University of California officials are concerned about Gov. Gray Davis’s proposal to slash $118 million in funding for the system, but acknowledge that the university fared relatively well in the context of a nearly $24 billion budget shortfall. 

“The proposed reductions are, of course, very disappointing,” said Larry Hershman, UC vice president for budget. “(But) the state is facing an extremely serious budget problem, and we know that the university must play a role in the solution.” 

The effect of the proposed cuts on UC Berkeley is unclear, since the reductions affect system-wide programs. But UC spokesman Brad Hayward said Berkeley would be affected if Davis’s plan passes. 

“I’m sure every campus will feel the cuts,” Hayward said. 

“It’s painful whenever you have to reduce your investment in higher education,” acknowledged Sandy Harrison, spokesman for Davis’s Department of Finance. But he argued that the governor made the best choices available given the need for cuts. 

In his initial January budget, when the budget picture looked far better, Davis proposed cuts in some UC programs, but called for an overall hike of more than $40 million in the UC budget next year. His May revision, released Tuesday, proposes a $162 million reduction from the January proposal.  

The net loss, said Hayward, would be $118 million, reducing state funding for the UC system from $3.3 billion this year to $3.2 billion next year. State funding accounts for about one-quarter of the UC budget, he said. 

Some of the cuts Davis proposed in his May revision include: 

• A $32 million, or 10 percent, reduction in state funding for research programs. 

• A $28.4 million cut in funding for K-12 outreach programs, which comes on top of a $4.2 million cut proposed in January. 

• Over $62 million in cuts to K-12 professional development programs, including a complete elimination of state funding for a series of “professional development institutes.” 

• A one-time cut of $29 million from the university’s $150 million budget for equipment, library materials, deferred maintenance and instructional technology. 

• A $5.2 million cut, in addition to $4.8 million in reductions earlier this year, to a UC program that establishes high-speed Internet connections in K-12 schools. 

The May revision does add $5.4 million to the $63.8 million Davis offered in January to account for projected enrollment growth of 7,700 students system-wide. And for the eighth straight year, the governor’s budget avoids student fee hikes. 

“That’s a huge victory,” said Josh Fryday, vice president of external affairs for the UC Berkeley student body, referring to the Davis decision on student fees. Fryday said he will lobby the legislature to abide by the governor’s recommendation. 

Hayward said the cuts to K-12 outreach programs, designed to prepare more students for the rigors of the UC system, will reduce state funding by 40 percent. But the spin-off effects could be far worse, he warned.  

According to Hayward, private and federal sources of funding, which make up about half the budget for the outreach programs, often come in the form of matching grants. If the state funding disappears, he said, the other sources will dry up as well. 

“It will be very difficult for these programs to continue without state funding,” he said. 

The picture is rosier for the professional development programs, Hayward said. The Davis administration is counting on millions in federal funds, recently approved through President Bush’s “No Child Left Behind” legislation, to make up for the proposed cuts. 

But Sana Nagar, fiscal and policy analyst for the Legislative Analyst’s Office, which advises the state legislature, said there are restrictions on the federal dollars that could prevent the Davis plan from coming to fruition. The money can only be used to supplement state funding not replace it altogether, as the governor proposes for the UC-run professional development institutes, she said. 

“This could be a problem if it’s seen by the feds as a substitution,” she said. 

Still, the legislature may be able to get around federal restrictions if it structures the cuts properly, Nagar said. 

The Davis proposal would give UC the authority to determine where, exactly, it would make cuts in its research budget. But Hayward said the university will not even contemplate the issue until the legislature considers the Davis proposal and actually passes a budget. 

In the coming weeks UC officials “will make the best possible case for the university,” Hayward said, seeking to avoid cuts. 

But, given that health and human services and county governments took far more substantial hits in the Davis proposal, the chances for significant restoration of UC funding seem slim. 

Hans Hemann, legislative director for State Assemblywoman Dion Aroner, D-Berkeley, said Aroner is concerned about the UC cuts but will have to prioritize areas for savings. 

“In comparison to what they did to health and human services, these cuts are minor in the overall scheme of things,” he said.

Today is Tuesday, May 21, the 141st day of 2002. There are 224 days left in the year. 

Highlight: 

On May 21, 1927, Charles A. Lindbergh landed his Spirit of St. Louis near Paris, completing the first solo airplane flight across the Atlantic Ocean. 

On this date: 

In 1542, Spanish explorer Hernando de Soto died while searching for gold along the Mississippi River. 

In 1881, Clara Barton founded the American Red Cross. 

In 1924, 14-year-old Bobby Franks was murdered in a “thrill killing” committed by Nathan Leopold Jr. and Richard Loeb, two students at the University of Chicago. 

In 1956, the United States exploded the first airborne hydrogen bomb over Bikini Atoll in the Pacific. 

In 1968, the nuclear-powered U.S. submarine Scorpion, with 99 men aboard, was last heard from. (The remains of the sub were later found on the ocean floor 400 miles southwest of the Azores.) 

In 1991, former Indian Prime Minister Rajiv Gandhi was assassinated during national elections by a suicide bomber. 

Ten years ago:  

The Coast Guard announced that high-seas interdiction of Haitian refugees was being drastically scaled back because refugee camps at the U.S. naval base at Guantanamo, Cuba, were filled. 

Five years ago:  

Prosecutors at the Oklahoma City bombing trial of Timothy McVeigh rested their case. The space shuttle Atlantis undocked from the Russian Mir space station. 

One year ago:  

The Mitchell Report on Mideast violence called on Palestinians to jail terrorists and Israel to freeze settlement activity. Cardinals from around the world gathered at the Vatican for a three-day meeting to ponder the challenges facing the Roman Catholic Church and who might lead it after Pope John Paul II. The Supreme Court ruled, six-to-three, that a radio host cannot be sued for airing a phone conversation taped illegally by a third party. 

Today’s Birthdays:  

Actress Jeanne Bates (“Ben Casey”) is 84. Actor David Groh is 63. Rhythm-and-blues singer Ron Isley (The Isley Brothers) is 61. Actor Richard Hatch (“Battlestar Galactica”) is 57. Musician Bill Champlin (Chicago) is 55. Singer Leo Sayer is 54. Actress Carol Potter is 54. Actor Mr. T is 50. Music producer Stan Lynch is 47. Actor Judge Reinhold is 45. Actor-director Nick Cassavetes is 43. Actor Brent Briscoe is 41. Jazz musician Christian McBride is 30. Actress Fairuza Balk is 28. Rapper Havoc (Mobb Deep) is 28. Actress Ashlie Brillault (“Lizzie McGuire”) is 15. Actor Scott Leavenworth (“Philly”) is 12. 

