 p.m. Glen Davis Gold reads from “Carter Beats the Devil”; Oct 12: Cody’s For Kids- Rosemary Wells and Bunny Party; 1730 Fourth St. 559-9500 

Cody’s on Telegraph Avenue Oct 2: Jonathan Franzen reads from “The Corrections”; Oct 4: Eric Seaborg looks at “Adventures in the Atomic Age: From Watts to Washington”; Oct 5: Victor Villasenor reads from “Thirteen Senses”; All shows at 7:30 p.m. 2454 Telegraph Ave. 845-7852 

Cody’s Other Venues Oct 7: 7 p.m. Coleman Barks- The Soul of Rumi First Congregational Church of Berkeley 2345 Dana 

Easy Going Travel Shop & Bookstore Oct 2: 7:30 p.m. “Dancing with the Witchdoctor: One Woman’s Adventure in Africa” by Kelly James. 1385 Shattuck Ave.  

|843-3533 

Lunch Poems Reading Series Oct 4: 12:10 p.m. Ishmael Reed; Morrison Libary in Doe Library at UC Berkeley. Free 642-0137 www.berkeley.edu/calendar/events/poems/ 

Michael Parentini Oct 4: 7:30 p.m. Discusses and signs copies of his latest book “To Kill a Nation” at Niebyl-Proctor Marxist Library, 6501 Telegraph Ave. 595-7417 

TOURS 

Lawrence Berkeley National Laboratory Fridays 9:30 - 11:45 a.m. or by appointment. Call ahead to make reservations. Free. University of California, Berkeley. 486-4387 

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  

MUSEUMS 

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  

UC Berkeley Museum of Paleontology Lobby, Valley Life Sciences Building, UC Berkeley “Tyrannosaurus Rex,” ongoing. A 20 foot 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 will close its exhibition galleries for renovation. It will reopen in early 2002. On View until Oct. 1 : “Ishi and the Invention of Yahi Culture.” “Sites Along the Nile: Rescuing Ancient Egypt.” “The Art of Research: Nelson Graburn and the Aesthetics of Inuit Sculpture.” “Tzintzuntzan, Mexico: Photographs by George Foster.” $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 Avenue. 643-7648 or www.qal.berkeley.edu/~hearst/ 

University of California Berkeley Art Museum Pacific Film Archive has reopened after its summer-long seismic retrofit. “Martin Puryear: Sculpture of the 1990s” through Jan. 13; “The Dream of the Audience: Theresa Hak Kyung Cha (1951 - 1982)” through Dec. 16; “Face of Buddha: Sculpture from India, China, Japan, and Southeast Asia” ongoing rotation through 2003; “Matrix 194: Jessica Bronson, Heaps, layers, and curls” Sept. 16 through Nov. 11; “Matrix 192: Ceal Floyer 37’4”” Sept. 16 through Nov. 11; Wed., Fri., Sat., Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m., PFA Theater, 2575 Bancroft Way; Museum Galleries 2626 Bancroft Way; 642-0808 www.bampfa.berkeley.edu 

Lawrence Hall of Science “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. Space Weather Exhibit now - Sept. 2; now - Sept. 9 Science in Toyland; 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  

Oakland Museum of California “Half Past Autumn: The Art of Gordon Parks,” through Sept. 23; Wednesday - Saturday, 10 a.m. - 5 p.m., Sunday, noon - 5 p.m., Closed Monday and Tuesday. $6 general; $4 youths (6-17), seniors and students with ID. Free for museum members and children 5 and under. Free admission the second Sunday of the month. 10th & Oak streets, Oakland. 238-2200 www.museum.org 

Send arts events two weeks in advance to Calendar@berkeleydailyplanet.net, 2076 University, Berkeley 94704 or fax to 841-5694.

Parents and advocates of Latino students will gather Sunday at Rosa Parks Elementary School to exchange ideas with Michele Lawrence, the Berkeley Unified School District’s new superintendent, on possible remedies for the students’ unique difficulties in the school system. 

“We wanted to introduce the new superintendent to the Latino community in a formal way so they would get a sense of who she is, as well as what she plans to do within the district,” said Santiago Casal, director of the Cesar Chavez Solar Calendar Project, which seeks to commemorate the late labor leader at the Berkeley waterfront. 

A group of Latino community leaders met with Lawrence Thursday in a preliminary session that was scheduled for one hour but went on instead for two and drew praise from participants, according to Casal. 

“I was very surprised at how accurate her own perspective and perceptions were, her reading of the culture and climate that exists here in Berkeley, in the district,” said Father Rigoberto Caloca-Rivas, executive director of the Multicultural Institute, a Berkeley non-profit that sponsors minority outreach and education programs.  

“She seems like a very strong person in terms of, number one, stomaching the things that are happening in the Berkeley schools, but also stepping into (them),” said Beatriz Leyva-Cutler, executive director of Bay Area Hispano Institute for Advancement, which provides bilingual child care. 

The superintendent, whose maiden name is Barraza, is herself a Latina. She came to Berkeley from Paramount, a Los Angeles County school district that is three-fourths Latino. 

Caloca-Rivas and Leyva-Cutler will co-host Sunday’s event, offering brief opening remarks and translating when necessary. 

“It’s a very non-threatening kind of thing,” Caloca-Rivas said, “mostly to let her know that we’re not an invisible community here in this district.” 

High on the list of topics will be the pattern of depressed achievement levels among Latino students as a group. 

“We want to reduce the racial inequality that exists here in the educational system and at Berkeley High,” said Caloca-Rivas. “The main thing is to bridge that achievement gap.” 

“The Latino parents have been very concerned about the high dropout rate, and the equity issues around the quality of education they receive,” said Rosa Parks Principal Alison Kelly, who restructured bilingual education into two-way immersion programs at her school and two others before taking her current position. Two-way immersion gradually shifts students from mostly Spanish language teaching to mostly English instruction between kindergarten and fifth grade. 

“They tend to get tracked in (English Language Learning) programs, shelter programs, and the parents are concerned that this isn’t preparing them for university, not giving them the required coursework they need for college. The other part of it that the research is really clear about is the parental involvement and the educational level of parents. So it’s a combination of things and it’s very complex.” 

Leyva-Cutler said much could be accomplished by “the parents simply feeling welcomed at the schools. What happens when there is no Spanish-speaking staff at any of the schools?” 

Father George Crespin, the pastor at the Latino-dominated Saint Joseph the Worker Catholic Church in Berkeley and another forum participant, also called for more Hispanic role models among the teachers and staff. At the high school, he said, the effort to create small schools “would be an important piece.” 

“I think in the primary school, making sure that no kid gets out of third grade unable to read and write in English (is important), because if kids don’t pick it up by that time, we see a gradual falling behind, and if we get the basics, that shouldn’t be a problem,” Crespin said. 

Bilingual education has often been passionately discussed at Latino advocates’ forums in the past, but Kelly said the new statewide policy of retention – keeping students back in English immersion until they reach grade level – has shifted debate to finding enough room in the immersion programs. 

“Because of that, bilingual education is not necessarily a priority,” said Caloca-Rivas.  

However, accountability of staff and teachers was second only to the achievement gap among the sources of frustration cited by the Latino advocates. 

“You really can’t evaluate people, because you can’t get hold of people, (and can’t figure out) their roles and responsibilities, who they are accountable to,” said Caloca-Rivas. “Everything starts to get very fuzzy and unclear when you start asking for that accountability.” 

Lawrence said Monday that her priority would be to implement “very simple basic things” such as holding teachers accountable who are not taking attendance, returning parents’ phone calls in a timely manner, and ensuring that parents either receive information sent home from school in their primary language or have access to translation services. 

More broadly, she said, parents of Latino students want their children to have access to more challenging coursework and to feel more connected to their schools. 

“There are numbers of processes that are not community friendly, that make either the immigrant or the uneducated parent, who has no background with school systems because of their lack of schooling themselves, have a much more difficult time negotiating through school systems,” Lawrence said. 

The forum will take place from 4 to 6 p.m. Sunday, Oct. 7 at Rosa Parks Elementary, 920 Allston Way. For more information, call Beatriz Leyva-Cutler at 524-7300. Other participating groups include Berkeley Organizing Congregations for Action (BOCA), Mentoring for Academic Success (MAS), Chicanos/Latinos for Academic and Social Success (CLASS), Latinos Unidos, and the Duran Foundation.

Editor: 

Senator Dianne Feinstein wants a moratorium on student visas. Some of the terrorists who entered this country did so on business visas. Should there be a moratorium of such visas? Should American business people be confined in this country for six months? Will American students be allowed to travel abroad during this period? Should they be allowed to travel, but only to Canada and Mexico? How will Oxford and Cambridge treat Americans, when British nationals aren’t allowed to study in this country? 

The Star Bulletin did a poll that found 53 percent of Canadians support the creation of a USA-Canada security perimeter, even if it means accepting INS policies. And 59 percent of respondents subscribed to the following statement: “I don’t mind giving up some of our national sovereignty if it increases overall security in North America.” 

Even the diploma mills that essentially sell visas to so-called students applying from abroad do a better job than the State Department in screening them. This year approximately one-half of the best and brightest Chinese already accepted to such prestigious graduate schools as Stanford, USC, UC San Diego, UCLA and UC Berkeley were denied visas by the Embassy in Beijing, and consulate-general and consulates throughout China. 