- The Associated Press 

To the Editor: 

We recently read of hundreds of children and teachers trekking to Sacramento to plead for no reduction in educational funding at this time of a supposed state budget deficit. I’m sure the prison guard union didn’t have to send busloads [of demonstrators] to get increased prison construction funding. I’ll bet a couple of representatives were more than enough to gain access to key decision makers because California nationally ranks no. 1 in prison construction funding and 43 in funding for education. If this ratio were turned around, all school children might have toilet paper in school bathrooms, up-to-date textbooks, computer hook-ups, and perhaps even art supplies. If this ratio — a bona fide punitive misplacement of priorities if ever there were one — were reversed, we might even have specialized public schools for music, art, and science, as has New York City. 

Since children are now involved, they and their parents, together with teachers, must make the connection between the 1-to-43 ratio and demand a huge cut in prison construction funding, and having those millions go to education instead. Children, parents, and teachers have to do it because our state representatives aren’t. 

The bottom line is our future, dotted with either prisons or well-equipped, well-designed schools. 

- Maris Arnold 

Berkeley

“Playing Our Roots” 

A Cross-Generational play based on personal interviews with senior citizens, presented by the Teen Program of the Berkeley Richmond JCC. 

Friday, May 31; Saturday, June 1; Saturday, June 8; and Sunday, 9. All show times are 7:30 p.m. except Sunday, June 9 at 3 p.m. 

Berkeley Richmond JCC Auditorium 

1414 Walnut Street 

$5 per person, (no one turned away) 

“What Cats Know”  

by Lisa Dilman 

Directed by Rebecca J. Ennals. Four thirty-somethings play a game of gotcha with unexpected consequences.  

Saturday, May 4th-June 9th 

Thursdays- Saturdays 8 p.m. $20, 

Sundays 7 p.m.- Pay what you can 

Transparent Theater 

1901 Ashby Avenue 

510-883-0305 

www.transparenttheater.org 

“Love Is The Law” 

La Val’s Subterranean Theatre 

The world-premiere of Impact Theatre’s new romantic comedy play featuring David Ballog. 

For more information and reservations: 510-464-4468, www.tickets@impacttheatre.com 

$12 general, $7 students  

“Time Out for Ginger”  

May 10 through Jun. 1: The Actor’s Studio presents the famous comedy that sketches the tumult in a family that includes three teenage daughters, one of whom insists on trying out for her high school football team. $12. Check theater from dates and times. The Actor’s Studio’s Little Theatre, 3521 Maybelle Ave., Oakland 

“Homebody/Kabul”  

Apr. 24 - June 23: Berkeley Repertory Theatre presents Tony Kushner’s play about a women who disappears in Afghanistan and the husband and daughter’s attempts to find her. $38-$54. Call ahead for times, 647-2949, www.berkeleyrep.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. 

Berkeley Opera presents: 

Vivian Fine’s “The Woman in the Garden” 

One of America’s most highly regarded composers, Vivian Fine, has crafted a libretto from the writing of four women artists; Emily Dickinson, Isadora Duncan, Gertrude Stein and Virginia Woolf. Solos, duets, trios, and quartets express these innovative, non-conforming rebels, individual musings and struggles, revealing both social isolation and spiritual community of their artistic lives. Singers are supported by a nine-piece chamber ensemble 

May 23 - May 25, 8 p.m. 

Hillside Club 

2286 Cedar (at Arch St.) 

$30 General, $25 Senior, $15 Youth and Handicapped, $10 Student Rush 

Charge by phone: 925-798-1300 

Information: 510-841-1903, www.berkeleyopera.com 

Berkeley Arts Magnet Presents: 

“The Lion King” 

May 30, 31 and June 4, 5 at 7 p.m. 

Whittier Arts Magnet Auditorium 

1645 Milvia (between Lincoln & Virginia) 

527-8369, lionking@profacto.com 

Reserved seating recommended. 

Free 

First Presbyterian Church of Berkeley  

presents: 

“Cotton Patch Gospel” 

This bluegrass gospel musical brings the story of Jesus to life in the 20th-century American South. 

June 7,8,14, & 15, 8 p.m. 

2407 Dana St. at Channing Way 

848-6242

Monday, May 20

Build Your Dream-House for a Song 

(and own it free & clear in 5 years), author David Cook. 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Berkeley Gray Panthers 

Home owners meeting. Chuck Durrett of Co-Housing tells about his program. All welcome. 

3 p.m. 

Berkeley Gray Panthers office 

1403 Addison St. (behind Andronico’s on University) 

548-9696 

Tuesday, May 21

Fibromyalgia Support Group 

Herbal Alternatives and Drug Interactions for Fibromyalgia 

Noon to 2 p.m. 

Alta Bates Medical Center, Maffly Auditorium - Herrick Campus 

2001 Dwight Way 

644-3273 

Free 

The Art of Practice with Tom Heimberg 

Violinist with the SF Opera, Tom offers an overview that applies to all instruments. 

Musicians Union Local 6 

116 Ninth St. at Mission 

San Francisco 

415-575-0777 

$10 and free to local 6 members 

Strawberry Tasting 

Tasting & cooking demonstrations 

Berkeley Farmers’ Market 

10 a.m. to 3 p.m. 

Derby Street at Martin Luther King, Jr. Way  

Free 

Arthritis Month Special 

Herbal alternatives & drug interactions for Fibromyalgia. Dr. Anita Marshall, Pharm.D., l.Ac 

12 to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

Wednesday, May 22

Healthful Building materials 

Seminar by Darrel DeBoer 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Thursday, May 23

Secrets of Search Engine Marketing 

A workshop held by The Sustainable Business Alliance 

8:30 to 11:30 a.m. 

Holiday Inn Express 

1175 University Avenue 

451-4001 

Senior Men’s Afternoon 

Gay senior men discussion group, 2nd & 4th Thursdays. 

Pacific Center 

2712 Telegraph Ave. 

510-548-8283  

Free 

Fishbowl: “Everything you always wanted to know about the opposite sex but were afraid to ask” An opportunity to ask anonymous questions in a confidential and supportive environment. 

7:30 to 9:30 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut St., Berkeley 

510-848-0237 X 127 

$8-$10 

Attic Conversions 

Seminar by architect Andus Brandt 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Friday, May 24

Fiddle Down the FBI! 

Rally to Commemorate the 12th Anniversary of the car bombing of Judi Bari and Darryl Cherney and Celebrate the end of their federal civil rights trial against the FBI and Oakland Police Department. 

Noon 

Oakland Federal Building 

13th and Clay St., near 12th St BART stop 

Bring musical instruments 

663-6330, www.judibari.org 

Cherokee Artist: John Balloue 

paintings depict scenes from historic & contemporary Cherokee history, as well as pow-wow and spiritual images. 

Gathering Tribes 

1573 Solano Ave. 

528-9038 or www.gatheringtribes.com 

Saturday, May 25

Word Beat Reading Series 

All kinds of entertainers come together. Featuring Kera Abraham and Ruth Levitan 

7-9 p.m. 

458 Perkins at Grand, Oakland 

Free 

Alice Waters “Chez Panisse Fruit” book signing 

10 a.m. to 3 p.m. 