Meanwhile, millions of East-bound visitors have gotten off planes in Honolulu alone. I was the only one frisked from the ANA flight when I arrived at Narita Airport last Monday. 

Richard Thompson 

in Korea  

By Judith Scherr 

Daily Planet staff 

It took Maria 17 years before she told anyone her schizophrenic husband had been beating her all those years. Maria, not her real name, knew there was something terribly wrong with Juan, but was too ashamed to pour her heart out to anyone. 

“The stigma keeps people from accessing services,” said Debbie Arthur, coordinator of the city’s domestic violence prevention services. People, especially in the Hispanic and Asian communities, think, “If I go (to a therapist), I’m crazy.”  

In his recent report, U.S. Surgeon General David Satcher wrote: “A constellation of barriers deters minorities from reaching treatment. Many of these barriers operate for all Americans: cost, fragmentation of services, lack of availability of services, and social stigma toward mental illness. But additional barriers deter racial and ethnic minorities; mistrust and fear of treatment, racism and discrimination, and differences in language and communication.” 

The racial divide between those accessing services and those who do not has been a concern to Berkeley’s mental health staff for a number of years. Whites and African Americans are much more likely to access services than Hispanics and Asians, Arthur said. 

Effective treatment services depend on the mental health staff’s understanding of the client’s ethnicity and culture and the role race plays in the client’s life, said Matthew Mock, director, since 1988, of the city’s mental health services for children. 

And so Berkeley’s mental health team is trying a variety of strategies to make services more accessible to minority communities, from changing the climate of the mental health waiting rooms, to sensitizing mental health workers to cultural diversity, to taking services to the clients, whether they are in churches or on the streets. 

Race and culture matter 

“In going to the clinic, people may find (the stress factors in their daily lives) replicated by going in the door and asking for help,” said Matthew Mock. 

So the clinic attempts to employ people who speak a variety of languages, to provide materials in a number of languages and to understand the needs of clients who may have had to take three buses to get there.  

The race and language of minority patients are critical in the relationship with the therapist. Of course, when the client is talking, the therapist must be able to understand the words he’s saying. “But when we talk about culturally appropriate services, we’re not talking only about language,” Arthur said. 

The therapist must understand the meaning behind the words. 

Employing mental health staff to match the language, culture or ethnicity of all the Berkeley clients would be ideal and the city’s mental health division can partially meet that need by employing interns of diverse backgrounds. 

But a therapist and client cannot always be paired by their ethnicity and culture. And that’s where staff training in “cultural competence,” comes in. 

Cultural competence means, in part, understanding the role race plays in the client’s life. 

A Euro-American therapist must “know about the legacies of slavery, or of the Japanese internment,” Mock said. She should understand the long-term effect of the Chinese exclusion laws and about the particular kinds of stress immigrants face here. The therapist needs to understand what it means if his immigrant client is a political refugee. 

A third generation Chinese-American, Mock says traditional western therapy is not acceptable in his community. “My parents would never seek out someone like me,” he said. Mock’s parents would be reluctant to talk about personal problems to a stranger. “They would not seek help outside their own community,” he said. And they would not define the problem in the way traditional western psychotherapy sees mental health issues. Rather, they would probably see one person’s depression, for example, as an imbalance within the family structure, rather than a problem of the individual. 

A Southeast Asian and Latin American might interpret symptoms of mental illness differently, said Fred Madrano, who heads the city’s Health and Human Services Department, where the division of mental health is housed. “We can’t assume that we all see (the same thing) in the same way.” 

Therapists also need to understand that the role of the family and the extended family varies with people of different cultures. 

“(The family structure) comes in the door with women who walk in the door,” Arthur said. 

Training the mental health staff 

Berkeley mental health tries to sensitize its staff to these kinds of cultural differences and train people in how to make the client aware that the therapist understands the diversity issues and will listen with an open mind as the client talks about race and culture as part of his life and a part of what is stressing him. 

Part of that training underscores that race, in itself, is a stressor and must be considered by the therapist, along with the other stressors therapists learn about in their graduate school work. Racism, oppression, and marginalization can be significant factors in a person’s depression. These factors can cause trauma in a person’s life, Mock says. 

While the city stresses the importance of cultural awareness among its mental health staff, Mock is a critic of schools that omit questions of race when they train mental health workers and the state licensing procedure which does not require training in this area. “There is no (statewide) mandate that they have to be trained to work with different cultural communities,” Mock said. “This is an ethical issue.” 

Further, “While being highly acknowledged as having deleterious effects in society, the impact of power inequities and manifestations of oppression on mental health or illness is rarely taught in schools,” Mock wrote in a 1995 paper for the California Psychological Association: 

Need for minority mental health workers 

Training in cultural competence is only one piece of the answer. A more fundamental response would be creating a larger pool of minority mental health workers. High school students need to be funneled into the profession early, Mock says. 

The Latina Center located in Berkeley and Richmond, is attacking the problem in a unique way. Through a four-year grant, it is training a pool of paraprofessional mental health workers, who will fan out in communities from Hercules to Oakland. They’ll reach out especially to Hispanic women and attempt to remove the stigma attached to seeking services for mental health problems. They will go to churches and other community venues where the Hispanic community gathers, and facilitate peer support groups. 

“(Latinos) feel ashamed” if they need help, said Miriam Wong, the center’s director. “People need to come together and start talking about what is going on.” 

Going to the people 

Part of the challenge is to go out of the clinic to where people are. The city has a mobile crisis team that does this kind of work, often working on the streets with the city’s homeless population. 

Schools are another venue to which the city’s mental health team takes its services. Students at Berkeley High, for example, can access mental health services by going to the health clinic, rather than going to a mental health clinic. There, behind closed doors, a youth can “take off his hood and start talking about issues in his life,” Mock said. 

Mental health workers are now also in three elementary and two middle schools where they can work with both students and parents. 

The mental health staff also intervenes in the judicial system, keeping people out of jail and helping them “stay out of trouble,” Mock said. Wong adds, however, that both the courts and the police department need more training in order to differentiate between a person who needs mental health services and one who needs to be jailed. 

“There’s never enough resources,” said Harvey Turek, who heads up the city’s mental health division. 

Wong agrees, shakes her head sadly and refers back to the case of Maria, who’s schizophrenic husband battered her for years. Juan is in jail and will be there for a while, Wong said. But he’s not getting any help and won’t be any better when he gets out. 

“He’ll probably be worse,” she said. 

BOX 

Berkeley mental health services can be reached at the following numbers: 

Adult services: 2640 Martin Luther King Jr. Way 

644-8562 

Family Youth and Children’s Services 

1925 Derby St. 

644-6617 

Editor: 

Ms. Leung “challenge(s) Mr. Breiman to produce evidence of an SJP member ever advocating the destruction of the state of Israel,” something that I can do quite easily. 

Will Youmans, a vocal member of SJP, routinely questions the very validity of the state of Israel saying that the “first sin” of the Arab-Israel conflict was Jews moving to the British Mandate Palestine at the beginning of the last century. If the state is not valid, it should be destroyed. Fortunately it is very valid. 

Often SJP rallies contain posters or chants calling Zionism “racism.” If the Jewish nationalistic movement is racist then it is illegitimate, thus Israel would be illegitimate and should be destroyed. Fortunately, Zionism is no more racist than any other nationalistic movement, including Palestinian nationalism. 

The SJP Mission Statement calls for “the right of return and repatriation for all Palestinian refugees to their original homes and properties.” If all of the Palestinian refugees and their 2.5 million children and grandchildren move to Israel, that would be demographic suicide for the Jewish state; thus the “destruction of Israel.” Fortunately, Israel says it will not budge on that topic, but has instead offered reparations if they come alongside reparations to the 700,000 Jewish refugees forced to flee their homes in Arab states after the creation of Israel in 1948. 

Students for Justice in Palestine and its members do call for the destruction of the state of Israel, only in less than blunt words. Fortunately, not everyone believes your blanket statement that SJP does not advocate the destruction of the state of Israel. And fortunately Israel will never cease to exist. 

David Singer 

UC Berkeley student 

SAN FRANCISCO — Despite efforts to persuade people to abandon their cars and take mass transit, walk or ride a bicycle, 82 percent of Bay Area commuters drive or ride in a motor vehicle, according to Commute Profile 2001. 

The annual survey conducted by the Metropolitan Transportation Commission’s ride-sharing project also reports that about 17 percent of the region’s 3.5 million commuters are riding to work with others in either organized or casual carpools — an increase of 3 percent over last year and the highest rate since 1996, when carpooling began a decline. 

Bay Area-wide, 65 percent of commuters said they drive solo to and from work. That share has changed little in the nine-year history of the survey. 

BART, Caltrain and several smaller transit agencies reported steep ridership increases in the past two years, but transit still accounts for just 12 percent of the commute, according to the survey. 

Researchers interviewed 3,600 people older than 18 and with full-time jobs outside their homes. 

*** 

OAKLAND — A shiny pink bag and the nervousness of the man carrying it led to the seizure Saturday of $1.2 million of suspected black tar heroin by a veteran police sergeant, authorities said. 

Sgt. Ersie Joyner III arrested Hector Ramirez, 22, on suspicion of possession of heroin and possession of heroin for sale. Joyner said the pink bag Ramirez was carrying caught his eye. 

When Ramirez saw Joyner he began “acting hinky, he dropped the bag and started walking across the street,” said Joyner. 

Joyner saw what he thought was packaged narcotics spill from the bag. Joyner stopped Ramirez and confiscated the bag that contained at least 1,000 grams of suspected black tar heroin in six different plastic bags. 

If sold on the street, that would mean at least 60,000 $20 doses, said Alameda County district attorney’s inspector Jim Kimzey. 

Editor: 

The expansion of Alta Bates Hospital Emergency Room and the possible closing of the emergency room at Summit is bizarre, given the vulnerability of the Alta Bates location. In a major disaster, the potential for the Alta Bates emergency room being inaccessible is high. The only access to the emergency room is from Ashby Avenue, or through a narrow street off Telegraph Avenue. If Ashby Avenue were blocked, say by fire engines, excessive traffic or whatever, few could access the facility. 

We need emergency rooms at Sutter, at Kaiser, at Highland, at Fairmont. These locations are not as vulnerable to being cut off at times of disaster as the ER at Alta Bates. 

The same could be said for the idea of Alta Bates being the only birthing center in the area. 

Again, if Ashby Avenue is blocked, or the little street off Telegraph is jammed, women will be having babies in their cars.  

Who is doing disaster planning for Berkeley and Oakland? It seems to me that the location and capacity of hospitals is an important component of planning for the next earthquake or war. 

Margot W. Smith 

SAN FRANCISCO — California officials agree the state’s general fund must be repaid for the nearly $9 billion the Department of Water Resources has paid for electricity, but months-long debates over the details continue to slow progress. 

Attempts to issue $12.5 billion in bonds already have been delayed until 2002 due to disputes between Gov. Gray Davis, state power regulators, the utilities, consumer advocates and business groups. 

State Treasurer Phil Angelides warned last week the state could suffer a $9.3 billion budget deficit should delays continue, and that would affect funding for other state programs. 

“We have what in many ways is a bizarre situation,” said Gary Cohen, chief counsel for the PUC. 

And the plot thickens elsewhere on the energy front: 

— Five major creditors are threatening to push a second California utility, Southern California Edison, into bankruptcy, days after Davis called lawmakers back to Sacramento to craft a rescue plan for Edison. Pacific Gas and Electric’s bankruptcy reorganization plan would remove the utility’s transmission lines, power plants and natural gas pipelines from any state regulation, which state officials say is more reason to keep Edison from following PG&E’s path. 

— The Department of Water Resources, the state agency that buys electricity for the customers of three utilities, continues to negotiate with the PUC and utilities over how much ratepayer money each utility must give the state in exchange for the power the state buys. Under the current plan, PG&E customers would pay $600 million more than Southern California utility customers, which PG&E calls an unfair shifting of rates. 

— State power regulators have asked the Federal Energy Regulatory Commission to force power companies to renegotiate long-term power contracts they signed earlier this year with the state. The contracts are now considered grossly overpriced, and could leave California energy customers paying more than twice the forecasted market rates for electricity. The DWR’s rate plan would lock in those contracts at their current rates, PUC President Loretta Lynch said Monday. 

“Our feeling is that if the contracts stay in force as they are now, they’re expensive, and it’s unlikely rates will go down,” Cohen said. 

“If the (DWR’s) rate agreement goes forward, generators have no incentives to renegotiate because we’ve guaranteed the price,” he said. 

Before the bonds are issued, the state must resolve how the people who eventually buy the bonds will be paid, whether long-term power contracts the state has locked in are fair, and whether the Public Utilities Commission must change electric rates at the request of the state without ensuring those rates are reasonable and are the result of prudent spending decisions. 

Both options currently before the state — a plan put forth by the Department of Water Resources and Senate Bill 18xx proposed by Sen. John Burton, D-San Francisco, require the PUC to rescind its authority to assume or reject rate requests. The PUC could take up the DWR’s plan at its Tuesday meeting. 

Consumer advocates, businesses, financial analysts, the state Legislature and PUC commissioners have rallied behind Burton’s bill, and PG&E already has sued the state to stop the DWR’s plan from going forward. 

Davis’ spokesman Steve Maviglio said Monday the bill is “dead on arrival” based on the treasurer’s recommendation. 

“It creates more uncertainty about the bond sale and repayment at a time when we already have economic uncertainty,” Maviglio said. If the PUC rejects the DWR’s plan Tuesday, Maviglio said it likely means the PUC would need to draft a new version. 

Lynch said Burton’s bill makes paying bondholders the first priority of ratepayer dollars, possibly garnering the state a lower interest rate and saving ratepayers money. 

“I share the goal of repaying the general fund,” Lynch said. ”18xx bonds are the ones more likely to be issued without delay or prohibition,” she said. 

Lynch acknowledged battles over who owes money to whom will continue regardless of which plan is approved. 

LOS ANGELES (AP) — A Hispanic group filed a federal lawsuit Monday charging that congressional and state Senate redistricting plans approved by California lawmakers dilute the power of Hispanic voters. 

“It is unacceptable and illegal to jeopardize the voting rights of historically disenfranchised minority voters,” said Antonia Hernandez, president and general counsel of the Mexican American Legal Defense and Educational Fund. 

“The district lines compromised the basic principles of community and the electoral process and are illegal.” 

A spokesman for Gov. Gray Davis, Roger Salazar, defended the plans. 

“No plan is perfect and not everybody is going to be happy. But from our perspective the maps produced this year are fair and balanced,” he said, noting that Hispanic lawmakers helped draft the plans and most of them voted for the new districts. 

State Sen. Don Perata, the chairman of the Senate elections committee, said the plans would probably result in the election of more Hispanics to the Legislature and Congress. 

“The claim of discrimination — especially intentional discrimination — is ridiculous,” the Oakland Democrat said. “These are fair plans in which minority populations fare very well....” 

The suit is the second to challenge some of the new legislative and congressional districts since Davis signed bills last week implementing the plans. 

A group of Stockton-area officials filed a suit in Sacramento County Superior Court on Friday contending the plans violated the state constitution by dividing San Joaquin County among four Assembly districts, two Senate and two congressional districts. 

Lawmakers are required to draw new districts every 10 years to reflect population changes revealed by the census. 

MALDEF, a nonprofit group that promotes Hispanic rights, said the Senate and congressional plans violate the U.S. Constitution and federal Voting Rights Act by: 

— Putting heavily Hispanic neighborhoods in the western San Fernando Valley into two congressional districts to prevent voters from electing a Hispanic candidate. Critics have suggested that political consultant Michael Berman, the chief architect of the congressional plan, drew the districts in that way to save his brother, Rep. Howard Berman, D-North Hollywood, from a primary election challenge by a strong Hispanic candidate. 

— Leaving four Hispanic neighborhoods in San Diego — Barrio Logan, Logan Heights, Golden Hills and City Heights — out of the new heavily Hispanic 51st Congressional District to save another incumbent, Rep. Bob Filner, D-San Diego. 

— Packing Hispanic voters into a Norwalk-area state Senate district in which Hispanics make up more than 75 percent of the population instead of creating two districts with Hispanic majorities. 

The suit asks the court to bar the state from using the new districts and to impose its own redistricting plans if state lawmakers and the governor fail to adopt new plans in time for next year’s elections. 

Assembly Speaker Robert Hertzberg, D-Van Nuys, like Davis a defendant in the MALDEF suit, said he was pleased the lawsuit did not challenge the new Assembly districts. His statement didn’t mention the Senate and congressional districts were also approved by his house. 

WASHINGTON — The Supreme Court ordered an appeals court to reconsider whether California lawmen could be sued for applying pepper spray to shackled anti-logging protesters. 

A federal judge had ruled that the spray caused only “transient pain” and was a legitimate way to end protests. The 9th U.S. Circuit Court of Appeals reinstated the suit. 

The Supreme Court on Monday sent the case back to the appeals court and said judges should review it again in light of a high court decision last year that said a police officer acted reasonably in removing a protester from a speech by then-Vice President Al Gore in 1994. 

Humboldt County, the city of Eureka and two officers were sued by nine people who staged sit-ins at Pacific Lumber Co. headquarters and a congressman’s office over the cutting of ancient redwood trees. 

When the demonstrators, who had chained themselves with a 25-pound steel device, would not leave, law officers swabbed pepper spray near the demonstrators’ eyes or sprayed it in their faces. 

The government agencies contend they are immune from the suit because officers used only reasonable force and that the appeals court’s ruling “renders law enforcement impotent to perform its most fundamental task: to enforce the laws of the jurisdiction served.” 

“This function is the very foundation of a law-based society — the alternative is anarchy,” they said in the appeal. 

The protesters, part of the group EarthFirst!, said the force was excessive. The protests at the company offices and the office of Rep. Frank Riggs, R-Calif., a logging supporter, were among multiple ones in the fall of 1997. 

Lawmen usually ended the protests by using a cutting machine to separate and arrest demonstrators for trespassing. 