Berkeley Farmers’ Market 

Center Street at Martin Luther King, Jr. Way 

Children’s Movies 

Pinnochio (in English) 

Shows at noon & 2 p.m. 

The Actor’s Studio 

3521 Maybelle Ave. 

Oakland 

510-530-0551 

$3 

6th Annual Sidewalk Chalk Art Festival 

Everyone’s welcome to participate in covering Solono’s sidewalks with chalk art. Featuring refreshments and entertainment. Artist’s chalk and a Polaroid of the finished work are available for a fee. To encourage early registration, a raffle for merchandise by local business will be held for the artists at noon.  

Registration at Peralta Park, 9 a.m. - 5 p.m., 1561 Solano Ave. Berkeley. 

For more information: 510-527-5358, www.solanoave.org. 

Free 

Cain & Abel- 1st Annual Stop the Violence Gospel Festival 

In Memory of Children Killed by Senseless Violence 

St. Andrews Baptist Church Gospel Choir, Family in Unity Gospel Choir, Our lady of Lourdes’ Men Gospel Choir, Lorrain Taylor, Michael Nelson, Praise Dancers, Testimonials, Display of Homicide Quilt, presentation by Students of Malcolm X Academy, Sermon by Rev. Ishmael Burch Jr., LeDoursey’s “Gone But Not Forgotten” Sky, Ronald DeVoyce Blackburn’s From-the-Cradle-to-the- Grave memorial candles, The Homicide Names Banner and Holman “Bob” Turner’s photographs of parents at the graveside or location where their child was killed. 

Noon- 6 p.m. 

St. Andrews Baptist Church 

2565 Post Street (at Lyon) 

San Francisco 

415- 292-5157 or 415-346-6500 

Free- contributions and donations appreciated 

Saturday & Sunday, May 25 & 26

19th Annual Himalayan Fair 

Outdoor celebration of the great Mountain Cultures! Authentic Himalayan Art, craft, Music & Dance, exotic food & stage entertainment. Benefits Himalayan Grassroots projects. 

Sat. 10-7, Sun. 10-5:30 

Live Oak Park 

Shattuck & Berryman 

$5-$7 Donation 

Saturday through Monday, May 25-27

Chocolate & Chalk Art Festival 

Chalking takes place on Saturday only. Viewing the artwork all week end. 

Chocolate Festival begins by picking up a chocolate menu from business on Solano Ave. flying a festival banner. Chocolates are available for purchase from merchants as you stroll. Professor Gizmo, a one-man -band on Saturday from 2-4 at Peralta park and Berkeley Police operation Kid-print will be set up for finger printing your kids to keep in a file at home. Dog Fashion Show on Sunday at Solano & Key Route at 2 p.m., all animals must pre-register at 236-0588. Pet adoptions in Peralta Park 11:30-2:30 p.m., Sunday. Solano Avenue Gift Certificate Raffle anytime from May 22-29. Winner drawn May 29. 

The entire length of Solano Avenue, Berkeley & Albany 

Sunday, May 26

Prayer to Shakyamuni Buddha 

A traditional prayer and meditation  

6 p.m. 

Tibetan Nyingma Institute 

1815 Highland Place 

843-6812 

Free

The Berkeley High Yellowjacket track & field team, traditionally a laggard in the distance running events, leaned heavily this season on an uncharacteristically strong distance team. Leading the pack: 17-year-old sophomore Alex Enscoe, 2002 ACCAL champion in the 1,600 and 3,200 meters. 

Enscoe is fast. Personal records of 4:25 in the 1,600 and 9:51 in the 3,200 can properly be described as “blazing.” Which is unsurprising once you hear of Enscoe’s pre-race routine. Before burning up the track, Enscoe routinely plays with fire. 

“Recently I’ve been juggling for a pre-race ritual,” says Enscoe. “Torches. I do it at home before (the race).” 

Enscoe, who was also the ACCAL cross-country champion last fall, is a self-taught juggler. Balls, clubs, and yes, torches. Fittingly, he does a good deal of his distance training on the fire trails in Berkeley above Strawberry Canyon. 

Enscoe’s 4:25 personal record in the 1,600 was set Saturday at the North Coast Section Bayshore Regional meet. Enscoe finished third, qualifying easily for next weekend’s NCS Meet of Champions at UC Berkeley – and he likes his chances. 

“It was fun,” said Enscoe. “I pretty much did everything I wanted to do today. It was motivating to get third place - I only needed seventh to qualify.”” 

Berkeley distance coach (and also cross-country coach) Dave Goodrich points to Enscoe, along with sophomore Nic Reily and senior Scott Monash, as the keys to Berkeley’s distance resurgence.  

“We had a strong group of distance runners and we did well,” says Goodrich. “I don’t want to say we carried the team, but we did have a strong group, and Alex was a big part of that.” 

“He’s a great kid - real coachable, does whatever you want him to do, and then asks to do more - I have to hold him back more than anything on most days.” 

Enscoe is proud of the role the distance runners played in Berkeley’s success this year. 

“We’ve been able to make a better contribution - we’ve been getting a lot more people to be more serious about it.” 

And he attributes much of Berkeley’s new success to Goodrich, who was pressed into service this year when the Berkeley distance runners found themselves coachless. 

“I saw these kids working out in the afternoon and they really didn’t have a coach,” says Goodrich, “so I volunteered to do it.” 

“I wouldn’t call last year’s team weak, they were just young, and inexperienced. They’ve developed a lot - I don’t know if it’s just enthusiasm or what, but they’ve definitely come a long way this year.” 

For whatever reason, Goodrich seems to be getting more out of this year’s distance crop than Berkeley has seen in recent memory. At a meet late this year, he put Enscoe to the test by throwing him into two events that he never runs in competition – the 800 and the 4 by 400 relay. 

“In the 800 his PR was 2:11, and he ran a 2:01. He PR’d by about 10 seconds, that shows his improvement over the year. He also came back that day and ran a leg of the 4 by 4 and ran a 53 (seconds) - his PR before that was 60,” Goodrich says. 

Enscoe approves. 

“I think he’s helped a lot as far as getting people involved and doing the right training and stuff,” says Enscoe. “It’s good to have a coach who knows what he should be doing at all times. I think the program will keep improving the next few years.” 

As will Enscoe. Only a sophomore, Enscoe isn’t thinking much about the future but the promise is bright for both Enscoe and the Berkeley team. 

“Right now I think I’m going to keep running and playing music (Enscoe is also a guitarist) as long as I can - I don’t know what else. I’d like to run in college, and I’d like to play music for my whole life.” 

A college career in running seems all but assured for a multiple ACCAL champion who is still just a sophomore. As for the guitar playing, that will depend on Enscoe’s continued ability to catch those torches cool-side down.

A year-old spat that some say is as much about politics as it is about pain is scheduled to be heard in court this week. 