Because of safety concerns, top lawmen decided to apply pepper spray to demonstrators whose arms were locked in metal bands. Some demonstrators unlocked themselves after pepper spray was applied to their eyelids. Others refused and were eventually cut loose with the grinding tool. 

Deputies’ videotapes of the sit-ins show demonstrators screaming after the spray was applied. Some of demonstrators said they now have nightmares and panic attacks and suffer from depression. 

“The demonstrators were immobile, peaceful and non-threatening,” they told the court. “Far from being a threat, the demonstrators were the most vulnerable people present.” 

The case is Humboldt County v. Headwaters Forest Defense, 00-1649. 

SACRAMENTO — Gov. Gray Davis signed a flurry of bills Monday including a measure boosting unemployment benefits, four energy-related measures and an effort to prevent meningitis outbreaks. 

Davis has until Oct. 14 — or two weeks — to sign about 1,000 bills sent to him last month in the final days of the legislative session that cover topics from energy to junk food in schools. 

On Monday, he approved 50 bills, including one by Sen. Richard Alarcon, D-San Fernando, that would increase the state’s unemployment benefits beginning next year. 

Davis also announced the state will launch a public education campaign to reach out to airline industry workers laid off after the Sept. 11 terrorist attacks. Those workers are eligible for speeded-up benefits under an executive order Davis signed after the attacks. 

Also Monday, Davis signed legislation including the following: 

— Two bills by Sen. Deborah Ortiz, D-Sacramento, to discourage selling tobacco to minors. 

One attempts to keep potent, candy-flavored cigarettes known as bidis or beedies out of the hands of minors. The measure would allow the sale of bidis only in bars and other businesses that don’t allow minors to enter. 

The other allows the Department of Health Services to conduct sting inspections of retailers where public complaints or previous violations of tobacco sales to minors have occurred. 

— Two bills to increase awareness of meningitis. One, by Sen. Rico Oller, R-San Andreas, requires the state Department of Health Services to develop and carry out a meningitis prevention plan by June 30, 2002. 

The other, by Assembly Republican leader Dave Cox of Fair oaks, requires the health department to provide vaccine information to school districts, colleges and universities to give to students. 

A recent outbreak of meningitis caused several student deaths in Northern California. 

— Four bills from the special session stemming from the statewide energy crisis. 

The bills include a measure to expand a grant program promoting biomass energy; a tax break on interest on loans financed through public utility districts to purchase energy efficient products; matching grants for local governments to buy battery backup systems for traffic signals; and a bill to protect small business and homeowners from unreasonable rate increases. 

— A bill by Assemblyman Gil Cedillo, D-Los Angeles, banning a practice called “key money,” in which landlords charge large sums of cash to pay for attorney fees for preparing rental agreements as a condition of signing or renewing leases. 

The practice is prevalent in downtown Los Angeles’ fashion district and has cost millions of dollars for merchants, many of whom are Korean immigrants, according to a press release issued by the governor’s office. 

— A bill by Assemblyman Marco Firebaugh, D-Cudahy, barring the use of any state, county, city, or court seal on campaign materials or mass mailings with the intent to deceive voters. 

The legislation stems from a South Gate case in which a campaign mailer falsely depicted a court petition disqualifying a candidate for city council. 

Meanwhile, Davis vetoed a measure that would have permitted adult students in the state’s welfare-to-work program to apply up to six hours of study time toward their work requirement. 

In a veto message, Davis wrote that he opposed the legislation by Sen. Kevin Murray, D-Los Angeles, because it reduces the work requirements for students receiving the aid. 

McALLEN, Texas (AP) — About 2 million Mexicans failed to convert their border-crossing cards into new high-tech IDs by the Oct. 1 deadline, and hundreds were turned back Monday when they tried to get into the United States. 

Some said they were unaware of the cutoff date for getting the new “laser visas,” while others lacked the proper documents or said they had been expecting the U.S. government to grant an extension, as some members of Congress have requested. 

The new ID cards are required for short trips along the 1,962-mile-long U.S.-Mexican boundary in California, Arizona, New Mexico and Texas. 

But news of the policy change didn’t reach Maria Isabel Gallegos, 66, a Tijuana, Mexico resident who was turned away as she tried to cross the border in San Diego, preventing her from visiting a sick daughter in the United States. 

“I hope they’ll give me one soon,” Gallegos said. 

Inspectors at the San Ysidro Port of Entry in San Diego, the world’s busiest border crossing, barred 25 Mexicans from entering the United States between 6 a.m. and 9:30 a.m., said Lauren Mack, a spokeswoman for the Immigration and Naturalization Service in San Diego. 

The number turned back was a tiny fraction of the 130,000 people who cross each day at the San Diego border, which has been under heightened security since the Sept. 11 attacks. 

“We were relieved to see the word seemed to get out to most folks,” Mack said. 

The change presented an inconvenience for some. Isabel Lopez Flores, 66, traveled 4 1/2 hours from the interior town of Aldama, Mexico, so she could go to JC Penney in the Texas border town McAllen to buy a new pair of glasses. 

“They told me this wasn’t good anymore. I had no idea,” Flores said, shocked, as she held up her passport. 

One Texas entry point had turned away about 200 people since midnight, border officials said. 

In Arizona, about 100 people were turned back from the state’s seven ports of entry during the first half of the day, said Russell Ahr, Immigration and Naturalization Service deputy district director. 

“The awareness of the new card is greater than we probably expected, and the inconvenience has been minimal,” Ahr said. 

Congress mandated the use of the new cards in 1996 but has extended the deadline at least twice. 

About 5.5 million of the old permits, which look like a driver’s license, were issued. The new ones arrive 60 to 90 days after they are applied for and feature fingerprints and data encrypted in magnetic strips, which officials hope can prevent fraud and forgery. 

Not all border points have equipment to read the new cards. In San Diego, inspectors pass the visas through a scanner that can provide basic data about the immigrant. But the port still doesn’t have the machines that can call up a digital version of the person’s photo and fingerprint. 

The cards permit Mexicans to enter the United States and travel within 25 miles of the border for up to 72 hours at a time, and are important to cities like San Diego and McAllen, where merchants depend on business from Mexico. 

The State Department, which issues the cards, has asked Congress to extend the deadline again, but lawmakers have yet to vote on it. Rep. George Gekas, R-Pa., and Sen. Edward Kennedy, D-Mass., chairmen of the House and Senate immigration subcommittees, support another extension. 

In a letter marked urgent and sent to President Bush on Saturday, Rep. Solomon Ortiz, a Democrat from Corpus Christi, predicted “a major disruption in the commerce of the entire southern border” if an extension was not granted. He said the lack of equipment made such an order especially important. 

NEW YORK — New York City offered $1 billion in bonds for sale Monday to start paying for the aftermath of a terrorist attack Mayor Rudolph Giuliani branded “maniacal” during an address to the United Nations. 

The short-term bond offering will pay for such things as debris removal and unemployment insurance for workers who have been put out of work by the World Trade Center collapse. 

In a preliminary estimate last week, Senate aides said it would cost about $39 billion to clean up from the Sept. 11 attack and rebuild the city. Washington has pledged at least $20 billion. 

House Speaker Dennis Hastert, following a tour Monday of the trade center ruins with 108 other members of Congress, said no one can know how much the recovery effort will cost. “We don’t know if that’s the iceberg or the tip of the iceberg,” Hastert said. 

House Democratic leader Dick Gephardt, also on Monday’s tour, called the damage “incomprehensible.” 

“It is the face of evil, and it’s hard to understand how people can hate other people as much as obviously has happened here,” he said. 

As a drizzle fell in Central Park, 2,500 mourners gathered under tents at a private memorial for employees of Cantor Fitzgerald, a bond firm that lost about 700 employees at the trade center. 

They clutched each other and wept as five people who lost their spouses addressed the crowd, along with the mayor and the firm’s chief executive, Howard Lutnick. Lutnick’s brother, Gary, was lost in the attack. 

“In these past three weeks, we have felt more pain and sadness than I think collectively any of us had ever thought we could bear,” Lutnick said. “And I know that I speak for everyone here when I say we miss — oh boy, do we miss — our friends and family.” 

Fire Department Chaplain Alfred Thompson said more bodies have been discovered in the past 2 1/2 days than in the previous 10. The movement of some larger beams in the wreckage has helped workers locate remains, he said. 

“We’re finding a lot of stuff in there. ... It’s not a happy sight,” said construction worker John Yannucci. 

He said crews were hampered by hot spots in the still-smoking ruins. 

As of Monday, city officials said 5,219 people were missing in the terrorist attack, while 344 were confirmed dead and 289 dead were identified. 

Giuliani said at the United Nations that the trade center was targeted because of the diversity of the city’s population and the openness of American society. Citizens of 80 nations are among the presumed victims, he said. 

“On one side is democracy, the rule of law; on the other is tyranny, arbitrary execution and mass murder,” Giuliani said. “We’re right and they’re wrong. It’s as simple as that.” 

He said the terrorists’ reasons were “insane, maniacal.” 

Giuliani said it would be a “very nice, symbolic gesture” for people to buy bonds in his city’s time of need. 

Investors buying the city’s bonds face low risk because New York has been guaranteed federal relief money, said Robert Kurtter, an analyst at Moody’s Investors Service. 

“They’ll sell like hot cakes,” said Jay F. Donnaruma, an investment analyst with Paine Webber. 

Since the one-year bonds are exempt from city, state and federal taxes, their yield will be comparable to or better than certificates of deposits available through banks, Donnaruma said. 

On Wednesday, President Bush will make his second trip to New York since Sept. 11. He has been concerned about the effects of the attack on children and plans to visit a school, spokesman Ari Fleischer said. 

The director of the Federal Emergency Management Agency, Joe Allbaugh, said he would also visit the city to address “quite a few problems” with the cleanup effort. He did not explain what they were. 

“This is going to take months — it’s going to take three to four months just to get to the ground level,” Allbaugh said. “This is going to be better than a year to resolve this debris problem at the site.” 

Gov. George Pataki said he would dispatch more than 300 National Guardsmen to New York state airports starting Friday. Bush last week called on all states to use the Guard to provide additional security at airports. 

Students at the Borough of Manhattan Community College, about four blocks from the trade center, returned to their school for the first time since Sept. 11. The college was not heavily damaged but had been taken over by as many as 2,000 rescue workers. 

Rush-hour traffic was moderate Monday morning as commuters entering Manhattan faced the same restrictions that were tested Thursday and Friday. Mandatory carpooling was in effect at bridges and tunnels heading into lower and midtown Manhattan from 6 a.m. to noon. 

Trains and buses were crowded, but not unusually so, city transit spokesman Al O’Leary said. 

BOSTON (AP) — The head of security at the city’s Logan Airport is being ousted, three weeks after terrorists crashed two planes hijacked from the airport into the World Trade Center, an official in the governor’s office said Monday. 

Joseph Lawless had handled security for then-Gov. William Weld when he was appointed in 1993 as the head of public safety at the Massachusetts Port Authority, which runs Logan, the Port of Boston and several regional airports. 

“He will be removed very soon,” the source said. 

Gov. Jane Swift was scheduled to make a speech Tuesday night to discuss her plans for tightening security at the Massachusetts Port Authority and throughout the state. 

A call left for Lawless’ spokesman after business hours Monday was not immediately returned. Lawless has an unlisted home phone number and could not be located for comment. 

It was unclear whether Lawless would be reassigned to another position after his removal from the $130,000-a-year security post. 

Swift on Monday called security lapses at the airport “unacceptable.” About 150 National Guard members will be assigned to Logan and the state’s other airports starting Friday. 

“I believe Logan is safe, although I think we need to continue to address unacceptable security breaches there,” she said. “I don’t think we should engage in buck-passing.” 

Lawless, a state police officer for 13 years, defended his credentials in the days after the attack. He also said preliminary findings suggested the hijackers had apparently boarded the flights without violating existing security measures. 

COLUMBIA, Mo. (AP) — State lawmakers were upset about a ban of on-air displays of patriotic symbols by newscasters at a TV station owned by the University of Missouri-Columbia. 

The legislators pledged to sharply scrutinize future university budget requests after seeing e-mail by KOMU-TV News Director Stacey Woelfel that said: “Leave the ribbons at home when reporting or anchoring for KOMU News.” 

He said Sept. 27 the policy is a matter of journalistic ethics, to demonstrate to the NBC affiliate’s viewers “that in no way are we influenced by the government in informing the public.” 

Staffers include scores of journalism students for whom the KOMU newsroom is a working laboratory. And since KOMU is in the unusual circumstance of being a commercial television station owned by a taxpayer-supported university, some of the newsroom instructors receive part of their salaries from state funds. 

Woelfel said in an interview that KOMU’s status as a government-owned station made it all the more important to let viewers know its news reports are “free from government influence.” 

The station competes in the Columbia-Jefferson City market against ABC and CBS affiliates, which said their newsrooms have imposed no similar policy. 

State Rep. Matt Bartle said “the state-owned TV station should not unconstitutionally violate the free speech rights of its employees,” but he doubted legislative budget actions would have an effect on the policy because KOMU doesn’t rely on state funds for its operations. 

The KOMU debate is part of a national discussion among journalists about whether flag displays during an intense period of grief and patriotism are consistent with trying to appear objective on stories. 

NEW YORK (AP) — Few criminal trials have taken place in the city since the attack on the World Trade Center because the Police Department, stretched to maintain high security, could not free up officers to testify. 

That should change this week. 

In a sign that the city is inching toward business as usual, the department was ordered to make its officers available to the courts starting Monday. 

Judge Jonathan Lippman, New York state’s chief administrative judge, said some criminal trials that were under way at the time of the Sept. 11 attacks have proceeded, but only a very few have begun since then. Court officials had no firm statistics but estimate that only 10 percent of the normal number of cases been heard since the attack. 

In a typical week, court officials say, felony trials would number in the low hundreds citywide. 

Prosecutors said the suspension of criminal trials has created slight backlogs, and defense lawyers said it has forced some defendants to stay in jail much longer than they would have otherwise. 

“Obviously it’s a problem in that we do have cases that have to be tried right now,” Lippman said. “The cases languish. They back up other cases. We couldn’t go too long without the system buckling.” 

The day after the terrorist attacks, Gov. George Pataki issued an executive order suspending speedy-trial rules that compel prosecutors to bring a case by a certain deadline. Unless the governor renews or modifies the order, it will expire Oct. 12. 

The suspension of criminal trials was just one aspect of an unprecedented citywide crisis in the wake of the attacks left more than 5,500 dead or missing. 

“I don’t think in the 20th century there was any total disruption to municipal government such as there has been as a result of the World Trade Center,” said Thomas Reppetto, an author and expert on New York City police and criminal justice. 

The attacks on the trade center have crippled the criminal justice system in many ways. 

Many lawyers who were based in the trade center or the immediate area lost their offices and files. Nearly one in five lawyers in the city was displaced by the blast. 

And in Manhattan, the courts and the district attorney’s office, situated just blocks from the twin towers, are still without full phone service. Barbara Thompson, a spokeswoman for Manhattan District Attorney Robert Morgenthau, said phone service was “fragile” on Monday, nearly three weeks after the attacks. 

Michele Maxian, who heads the criminal defense division for the Legal Aid Society, said the delay has created “a terrible situation” for jailed defendants awaiting trial. Many of those being held on minor charges would already have had their cases heard — and been released — were it not for the disruption. 

“They all say that they understand this but they didn’t cause it,” Maxian said. “They all want to be home with their families as much as we want to be home with our families at this time.” 

SPRINGFIELD, Mo. (AP) — The talk show “Politically Incorrect” has been temporarily taken off the air in Springfield because of viewer complaints about comments made by host Bill Maher after the terrorist attacks. 

The program has been discontinued on Springfield’s ABC affiliate, KSPR, until further notice after “an overwhelming number of viewers found (Maher’s) comment hateful in tone, and the sentiment was that we were being a conduit for his comments,” said Jim Schuessler, KSPR vice president and general manager. 

Schuessler said the station will decide on a week-by-week basis whether to put the show back on the air. 

Maher’s show has also been pulled in St. Louis, Joplin and several other markets across the country. 

Maher’s comments came Sept. 17, the day the major networks returned to regular nightly programming. Maher was talking with guest Dinesh D’Souza, an author and Reagan administration policy analyst, about whether the terrorists were cowards. 

Maher said: “But also, we should — we have been the cowards, lobbing cruise missiles from 2,000 miles away. That’s cowardly. Staying in the airplane when it hits the building, say what you want about it, it’s not cowardly.” 

Maher has since apologized, saying the comments were directed at political leaders, not the U.S. military. 

Also on Sept. 27, ABC and Maher’s agent said that most of his national tour had been canceled. 

SACRAMENTO — A special Assembly task force studying effects of September’s terrorist attacks on California’s economy and public safety will begin hearings this month in Sacramento and Los Angeles, Assembly leaders said Monday. 

Assembly Speaker Robert Hertzberg, D-Van Nuys, announced a bipartisan Assembly panel to assess fallout to the state’s multi-billion-dollar entertainment, tourism and air travel industries following the Sept. 11 attacks on the World Trade Center and Pentagon. The 18-member task force will convene several hearings around the state in weeks ahead. 

Hertzberg, speaking in a Capitol surrounded by California Highway Patrol cars and checkpoints at entry doors, said, “This tragedy may have struck on the other side of the continent, but the shock wave is being felt in California as well.” 

Legislators may rewrite part of the state’s $103 billion budget in the months ahead to address higher costs of protecting public safety, Hertzberg said. Even before the attacks, legislators feared a $4 billion deficit in next year’s budget from an economic slowdown. 

The task force will begin with a closed meeting Oct. 9 in Sacramento, Hertzberg said. A second public hearing will follow on Monday, Oct. 15, in Los Angeles. 

The group has set no date to share its findings and recommendations. 

Hertzberg said California has had more terrorist threats, even before Sept. 11, than any other state, but “we will not be cowed. We will not live in fear.” 

Flanked by several lawmakers and Sacramento-area law enforcement officials, Hertzberg said the attacks created an “unprecedented crisis” for California. 

The fallout has hurt “tourism, entertainment and air travel, which are a big part of our state,” Hertzberg said. California tourism is a $75 billion annual industry that employs 1 million workers. 