Former Berkeley resident Barbara George is pressing a case against political foe and Planning Commissioner Gordon Wozniak for injuries she incurred when Wozniak allegedly kicked a chair that struck her chair during a heated meeting of the city’s Environmental Sampling Project Task Force in March, 2001. 

Wozniak, who has announced his intentions to run for City Council this November, has portrayed last year’s incident as an accident. He says he “shifted his position,” and a chair in front of him fell forward. 

On Thursday, a small claims court judge is expected to decide the merit of George’s $5,000 suit against the commissioner for medical bills, pain and suffering resulting from back injuries. 

“I do think [his actions] were intentional,” George said on Monday. “He hurt me... He should have been more in control of himself.” 

George filed her suit just weeks before the one-year statute of limitations expired. She said her delayed March 7, 2002 filing was the result of her busy work schedule, personal finances, and some anxieties about taking the case to court. 

“I didn’t feel I could let it go in the end,” she said. 

Wozniak tells a different story and said, last week, that eyewitnesses to the 2001 incident would affirm his innocence in court Thursday. 

Though he didn’t want to discuss details prior to the court date, Wozniak said that George’s late filing of the suit might be politically motivated. 

The well-known ideological differences between the two surfaced at last year’s infamous meeting, during a public comment period on the Lawrence Berkeley National Laboratory and its monitoring of controversial tritium emissions. 

George was critical of the lab’s release of tritium, a radioactive isotope that has been known to cause cancer. Wozniak is a senior scientist at the lab. 

According to several witnesses at last year’s meeting, George’s injury followed a vocal protest she made against a lab official. After snubbing requests for her to be quiet, Wozniak, seated two rows behind George, allegedly kicked a metal folding chair which struck the back of George’s chair. 

A police report filed on the night of the meeting cites contradictory testimony by witnesses as to whether the incident was intentional or accidental. 

George said that after the incident she drove herself to Alta Bates/Summit Medical Center where she was treated for bruising and muscle spasms and then released. 

Wozniak was issued a citation by police. 

Another factor prompting George to pursue a lawsuit against Wozniak, she said, was his stated ambition to run for City Council. 

“When I heard the news that he was running for City Council, I realized that this guy shouldn’t be running anything,” George said. “He’s really a violent man.” 

Wozniak is looking to replace Councilmember Polly Armstrong, who has said she will not run for another term in District 8. 

Enron castaways  

bare all in ‘Playgirl’ 

HOUSTON — They’ve already lost their shirts to Enron Corp. Now they’re doing the same for Playgirl Magazine. 

Five former Enron employees went before Playgirl’s cameras Sunday for a daylong photo shoot for an issue due in stores in October. 

The issue will feature profiles of the men and their experiences with the former energy giant, which filed for bankruptcy in December after questions about the company’s accounting practices surfaced. 

“Enron made me bare it all,” said Mark Zebrowitz, who worked as a production manager for Enron Oil & Gas in India. “That’s all they left me with.” 

In return for the men’s willingness to show off what normally stays under wraps, Playgirl offered “more money than they made on their stock options,” magazine editor Michele Zipp said. 

Playgirl’s offer came April 1, a week after Playboy Magazine invited current and former female workers to pose for a “Women of Enron” issue. 

About three dozen men applied. The magazine narrowed its options to five. 

“We thought, ’Why not help these guys who were down on their luck try something different for a career, even if it is a day of fun,”’ Zipp said. 

Surprise – prom date changed 

LOS ANGELES — “Please don’t hang up! This is an urgent message.” 

The automated phone call from the Garfield High School senior class president alerted classmates last week that the prom was not happening Saturday night. 

It’s being held June 1 instead. 

The mix-up sent hundreds of students at the East Los Angeles school scrambling to reschedule hair appointments and tuxedo and limo rentals. 

Nearly 300 angry students showed up at a meeting of senior class officers after learning about the problem. 

“It was like a peasant uprising,” said senior Sylvia Torres, 17. “They were all talking at the same time.” 

It seems the confusion about the biggest social event of the year was the result of miscommunication between school administrators and the Long Beach Hilton. 

Assistant Principal Peter Luevano said he thought a signed contract with the hotel stating the prom would be held June 1 had been changed to May 18 after he made the request over the phone last fall. 

But the hotel’s director of catering, Ross Gagnon, said the hotel had no record of any such conversation. For a year, the hotel has been booked on May 18 for a different prom. 

School administrators have called limo companies and tuxedo rental shops to alert them to the changes. 

“No one has refused to hold the rentals,” said Assistant Principal Richard Bin. 

Not all students are furious. Some say they’re grateful for the delay. 

“My dress isn’t even done yet,” said 18-year-old Silvia Ramos. 

Wanted: Lewis & Clark 

BLAIR, Neb. — Listen up, Lewises and Clarks. A parade celebrating the bicentennial of the Lewis & Clark expedition is in need of participants. 

Jim Morely is trying to get as many people with the same last name as famed explorers Meriwether Lewis and William Clark as he can to sign up for a parade in Blair on June 15. 

The parade is a kickoff to Nebraska’s celebrations of the Lewis & Clark expedition that traveled up the Missouri River and reached Nebraska in the summer of 1804. 

The Blair parade is an attempt to celebrate the expedition, gain attention and raise money for celebrations of the bicentennial. 

“No one had ever thought of doing anything like what they did. It was the 1804 equivalent of going to the moon,” Morely told the Lincoln Journal Star for a story Sunday. 

Morely sent out more than 450 letters to those people with the last names as the explorers and got six replies. 

Morely said people may have thought the letters were junk mail or part of some marketing scheme and just pitched them. He added that anybody named Meriwether Lewis or William Clark would get to be in front of the parade group. 

- The Associated Press

The core of the problem in the Middle East is in the cultural differences between the East and the West. The social rules that the West believes in are totally estranged to the Arab culture. With the introduction by the English department of a course to be taught by a fifth-year graduate student, Snehal Shingavi, and titled “The Politics and Poetics of Palestinian Resistance,” that very same problem may become the core of a major problem in UC Berkeley. 

The United Nations charter states its purpose: “to bring all nations of the world together to work for peace and development, based on the principles of justice, human dignity and the well-being of all people.” “Dignity” as defined by Webster’s Dictionary is: “the quality of being worthy of esteem or honor.” How can you deal with people whose grand ideas of being worthy of esteem and honor are “martyrdom” and suicide? There is more to it than “just a failure of oversight on the part of the English Department in reviewing course proposal descriptions.” 

The Hamas is educating children by informing them of the virtues of suicide bombing – What do you expect from known followers of the Hamas to teach our kids? 

Now, if you were to choose two instructors, an Israeli and an Arab, perhaps you could take credit for trying something new and different. Otherwise, the University of California at Berkeley is misappropriating public funds for its own selfish and destructive purpose. 

- Giora Stavi 

Berkeley

FOXBORO, Mass. — The United States isn’t quite ready for the World Cup. The way the Americans look at it, they don’t have to be just yet. 