“Forty-thousand people work at Los Angeles Airport alone,” Hertzberg said. 

While the panel’s mission so far lacks specifics, members said they could range from Capitol security to renewing leases on National Guard armories around the state to higher security spending by local police. Assemblyman Dennis Cardoza, D-Atwater, said legislative leaders support CHP recommendations for concrete planter boxes and traffic barriers in front of the Capitol. Monday morning, state crews had already moved concrete garbage cans and ashtrays near Capitol entrances. 

Californians can make suggestions to the task force by calling toll free: 1-800-977-SAFE. 

SAN FRANCISCO (AP) — Plaintiffs in chemical exposure cases against Pacific Gas and Electric Co. that inspired the movie “Erin Brockovich” still could receive $160 million in settlement money, though a portion could be delayed by a decade under the utility’s bankruptcy recovery plan. 

PG&E filed for federal bankruptcy protection April 6, and recently filed a plan to reorganize its finances and divide more than $12.7 billion among its creditors. To go into effect, the plan must be approved by U.S. Bankruptcy Judge Dennis Montali, and most likely by state and federal energy regulators. 

Under the reorganization plan, the 1,160 suits by plaintiffs who claim that they, their relatives or their properties were exposed to chromium 6 — which the company discharged into the air or groundwater near Topock, Kettleman or Hinkley — would receive 60 cents on the dollar for any actual damages a court rules they suffered. 

It would be issued when the utility’s reorganization plan is finalized, which PG&E forecasts will be around the end of 2002. 

The plan prevents plaintiffs from collecting the balance until 10 years after the reorganization plan is finalized. 

Ed Masry, a lawyer for the plaintiffs, told the Contra Costa Times the plan was “a good indication” that PG&E was interested in bringing the dispute to a close, though he said it was too soon to grasp the full implications of the hundreds of pages of court filings that comprise the plan. 

PG&E used chromium as an anti-rust additive in the circulating water cooling systems of natural gas pipeline compressor stations in the 1950s and early 1960s. When ingested, the chemical can cause stomach upsets and ulcers, convulsions and kidney and liver damage, according to the federal Agency for Toxic Substances and Disease Registry. 

However, disputes continue over the chemical’s toxicity. PG&E contends that chromium 6 did not cause the plaintiffs’ illnesses, citing a new study by University of California scientists. The World Health Organization, the U.S. Health and Human Services Department and the U.S. Environmental Protection Agency have listed it as a carcinogen. 

SEATTLE — A U.S. flag pulled from a Federal Building flagpole during a Vietnam War protest in 1970 is being returned to the government as the nation deals with this month’s devastating terrorist attacks. 

“It’s time,” said the man who’s kept the flag all these years. 

The man, who spoke to The Associated Press on condition of anonymity, turned the flag over recently to Seattle Times columnist Eric Lacitis. 

“And the flag should be flown. It represents the strength of this country — that we can move on from an era when so many people thought the government was wrong,” he said in a telephone interview. 

“The country has healed. We’ve pulled together.” In addition, “I think I’ve made a personal journey over the past 31 years.” 

The General Services Administration will take the flag back, but offers no guarantees it will fly again. 

“We may fly it some day, or we may display it in some arrangement. I don’t know what we’re going to do with it,” said Bill DuBray, the agency’s regional executive director. 

In his Monday column, Lacitis — who plans to deliver the still-bright 4- by 8-foot flag to the federal building in the next few days — suggests its musty smell will go away if it is flown again. 

It was pulled down May 5, 1970 — one day after National Guardsmen opened fire at the Kent State campus in Ohio and killed four students protesting the U.S. bombing of Cambodia. 

Galvanized by the tragedy, 5,000 people marched downtown from the University of Washington on Interstate 5, their sheer numbers overwhelming freeway traffic. 

Many wound up at the Federal Building, where — amid the speeches and chanting — one group pulled the Stars and Stripes from a flagpole out front. 

In the ensuing chaos, someone shoved the flag into the hands of the man who’s had it all these years. He tucked it under his shirt and walked away. 

“At the time, I felt it did not belong up there because we were fighting a war that was unjust,” said the man. 

Since that day, he embarked on his own journey, traveling the world, getting married, going to work and raising a family. 

The anonymity he insists on reflects concerns that all may not be forgiven, despite the years. 

“It’s just that some people still have difficulty with that part of the journey,” he said. “The story is not about me. It’s about returning something that has a better purpose than being in my basement.” 

Being a father is part of it, too. 

“You know that song, ’Teach Your Children Well?’ It’s a little hard if you have a flag that doesn’t belong to you,” he said, referring to the Crosby, Stills, Nash and Young song. 

He’s thought about returning it many times over the years, and came close after the Oklahoma City bombing in 1995. 

Since then, every time he walked past the Federal Building, he would think, “How could a building like that come down? And then I’d remember I had a flag that belonged there.” 

When hijacked planes hit the World Trade Center towers and the Pentagon on Sept. 11, he thought about his flag again after his wife displayed a flag at their home. 

“The events of September 11 put someone like me in a real quandary,” he said. 

“I still resent things that our government does. But at the same time, I cherish the right to resent.”

REEDLEY, Calif. (AP) — The family of an Arab-American shop owner killed during the weekend thinks he was the victim of a hate crime. 

Abdo Ali Ahmed was shot Saturday at his convenience store after receiving a death threat and being subjected to racial slurs. 

An autopsy was ordered as deputies searched for the killers. Investigators were considering all possible motives, including robbery and racism. 

“Any time there is violence directed toward anyone of Middle Eastern descent that is always a possibility, that is something we are going to investigate,” Sgt. Dan Cervantes said Monday. 

The FBI said it has not been involved in the Ahmed case. The agency has joined in hate-crime investigations across the country after the Sept. 11 terrorist attacks on the East Coast. 

Ahmed’s family thinks his death was part of a trend of hate crimes toward Middle Eastern immigrants. 

Ahmed, 51, was a Muslim who moved to the United States from Yemen about 35 years ago. 

“He didn’t have no enemies,” said Fahmi Kassim, Ahmed’s nephew. “He’s a very, very peaceful guy. He’s got a nice heart.” 

Ahmed recently found a death threat note on his car while he was shopping at a grocery store. He tore the note off the car and threw it away, said Madram Shuaibi, another relative. 

Sheriff’s detectives were looking for four males, probably in their teens, who were seen speeding from the East Reedley Store after the shooting. 

Relatives said nothing was stolen from the store, but Cervantes said investigators were still trying to determine if anything was missing. Ahmed apparently was alone in the store at the time. 

Since the terrorist attacks, business had dropped for Ahmed, said Stan Peterson, who runs a bar next to the store. Ahmed recently asked him for some American flags to display. 

“He wanted people to know he supported the U.S.A.,” Peterson said. 

PITTSBURGH (AP) — The state Department of Transportation said Monday it canceled a total of 111 fraudulently issued driver’s licenses as part of an investigation into its Pittsburgh office. 

As an extension of that investigation, federal authorities last week arrested 20 Middle Eastern men in seven states, including Texas, who allegedly obtained commercial driver’s licenses fraudulently. Most of those included permits to transport hazardous materials. 

Federal officials said last week they did not believe the arrests were connected to terrorist attacks in New York and Washington. But concerns about chemical or biological terrorism led to heightened scrutiny of the investigation begun more than a year ago by PennDOT. 

Joan Nissley, a PennDOT spokeswoman, said Monday that the 111 licenses included commercial and noncommercial licenses but would not say how many of each were involved. The state Attorney General’s Office refused to release specifics because of the ongoing investigation. 

Nissley said the 111 licenses included those allegedly received by 20 men arrested last week. Eighteen were accused of getting commercial licenses with permits to transport hazard materials through an examiner in Pittsburgh without the required testing or credentials. Two others allegedly had fraudulently obtained commercial licenses without hazardous materials permits. 

Nissley said the entire licensing operation in downtown Pittsburgh was investigated and one examiner was fired for his part in the alleged scheme, in April 2000. She did not release his name. 

Mary Beth Buchanan, the U.S. attorney in Pittsburgh, said Monday the federal government is prosecuting everyone who received a fraudulent commercial license and who was included in a list produced by the state. 

Buchanan said if more than the 20 Middle Eastern men received commercial driver’s licenses, “we would prosecute.” Federal law only covers commercial driver’s licenses and not noncommercial licenses. 

Transportation officials turned over the investigation to the state Attorney General’s Office in April 2000. On Sept. 21 of this year, 10 days after the attacks, the agency notified the FBI of its investigation. 

In federal warrants, the examiner who helped get the licenses is referred to as a confidential witness. He has not been charged. 

On Monday, Elmeliani Benmoumen, also known as “Ben,” was released on his own recognizance by U.S. Magistrate Kenneth Benson. Accused of arranging with the examiner to get others licenses, he must wear an electronic monitor and surrender his passport. He is not included among the 20 men accused of receiving the licenses. 

A preliminary hearing for Benmoumen and others arrested in the investigation is scheduled for Friday. 

Last week, PennDOT said it received information in February 2000 that two drivers with suspicious licenses were attempting to transfer commercial licenses from Pennsylvania to Washington state. 

The state agency said it learned of an additional 18 driver’s licenses which were fraudulently issued and that “the name of all 20 drivers appeared to be Turkish, Arabic or Pakistani.” In the release, it did not mention any other drivers who allegedly received driver’s licenses fraudulently. 

According to federal warrants, the drivers did not take required tests and some had suspended licenses at the time they got the hazardous materials permits.  

The 21 suspects were arrested last week in Illinois, Michigan, Missouri, Pennsylvania, Tennessee, Texas and Washington. 

The glow of short, white candles dimly flickered onto a mother holding her baby. The tiny girl shivered in the humid Burmese evening.  

“That little baby was a blanket of convulsions,” said Jennifer Zurick, program director for the Burma Humanitarian Mission, a nonprofit agency located in North Oakland. 

In a recent interview, Zurick recalled that night when she watched the child’s parents who feared the worst. Although that was a year ago, Zurick remembered the details as if it had happened today. The thatched roof, the parent’s eyes, the smell of wood. The child was dying of malaria and a young medic, who goes by the name of Flower, spent the night keeping the child alive. 

The story ends well because Flower administered medicine supplied by Zurick’s mission.  

The organization is hoping such stories will help make donors anxious to attend their Friday dinner and auction at the Unitarian Fellowship Hall at 1924 Cedar St. 

The mission delivers medical supplies to Flower and other medics, who, like Flower, are volunteers and belong to the Karen minority ethnic group, a hill tribe inhabiting the eastern mountains along the Burma-Thai border. The mission treks through the mountains, hiding from soldiers of the military dictatorship, known as the State Peace and Democracy Council. The council has ruled Burma since 1962. 

Zurick and four others formed the mission three years ago. They originally met in 1996 at a Los Angeles protest against Unocal. The gas company gave $200 million to the Myanmar government, according to The Action Resource Center, a Los Angeles-based human rights group.  

The government then permitted Unocal to build the 260-mile Yadana Pipeline to shuttle natural gas from the Andaman Sea across Burma into Thailand. Jeremy Paster, now the mission’s medical liaison, spent time in jail after being arrested for civil disobedience at the Los Angeles protest. He spent the night talking with immigrants from Burma, also protesting. Paster “got a very personal sense of what these people’s condition were,” Zurick said. The group of activists then began planning the mission. 

Now Zurick works out of a one-person office in her North Oakland home. She explained that although she and her partner, Jeremy Paster, are trained wilderness medical technicians, they stick to their mission’s principles of respectful non-intervention. 

“We prefer to step back and let the Karen treat the people,” Zurick said. “We have to consider what impact we have on them. We need for them to be empowered to face their situation.” 

And from previous visits, Zurick is well aware of how tricky that is. 

At the Thai border town of Mae Sot, four mission volunteers meet up with local medics, usually in their twenties and with only rudimentary medical training. The medics describe what supplies they need. They never ask for painkillers, which Zurik said the Karen consider nonessential.  

The mission then travels into Bangkok to purchase the medicine, as well as backpacking supplies. The medics will spend the next six months doling out the medicine as they trek from devastated villages to overcrowded refugee camps.  

The medicine is in demand. In 2000, the World Health Organization evaluated health care systems in 191 countries. They flunked Burma (Myanmar), rating it at 190 – only Sierra Leone fared worse.  

Last year, the mission’s antibiotics, vitamins and other medical supplies served 10,000 displaced refugees suffering from malaria, a slew of childhood illnesses and landmine injuries, Zurick said. The volunteers who make the trip pay their own travel expenses to Burma. 

Since Burma took its independence from the United Kingdom in 1948, the ethnic Burmese majority and about 135 ethnic minorities have struggled in successive civil wars. The current martial law regime originally called itself the State Law and Order Restoration Council when the army seized control in 1962. Western countries objected to human rights violations and began setting sanctions, and in 1990 the government held a democratic election. The Council lost, but the military, now led by General Than Shwe, has kept the winning party’s leader, Aung San Suu Kyi, a Nobel Prize Winner, under house arrest since then.  

The winning party, the National League of Democracy, remains unrecognized by the Council. The military regularly imprisons the League’s members, according to Amnesty International. 

International organizations such as Amnesty International, Human Rights Watch and The United Nations Commission on Human Rights – as well as the city of Berkeley – continue to condemn the Myanmar government for their systematic forced labor, murder, rape and beatings of the country’s minority groups. Over the last five years, the military displaced more than 300,000 civilians, according to Amnesty International. 

To survive, the Karen grow rice around their villages and camps, said Dang Ngo, a mission member. January, when they will arrive, is the rice harvest, when junta soldiers raid and confiscate the crops, according to Ngo.  

Ngo described how last year they passed craters in the ground from landmines and bullet holes in trees. They navigated the steep, neglected trails through bamboo forests and subtropical jungles, never stepping more than a foot off path, steering clear of landmines.  

Karen volunteers tote rifles and carry medical supplies in long, colorful, all-purpose cloth squares commonly used for hauling most anything – from food to children – on one’s back. 

While Zurick and her partner don’t help in the treatment, they plan to step back even further this year. Remaining on the Thai border, they will supply the young medics with necessities and say goodbye. This also helps for the safety of the villagers. According to Ngo, the government plants spies in the villages, and when foreigners come in, suspicions rise. “It presents a danger to the locals when we go in,” Ngo said. 

Zurick said that their goal is to raise $12,000. Since they pay all of their own expenses, all funds go directly towards purchasing medical supplies.  

Providing that medicine is inspiring, Zurick said, recalling that night last year as the infant fought malaria. The next morning she found Flower, sleepy from spending the night awake. The infant, though pale and crying, was eating food, on her way back to life. 

WASHINGTON – American and British forces unleashed a punishing air attack Sunday against military targets and Osama bin Laden’s training camps inside Afghanistan, striking at terrorists blamed for the attacks that murdered thousands in New York and Washington. 

“We will not waver, we will not tire,” said President Bush, speaking from the White House as Tomahawk cruise missiles and bombs found targets halfway around the globe. “We will not falter and we will not fail.” 

Under a campaign dubbed “Enduring Freedom,” the assault was accompanied by airdrops of thousands of vitamin-enriched food rations for needy civilians — and by a ground-based attack by Afghan opposition forces against the ruling Taliban. 

In a chilling threat, bin Laden vowed defiantly that Americans “will never dream of security or see it before we live it and see it in Palestine, and not before the infidels’ armies leave the land of Muhammad.” He spoke in a videotaped statement prepared before the attacks, but both he and the leader of the Taliban ruling council of Afghanistan were reported to have survived the initial action. 

In a fresh reminder of the potential for renewed terrorist attacks, the FBI said it was urging law enforcement agencies nationwide to “be at the highest level of vigilance and be prepared to respond to any act of terrorism or violence.” 

Bush ordered the strike on Saturday, less than four weeks after terrorists flew two hijacked airplanes into the World Trade Center twin towers and a third into the Pentagon. A fourth plane crashed in the Pennsylvania countryside after an apparent struggle between passengers and terrorists on board. 

Besides the Sept. 11 death toll — estimated at more than 5,000 — the attacks dealt a shuddering blow to Americans’ feeling of security, and propelled an already weakened economy toward recession. 

“I know many Americans feel fear today,” Bush said in his nationally televised announcement from the White House Treaty Room. Signs of heightened security concerns were evident, as officials took Vice President Dick Cheney from his residence to an undisclosed secure location, security was stepped up around the Capitol and government nuclear weapons labs were put on higher alert. The FBI said it was acting on the basis of “the possibility of additional terrorist activity occurring somewhere in the world.” 

Within hours of the attacks, Bush drew public support from foreign leaders around the world, as well as from congressional leaders and the American public. 

A crowd of 64,000 cheered the president’s words at Veterans Stadium in Philadelphia, where the beginning of a professional football game was delayed so the fans could view Bush’s appearance on the big screen scoreboard. Chants of “USA, USA” filled another stadium, this one in Atlanta. 

The initial strike involved 50 Tomahawk cruise missiles, launched from American and British ships. Gen. Richard Myers said 15 bombers and 25 strike aircraft, both sea and land-based, also were involved. The assault came at 12:30 p.m. EDT — nighttime in Afghanistan. 

Myers, sworn into office as chairman of the Joint Chiefs of Staff less than a week ago, said the attacks included B-1, B-2 and B-52 bombers as well as ships and submarines that have been deployed in the region in the days since Sept. 11. 

The B-52s dropped at least dozens of 500-pound gravity bombs on al-Qaida terrorist training camps in eastern Afghanistan, one official said. 

Defense Secretary Donald H. Rumsfeld said the strikes were designed to eliminate the Taliban’s air defenses and destroy their military aircraft. Afghanistan’s rulers are known to have a small inventory of surface-to-air missiles as well as shoulder-fired anti-aircraft missiles. 

Afghan sources in Pakistan said the attack had damaged the Taliban military headquarters and destroyed a radar installation and control tower at the airport in the southern Afghan city of Kandahar. Smoke could be seen billowing from the high-walled compound of Mullah Mohammed Omar, the Taliban leader, these sources added. 

One Pentagon official said that while highly visible attacks were being carried out, other operations would not be seen publicly. 