“This takes us down a notch to earth,” U.S. captain Claudio Reyna said after Sunday’s 2-0 loss to the Netherlands. 

In its last game before heading to soccer’s showcase event, the U.S. team made two key defensive blunders. 

Eddie Pope fell while trying to clear a pass in the final minute of the first half, allowing an easy goal for Roy Makaay. David Regis was stripped of the ball in front of the net by Andy van der Meyde, who hopped over goalkeeper Kasey Keller and put the ball into the open net in the 76th. 

“It’s not that bad that we lost today,” Reyna said. “As much as nobody likes to lose, if perhaps we won today, people would have set high expectations for us.” 

The Americans, who leave for the World Cup from New York on Thursday, had been 10-0 at home in warmup games. But more telling is their 0-4 record this year against European opponents, with losses at Italy, Germany and Ireland. 

At the World Cup, the United States opens June 5 against Portugal, then plays co-host South Korea on June 10 and Poland on June 14. 

Unlike the previous two games, which knocked midfielder Chris Armas and defender Greg Vanney out of the tournament, there didn’t appear to be any major injuries for the Americans (10-4). Defender Jeff Agoos came out in the 41st minute because of tightness in his right calf. 

Arena, who hasn’t said which goalkeeper he’ll start in the World Cup, used Brad Friedel in the first half and Keller in the second. 

“That’s a very difficult decision,” Arena said. “I’m not going to make it now. It won’t be easy when I do make it.” 

The Netherlands, which finished third at the 1998 World Cup, is the best team not going to the World Cup. The Dutch were outshot 18-14 and goalkeeper Ronald Waterreus made 11 saves, including outstanding stops on Reyna, Pope and Cobi Jones. 

American midfielder John O’Brien, who plays with van der Meyde at Ajax Amsterdam, had an open net in the 10th minute but put the ball over the crossbar. In the 63rd, he was stopped by Waterreus from about 24 yards. 

Arena, pleased with the performance, thought back to the only previous meeting between the Americans and the Netherlands, a 2-0 win for a nearly full-strength Dutch team. 

The body of a middle-aged Taiwanese national was found on the Union Pacific train tracks at Hearst Avenue early Monday morning. 

It is believed that the man tied himself to the train tracks, distraught after quarreling with family members. One of the family members was his son, who is a student attending UC Berkeley, and who resides at the University Village apartments. 

“In an apparent suicide, he tied himself to the Union Pacific train tracks early yesterday morning,” said Union Pacific Railroad spokesperson Mike Furtney. 

The man, whose name has not yet been released by officials, was hit by the train at approximately 5:27 a.m. 

Earlier in the morning, at approximately 2 a.m., there had been a call of a domestic violence incident at the University Village. It later became apparent to the officers that the party involved in the domestic call was the person discovered dead on the train tracks. 

“Apparently this individual laid down on the tracks,” Furtney said. “ As the crew saw him, he lifted up once then just laid back down.” 

Furtney said it takes approximately a mile and a half for a freight train to be stopped in the case of an emergency and that by the time the victim was sighted on the tracks it was too late. 

His identity was later verified by a passport found near the train tracks. 

The adult male victim is described to be at least 50 years of age. 

According to UC police reports, the suspect was intoxicated and upset after having fought his wife and daughter earlier in the evening. He did not leave a note but authorities are viewing the accident as an apparent suicide.  

“After a dispute with a family member, he apparently committed suicide on the train tracks,” Furtney said. 

To the Editor: 

As a Berkeley resident and tax payer, as well as the concerned parent of a 10th-grade Berkeley High School student, I am wondering if the BUSD School Board has a policy for the public comment section of its meetings.  As it stands, it is quite apparent that the board president receives all the cards that are submitted and either shuffles them randomly, or puts them in a certain order (that very obviously has nothing to do with the timeliness of their submittal) before she decides who gets to speak.  Are public comments at BUSD board meetings heard only at the discretion of the board president? 

- Dan Peven 

Berkeley

Residents of central Berkeley say a recent pedestrian fatality could have been averted if city leaders wouldn’t have strayed from a five-year-old pledge to reduce traffic in the neighborhood. 

The May 7 death of a 72-year-old nun struck by a car on the 1600 block of Addison Street was the result of inadequate efforts to keep commuter traffic off of residential streets, say some members of the neighborhood group MAAGNA ( McKinley, Addison, Allston, Grant Neighborhood Association). 

“We’ve been trying to get improved safety measures for 30 years,” said MAAGNA Secretary Wendy Alfsen.  

Alfsen said traffic-diverting devices were planned by the city in 1997, following a decision to build a new public safety building on Addison Street and MLK Jr. Way, but were never carried out. 

“Had the city been on that timeline, the car [that struck the woman] would not have been on the street,” Alfsen said.  

Tonight, City Council is scheduled to consider a plan put forth by Councilmember Dona Spring to immediately install concrete diversion devices on Addison, Allston, and Jefferson streets. 

Spring acknowledged that there were recent delays in effecting traffic-calming measures in the central Berkeley neighborhood and attributed them mostly to high turnover in the city’s traffic engineering posts. 

“And there have been other traffic issues that have needed to be addressed as well,” she added. 

Neighbors say Spring’s proposed steps should have been taken up long ago by the city, but said they’re better late than never. 

“I trust that if other neighborhoods have had devices put in and made safe, the same thing can happen here,” said Mary Holland, noting that it was unfortunate it took a tragedy to propel the city to action. 

The May 7 accident occurred when Richmond resident Christine Bennett left the 7:00 a.m. mass service at St. Joseph the Worker Church, at 1640 Addison Street. Bennett was on her way to retrieve a book from her car when she was hit by a car driven by a 25-year-old woman, according to Father Bill O’Donnell. 

The Berkeley Police Department would not return phone calls regarding investigation of the accident. 

O’Donnell described Bennett as “quiet”, “very faithful” and someone who had a “huge heart for the poor and struggling.” She had been attending a weekly study group at the church for more than 20 years, O’Donnell said. 

Bennett’s death represents the first pedestrian fatality in Berkeley in nearly a decade, but Councilmember Dona Spring says that within Census Tract 30, where the accident occurred, there have been many pedestrian injuries. 

Addison and Allston streets, between MLK Jr. Way and Sacramento Street, are the two most dangerous residential streets for pedestrians in Berkeley, Spring said. 

Drivers use the streets to get between the downtown and west Berkeley, avoiding congested arteries like University Avenue, she explained. 

“We need this to stop,” she said. 

To the Editor: 

I am concerned that the avalanche of calls for Americans to go shopping in order to give the economy a boost undermines both our families’ and our nation’s security. It is time to examine the implications of taking on more financial stress, and to clarify what purchases would really strengthen our country. 

If we are going to spend, we should look for purchases that will alleviate our energy demands, not increase our dependence on oil. An efficient refrigerator or a hybrid vehicle would be more patriotic choices than a gas-guzzling Ford “Destroyer.” 

We can also improve our nation’s energy security simply by recycling, driving less and conserving heat and electricity at home and in the workplace. Patriotism is not about running our bank accounts into the red just to perpetuate the status quo; it’s about making our country — and the world — a better place for ourselves, our neighbors and our children. 

- Kali Steele 

Berkeley

The largest housing development in recent Berkeley history, slated to include 174 units of residential development and necessitate the replacement of 350 parking spaces in central Berkeley, the Library Gardens project was mysteriously pulled from further consideration at last Tuesday’s City Council meeting. 

John DeClercq, vice president of Transaction Companies — the landowners and property developers of 2020 Kittredge St. — did not return phone calls to comment as to why his company has chosen to remove the project from further consideration, but officials at City Hall are guessing that the price tag on the parking element just didn’t pencil out. 

“It is going to cost a lot of money to replace all the parking, and he was very critical of wanting to place the courtyard there (which is what originally necessitated the replacement of existing parking),” said Councilmember Linda Maio. 

According to Maio, underground parking costs a developer approximately $50,000 per space. 

In addition, Transaction Companies had lost a number of the long-term tenants for the project due to the fact that they would lose parking while the project was under construction. 

In January, DeClercq threatened to sue the city over the same project, in an attempt to exempt Library Gardens from the Inclusionary Housing Restriction, which requires all developments of five or more residential units to include affordable housing. The basis of the lawsuit was that the inclusionary restrictions in the city’s Zoning Ordinance are inconsistent with an element in the Costa-Hawkins Rental Housing Act that requires that residential development built after 1995 not be subject to rent control. 

But despite the threatened lawsuit, several councilmembers have referred to the Library Gardens project as being very popular with city officials. 

“The reason some developers give for pulling a project is that there’s so much dissension, but almost everyone supported this project,” said Councilmember Kriss Worthington. “So that was not the reason.” 

Worthington went on to say he does not know why the project was pulled.

To the Editor:  

The so called “racial privacy initiative” (slated to appear on California’s November ballot) is not about privacy nor equality. It is simply an attempt to hide the presence of people of African descent.  

This denial of African presence has occurred in North, Central and South America for years and years.  

If the initiative passes, it may have one small good effect: Fifty years from now, Ward Connerly will be erased from history.  

- Bernice Brucker  

Oakland

SACRAMENTO — Trying to put to rest a politically embarrassing contract controversy, Gov. Gray Davis issued an executive order Monday requiring competitive bidding on most state contracts worth at least $100,000. 

Davis also said he would sign a bill he vetoed in 1999 banning technology consultants from advising the state on computer contracts and then bidding on the same contracts. 

“These actions will put an end to large sole-source contracts by the state until we establish tough regulations that promote competitive bidding,” Davis said in a statement. “I am determined to ensure that taxpayers get their money’s worth and that all state contracts withstand scrutiny.” 

He made the announcement as a legislative committee prepared to question some of the governor’s top aides this week about a $95 million, no-bid contract the state signed last year with the Oracle Corp. 

The deal was billed as a way for the state to save at least $16 million — and potentially tens of millions more — through volume purchases and maintenance of database software. 

But the state auditor said last month that the contract could end up costing the state up to $41 million more than if it had kept its previous software supply arrangements, a conclusion Oracle disputes. 

Adding to the controversy is the fact that Davis received a $25,000 campaign contribution from Oracle a few days after the contract was signed. 

Both Davis and Oracle officials say there was no link between the donation and the contract, but Davis has returned the money and administration and Oracle officials have begun discussing how to rescind the deal. 

Administration officials had hoped to have an agreement with Oracle this week, but Davis spokesman Steve Maviglio said it could take longer than originally expected.

SAN FRANCISCO — Federal authorities on Monday accused the executives at three Northern California software companies of cooking the books to dupe investors and prop up stock prices during the high-tech boom of the 1990s. 

The U.S. Attorney’s office filed criminal charges of securities fraud against two former chief executives, Gholamreza Mikailli of Sacramento-based Unify Corp. and Alan K. Anderson of the now-defunct Quintus Corp., as well as former chief financial officer Gary Pado of Unify. 

The Securities and Exchange Commission also filed civil complaints against the same three men, as well as two former Legato Systems Inc. sales executives, David Malmstedt and Mark Huetteman. 

Although the cases were unrelated, they shared a common theme — allegations of brazen deceit driven by a desire to create a bright financial outlook that would make their holdings in their companies worth a fortune. 

The charges include allegations of forgery, self-dealing and elaborate cover-ups. 

The allegations against Mikailli and Anderson “can only be described as shocking” said Helane L. Morrison, district administrator for the SEC’s San Francisco office. 

Both Mikailli, 50, and Anderson, 40, are accused of fabricating millions in bogus sales as part of elaborate schemes carried out over several months. 

Mikailli, known as “Reza,” also faces charges of pocketing $4 million in illegal trades of Unify stock. 

Efforts to reach Mikailli, Anderson and their attorneys were unsuccessful Monday. Authorities said they arrested Mikailli at his Saratoga home Monday morning after a federal grand jury indicted him last week. The indictment against Mikailli had been sealed until Monday. 

If convicted, Mikailli and Anderson each face maximum sentences of 10 years in federal prison and fines of up to $1 million. Mikailli also faces conspiracy charges that carry a maximum penalty of five years in prison and a $250,000 fine. 

Pado pleaded guilty to securities fraud last week as part of an agreement that requires him to cooperate in the government’s case against Mikailli. 

Federal authorities say they are aggressively pursuing allegations of financial misconduct to help restore investor confidence amid a series of accounting scandals headlined by the collapse of Enron, once the country's largest energy trader. 

The Silicon Valley — home to hundreds of publicly held tech companies that created incredible wealth during the 1990s — is emerging as a hotbed of accounting trouble. 

Last year, San Francisco-based Critical Path Inc. rocked investors by acknowledging it fabricated some of its sales, resulting in criminal convictions of two former executives in one of the biggest securities fraud cases filed by authorities this year. The FBI’s investigation into the alleged misconduct of former Critical Path executives is continuing. 

Quintus was based in Dublin before going bankrupt in February 2001 and negotiating a sale of its assets to Basking Ridge, N.J.-based Avaya Inc. for $30 million cash. When its stock peaked at $56.50 in late 1999, Quintus had a market value of $1.9 billion. 

Although its headquarters is currently in Sacramento, Unify was based in San Jose while Mikailli and Pado engaged in their alleged shenanigans 

Unify got rid of both executives after uncovering the accounting problems in July 2000 and eventually wiped $18.4 million in revenue off its books, authorities said. Most of Unify’s sales team also left the company. 

The scandal devastated Unify’s shares, which peaked at $34.22 on the Nasdaq Stock Market. Nasdaq de-listed Unify’s stock in late 2000. The shares, which now trade on over-the-counter market, closed at 71 cents Monday. 

In the civil case against the former sales executives of Mountain View-based Legato, the SEC alleges Malmstedt and Huetteman conspired in a scheme that caused the company to record millions of dollars in improper revenue. 