Roughly an hour after the first volley of cruise missiles, Taliban forces came under attack from the northern alliance, Afghan opposition forces who fired multiple-rocket launchers from an air base about 25 miles north of Kabul. 

A spokesman at the Afghan Embassy in Tajikistan, a nation that does not recognize the Taliban as rulers of Afghanistan, said that the opposition could make an attempt to enter Kabul, the capital. Asked when, he said perhaps in days or a week. 

Bush spoke less than an hour after the first explosion could be heard in Kabul, followed by the sounds of anti-aircraft fire. Power went off throughout the city almost immediately after the first of five thunderous blasts. 

The president said the military strike would be accompanied by the delivery of food, medicine and other supplies needed to sustain the people of Afghanistan. Pentagon officials said the yellow plastic packets are about the size and weight of a hardcover book. They have a picture of a smiling person eating from a pouch and a stencil of an American flag. “This food is a gift from the United States of America,” says the inscription, in English. 

Bush said the military effort was only part of a campaign against terrorism, “another front in a war that has already been joined through diplomacy, intelligence, the freezing of financial assets and arrests of known terrorists by law enforcement agents in 38 countries.” 

“We did not ask for this mission, but we will fulfill it,” he said. 

The administration has labored to build an international coalition of support for its offensive, and Bush declared, “We are supported by the collective will of the world.” He said Canada, Australia, Germany and France have “pledged forces as the operation unfolds,” and numerous other countries have granted air transit or landing rights. Still more nations are providing intelligence, he said. 

To help sustain the coalition, officials said Bush was sending Secretary of State Colin Powell to Pakistan and India in the next few days. Pakistan has emerged as a key ally in the war on terrorism. India, in turn, has expressed concern lest the United States begin to favor Pakistan in a long-term struggle over the disputed territory of Kashmir. 

British Prime Minister Tony Blair offered strong support in a speech to his own nation. He said of the Taliban, “They were given the choice of siding with justice or siding with terror. They chose to side with terror.” 

German Chancellor Gerhard Schroeder also expressed his support, and the Russian foreign ministry said all means must be used to fight terrorism. Russian President Vladimir Putin has become an important supporter of the U.S.-led campaign against terrorism, opening Russia’s airspace to U.S. deliveries of humanitarian aid and encouraging former Soviet republics in Central Asia to lend their backing. 

Administration officials said that Bush had telephoned Putin, and that Bush, Cheney and Powell had placed calls to more than a dozen foreign leaders in all. 

Congressional leaders, told in advance of the strike, issued a joint statement of support. “We stand united with the president and with our troops, and will continue to work together to do what is necessary to bring justice to these terrorists and those who harbor them,” said the statement by House Speaker Dennis Hastert and Senate Majority Leader Tom Daschle, Senate Democratic Leader Dick Gephardt and Senate Republican Leader Trent Lott. 

At the White House, spokesman Ari Fleischer said Bush was receiving regular updates about the military operation, and shuttling between the White House residence and the Oval Office. 

As the hour for the missile strikes approached, Fleischer said Bush had remarked, “I gave them fair warning and they chose not to heed it.”

On Tuesday, at about 12:30 p.m., a Shattuck Avenue bank was robbed, according to police.  

A man about 25 years of age, walked up to a teller at Citibank, 2323 Shattuck Ave., and allegedly gave her a note that instructed her to give him the money in her drawer or he would shoot her. He had one hand in his waist band, implying that he had a gun, Sgt. Kay Lantow said. 

After giving him the cash, the suspect grabbed the note and left the bank. He was last seen on Durant Avenue getting into an older, red Japanese vehicle, possible a Toyota, which may have been driven by a female. 

*** 

A man was arrested on Wednesday after pulling a knife on a clerk at an Adeline Avenue burrito shop, Lantow said. 

A man ordered a burrito at the Las Palmas Taqueria at around 6 p.m. When the clerk told him that his order was ready, and that it would cost $4.25, the man pulled everything out of his pockets and placed them on the counter, police said. Included in his possessions were a Swiss Army knife and only $2. 

According to the victim, the man picked up the knife, opened it, and began stroking its blade. He shouted at the clerk, “Give me my burrito!” The husband of the clerk called 911, at which point the suspect left the establishment without his dinner, police said. 

When police arrived on the scene, the suspect was still loitering in the area. One officer moved up behind him, and because of the reported weapon, took him to the ground. Police later found illegal drugs and paraphernalia. They transported the man to the county jail. 

SAN JOSE, Calif. (AP) — State officials ruled Wednesday that adults at Orchard Elementary School improperly interfered with student exams to boost test scores and declared the small school ineligible for thousands of dollars in test-related bonuses. 

Orchard will not receive about $70,000 as a reward for improving its Stanford 9 exam scores in spring 2000. The 800-student school is also barred from receiving any cash incentives tied to this year’s testing. 

State investigators determined that answer sheets had an unusually high number of erased marks, and that many wrong answers were corrected. The decision doesn’t specify who is at fault for the irregularities, according to Bob Anderson of the state education department. 

The school contends that no adults tampered with tests and plans to write the California Department of Education to plead its case, said district lawyer Randy Erickson. 

Orchard was one of 51 schools in 43 districts flagged for investigation last year. Four others were in the San Francisco Bay area: Longfellow Middle School in Berkeley, Schafer Park Elementary in Hayward, R.O. Hardin Elementary in Hollister and Toler Heights Elementary in Oakland. 

WASHINGTON (AP) — Sen. Strom Thurmond returned to his job Wednesday, one day after fainting in the chamber and being taken to a hospital. 

Doctors said the 98-year-old Republican likely suffered from dehydration and kept him overnight for tests after he slumped over on his Senate desk Tuesday and was taken by ambulance to Walter Reed Army Medical Center. 

Thurmond, the nation’s oldest and longest-serving senator, left the hospital and returned the Senate in time to vote early in the afternoon against a bill normalizing trade with Vietnam. It passed 88-12 despite his opposition. 

As he sat in a front-row desk Wednesday, senators of both parties made a point of dropping by with handshakes and pats on the back. 

“Good to see you back!” declared Sen. Ted Stevens, R-Alaska. An equally enthusiastic, booming, “Welcome back!” came from Sen. Barbara Mikulski, D-Md. 

Thurmond has had bouts of dizziness before and has been to the hospital several times, the most recent in February, when he spent a weekend in Walter Reed suffering from fatigue. 

Aides also say a degenerative hip condition keeps him from traveling extensively. Thurmond was first elected to the Senate in 1954. In 1996, at the age of 93, he became the oldest person ever to serve in Congress. 

Last week, the Berkeley City Council passed one of the first municipal food policies in the country. The policy will bring fresh, local and organic foods to the institutional food programs run by the city. The policy will also support activities that contribute to healthful eating patterns for city residents and support small scale, regional sustainable agriculture.  

Berkeley has been and continues to be known for healthy food with internationally renowned restaurants, year-round farmers’ markets and retail outlets stocked with locally and sustainable grown foods, according to a press statement by the Berkeley Food Policy Council. “Yet many Berkeley residents still go hungry, are disconnected from the source of their food, and have diets high in fats and highly processed foods,” said Jered Lawson, a member of the BFPC, which helped author the policy. 

SACRAMENTO — A letter from Southern California Edison, linking support for its so-called “bailout bill” to national security in the wake of terrorist attacks, is being hammered by opponents as a desperate act and cynical offense to thousands of Americans killed Sept. 11. 

Edison International President John E. Bryson made the link in a letter to company shareholders Sept. 21. The letter asked them to lobby California senators to pass a bill to stave off bankruptcy for the troubled utility. Edison estimates its debt from paying wholesale costs of electricity during deregulation at $3.9 billion. 

“During this time of national crisis we need stability in the California electric system,” Bryson wrote Edison shareholders. “An Edison bankruptcy will destabilize that essential system and will have major adverse impacts on an already fragile California economy.” 

Bryson called it “irresponsible and destabilizing,” for the state Senate to ignore the bill, “particularly during this time of national and economic uncertainty.” 

State Sen. John Burton, D-San Francisco, the Senate’s president pro tempore, said of the language, “I thought it was unseemly, and a desperate act from a desperate person. Maybe we’ll do them a favor and put it up for a vote and show there’s three people who will support it.” 

Bryson’s letter is a shot at winning Senate support when it returns to the Capitol Oct. 9. Senators failed to vote on the Edison bill in the last hours of the 2001 legislative session that ended Sept. 15. 

The bill, a version of a deal reached by Gov. Gray Davis and Edison in April, passed the Assembly. Earlier variations of the deal involved the state buying Edison’s transmission lines and letting the utility sell consumer-backed bonds to repay the remaining debt. 

Harvey Rosenfield, president of the Foundation for Taxpayer and Consumer Rights, called Bryson’s letter a ploy to “wrap the American flag around the bailout.” 

In a letter to Bryson, Rosenfield wrote Bryson that equating “what has happened to this nation in the last three weeks with your company’s self-inflicted financial wounds is a grievous offense to the memories of the six thousand men, women and children” killed on Sept 11. 

“Leave it to Harvey Rosenfield to exploit this,” said Edison spokesman Steve Hanson. 

Burton, who called the Edison bill a “rip off of residential people,” said it doesn’t have a chance of passing during next week’s special session.