Legato acknowledged the accounting trouble in May 2000 when it lowered its previously reported 1999 revenue by $23 million.

Environmentalists expected to ask city to support lawsuit  

Lawrence Berkeley National Laboratory’s use of its tritium facility – which burns off potentially hazardous waste – has once again put federal lab officials at odds with a local environmental group that contends the burning process poses serious health risks. 

This Tuesday, for the second time this year, the grassroots Committee to Minimize Toxic Waste will petition City Council for $15,000. They want the city to fund a lawsuit seeking an injunction to stop the lab’s studies of certain waste treatment until an environmental impact report can be prepared. 

At issue is how the lab should dispose of waste, accumulated at their soon-to-be closed National Tritium Labeling Facility, and whether lab officials intentionally mislead the city regarding the extent and duration of the waste treatment studies taking place there. 

The labeling facility operated for 19 years providing tritium, a radioactive isotope of hydrogen, for researchers for use in a process known as labeling. Because tritium glows, it was used to attach to pharmaceuticals and pesticides so they could be traced as they traveled though organisms.  

However the labeling process required the release of tritium and other hazardous chemicals through an emissions stack located near a residential district and approximately 500 feet from UC’s Lawrence Hall of Science. 

There is disagreement about whether the emissions threaten the community. 

Lab officials note that emissions have always been well within federal standards. But environmental activists cite a 1998 Environmental Protection Agency study that found tritium levels at the lab above the agency’s cancer risk screening concentration level, qualifying it as a Superfund cite. 

Concerned about potentially dangerous levels of exposure to museum visitors and local residents, especially in the case of an earthquake or wildfire, the city twice petitioned for the facility’s closure. 

In September 2001, lab officials, having lost funding and facing continued community opposition, announced the closure of the facility, scheduled for that December.  

Environmental activists were elated, but the lab faced a dilemma over what to do with the remaining tritiated hazardous waste.  

The tritium had been mixed with numerous non-radioactive hazardous compounds, resulting in a product called “mixed” waste, which the lab is not permitted to send to storage facilities. 

Federal law requires Department of Energy laboratories to treat their mixed waste, which involves separating the hazardous compounds from the tritium so that it can be handled at a low-level landfill that handles exclusively radioactive wastes. 

The usual course of action would have been for the lab to transport the tritiated mixed waste to an incinerator plant.  

However, according to Robin Wendt, deputy environmental health and safety manager at the lab, the incinerator option would have cost roughly $6 million and requried congressional appropriation. Wendt also noted that incineration is a relatively dirty method of separating hazardous compounds from tritium, releasing a higher percentage of tritium from the incinerator stack. 

Instead, the lab opted to treat its mixed waste at the tritium facility using catalytic chemical oxidation. This process, which also involves burning mixed waste, is more environmentally friendly than incineration, but still results in hazardous emissions through the ventilation stack. 

The lab’s decision infuriated members from the Committee to Minimize Toxic Waste. 

According to Pamela Shivola, co-chair of the CMTW, not only does catalytic oxidation release cancer-causing dioxins, but in 1998 a similar mixed waste treatability program, at the facility, resulted in an accident that released at least 35 curries of tritium – roughly half of the facility’s average annual emissions. 

Because of that accident, the California Department of Toxic Substances, in 2000, ordered the lab to stop performing mixed waste treatments at the site unless it applied for a permit, according to Gene Bernardi of the CMTW. 

The current mixed waste oxidation is not in violation of this order because it is classified as a study, which can be started without obtaining a permit. 

Wendt insists that a kiln process was to blame for the 1998 accident, which is not part of catalytic oxidation and has not been used since the accident. 

“Every indication we have is that this is entirely safe. These are extraorinary low levels that can be safe even as proximal as we are to the neighborhoods," said Wendt. 

The lab started catalytic oxidation in January of 2002. Because the facility is a federal lab and beyond the city's jurisdiction, the CMTW decided to pursue legal action. 

The lawsuit was to be filed against the California DTSC for failure to require the lab to do an environmental impact report before they allowed the lab to restart waste treatability activity. 

On February 5, 2002 the City Council voted 4-3 to reject funding the lawsuit. 

Nancy Shepard, an attorney fo the lab, spoke before the council that evening, and her testimony remains a source of contention between the two sides. 

According to Councilmember Donna Spring the council voted against funding the lawsuit because Shepard promised that the oxidation would be completed by April, and that there would be no further mixed waste treatments conducted there. 

“The lab mislead the council,” Spring said. “They knew in October they planed to do other treatability studies, yet they said they’d close up shop in April.” 

Shepard insists that the transcript from the council meeting proves that she never guaranteed that the oxidation would be completed by April, and that she said there would be no other mixed waste studies performed at the tritium facility, but mentioned the possibility of tritiated mixed waste studies at some of their other facilities. 

This issue has added importance to the upcoming council debate. The CMTW has recently learned that later this year the lab intends to use tritiated mixed waste to study an experimental process, known as biodegradation. 

According to Wendt, the biodegradation study will take place at a different facility within their campus. Although he could not guarantee that no tritium or hazardous waste would be emitted from the studies, he insisted that bio-degradation represented an exciting treatment option that was far more environmentally friendly than incineration or oxidation. 

For Elliot Cohen, of the Peace and Justice Commission, which sent the matter back to council, the future merit of these experiments is not the point. 

“The only way were going to know if this is dangerous is if 30 years from now kids from the neighborhood get sick. There is no reason to subject the community to this type of environmental risk,” Cohen said. 

“This shouldn’t be done on a fault line, in a fire hazard area in such a densely populated community,” he added. 

The tritium facility was originally schedulded to be completed in February or March, but that has been pushed back to July, due to staffing issues and work on other studies, according to Wednt. 

Despite controversy over the delay in closing the tritium facility and continued mixed waste studies, it remains unlikely that the council will vote to fund the lawsuit. 

At the February meeting progressive Councilmember Linda Maio, a former lab employee, sided with council moderates in opposing the lawsuit. Although she could not be reached for comment by press time, her Website includes a statement defending the lab 

To the Editor: 

Former President Jimmy Carter probably won't find any biological weapons factories during his five-day trip to Cuba, even with Rosalynn helping.  

Maybe he should visit the prison camp at the Guantanamo Bay Naval Base, where some 384 people are being detained. They have not been charged with crimes or scheduled for trial. It looks like they are being jailed for life, without possibility of parole. 

When Hitler did that they were called "Concentration Camps." When Stalin did that they were called the "Gulag." Do we call it "Bringing terrorists to justice." 

-Marion Syrek

Monday, May 20

Build Your Dream-House for a Song 

(and own it free & clear in 5 years), author David Cook. 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Berkeley Gray Panthers 

Home owners meeting. Chuck Durrett of Co-Housing tells about his program. All welcome. 

3 p.m. 

Berkeley Gray Panthers office 

1403 Addison St. (behind Andronico's on University) 

548-9696 

Tuesday, May 21

Fibromyalgia Support Group 

Herbal Alternatives and Drug Interactions for Fibromyalgia 

Noon to 2 p.m. 

Alta Bates Medical Center, Maffly Auditorium - Herrick Campus 

2001 Dwight Way 

644-3273 

Free 

The Art of Practice with Tom Heimberg 

Violinist with the SF Opera, Tom offers an overview that applies to all instruments. 

Musicians Union Local 6 

116 Ninth St. at Mission 

San Francisco 

415-575-0777 

$10 and free to local 6 members 

Strawberry Tasting 

Tasting & cooking demonstrations 

Berkeley Farmers' Market 

10 a.m. to 3 p.m. 

Derby Street at Martin Luther King, Jr. Way  

Free 

Arthritis Month Special 

Herbal alternatives & drug interactions for Fibromyalgia. Dr. Anita Marshall, Pharm.D., l.Ac 

12 to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

ednesday, May 22

Healthful Building materials 

Seminar by Darrel DeBoer 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Thursday, May 23

Secrets of Search Engine Marketing 

A workshop held by The Sustainable Business Alliance 

8:30 to 11:30 a.m. 

Holiday Inn Express 

1175 University Avenue 

451-4001 

Senior Men's Afternoon 

Gay senior men discussion group, 2nd & 4th Thursdays. 

Pacific Center 

2712 Telegraph Ave. 

510-548-8283  

Free 

Fishbowl: "Everything you always wanted to know about the opposite sex but were afraid to ask" An opportunity to ask anonymous questions in a confidential and supportive environment. 

7:30 to 9:30 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut St., Berkeley 

510-848-0237 X 127 

$8-$10 

Attic Conversions 

Seminar by architect Andus Brandt 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Friday, May 24

Cherokee Artist: John Balloue 

paintings depict scenes from historic & contemporary Cherokee history, as well as pow-wow and spiritual images. 

Gathering Tribes 

1573 Solano Ave. 

528-9038 or www.gatheringtribes.com 

Saturday, May 25

Word Beat Reading Series 

All kinds of entertainers come together. Featuring Kera Abraham and Ruth Levitan 

7-9 p.m. 

458 Perkins at Grand, Oakland 

Free 

Alice Waters "Chez Panisse Fruit" book signing 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Children's Movies 

Pinnochio (in English) 

Shows at noon & 2 p.m. 

The Actor's Studio 

3521 Maybelle Ave. 

Oakland 

510-530-0551 

$3 

6th Annual Sidewalk Chalk Art Festival 

Everyone's welcome to participate in covering Solono's sidewalks with chalk art. Featuring refreshments and entertainment. Artist's chalk and a Polaroid of the finished work are available for a fee. To encourage early registration, a raffle for merchandise by local business will be held for the artists at noon.  

Registration at Peralta Park, 9 a.m. - 5 p.m., 1561 Solano Ave. Berkeley. 

For more information: 510-527-5358, www.solanoave.org. 

Free 

Cain & Abel- 1st Annual Stop the Violence Gospel Festival 

In Memory of Children Killed by Senseless Violence 

St. Andrews Baptist Church Gospel Choir, Family in Unity Gospel Choir, Our lady of Lourdes’ Men Gospel Choir, Lorrain Taylor, Michael Nelson, Praise Dancers, Testimonials, Display of Homicide Quilt, presentation by Students of Malcolm X Academy, Sermon by Rev. Ishmael Burch Jr., LeDoursey’s “Gone But Not Forgotten” Sky, Ronald DeVoyce Blackburn’s From-the-Cradle-to-the- Grave memorial candles, The Homicide Names Banner and Holman “Bob” Turner’s photographs of parents at the graveside or location where their child was killed. 

Noon- 6 p.m. 

St. Andrews Baptist Church 

2565 Post Street (at Lyon) 

San Francisco 

415- 292-5157 or 415-346-6500 

Free- contributions and donations appreciated 

Saturday & Sunday, May 25 & 26

19th Annual Himalayan Fair 

Outdoor celebration of the great Mountain Cultures! Authentic Himalayan Art, craft, Music & Dance, exotic food & stage entertainment. Benefits Himalayan Grassroots projects. 

Sat. 10-7, Sun. 10-5:30 

Live Oak Park 

Shattuck & Berryman 

$5-$7 Donation 

Saturday through Monday, May 25-27

Chocolate & Chalk Art Festival 

Chalking takes place on Saturday only. Viewing the artwork all week end. 

Chocolate Festival begins by picking up a chocolate menu from business on Solano Ave. flying a festival banner. Chocolates are available for purchase from merchants as you stroll. Professor Gizmo, a one-man -band on Saturday from 2-4 at Peralta park and Berkeley Police operation Kid-print will be set up for finger printing your kids to keep in a file at home. Dog Fashion Show on Sunday at Solano & Key Route at 2 p.m., all animals must pre-register at 236-0588. Pet adoptions in Peralta Park 11:30-2:30 p.m., Sunday. Solano Avenue Gift Certificate Raffle anytime from May 22-29. Winner drawn May 29. 

The entire length of Solano Avenue, Berkeley & Albany 

Sunday, May 26

Prayer to Shakyamuni Buddha 

A traditional prayer and meditation  

6 p.m. 

Tibetan Nyingma Institute 

1815 Highland Place 

843-6812 

Free 

Children's Movies 

Pinnochio (in Spanish) 

Shows at 1 & 3 p.m. 

The Actor's Studio 

3521 Maybelle Ave. 

Oakland 

510-530-0551 

$3 

"What Cats Know" by Lisa Dilman 

Directed by Rebecca J. Ennals. Four thirty-somethings play a game of gotcha with unexpected consequences.  

Through June 8. 

Thursdays- Saturdays 8 p.m. $20, 

Sundays 7 p.m.- Pay what you can 

Transparent Theater 

1901 Ashby Avenue 

510-883-0305 

www.transparenttheater.org 

Impact Theatre's Love Is The Law 

La Val's Subterranean Theatre 

World-premiere of Impact Theatre's new romantic comedy play featuring David Ballog. 

Through June 9. 

For more information and reservations: 510-464-4468, www.tickets@impacttheatre.com 

$12 general, $7 students  

“Time Out for Ginger” May 10 through Jun. 1: The Actor’s Studio presents the famous comedy that sketches the tumult in a family that includes three teenage daughters, one of whom insists on trying out for her high school football team. $12. Check theater from dates and times. The Actor’s Studio’s Little Theatre, 3521 Maybelle Ave., Oakland 

“Homebody/Kabul” Apr. 24 - June 23: Berkeley Repertory Theatre presents Tony Kushner’s play about a women who disappears in Afghanistan and the husband and daughter’s attempts to find her. $38-$54. Call ahead for times, 647-2949, www.berkeleyrep.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. 

Berkeley Opera Presents 

Vivian Fine’s “The Woman in the Garden” 

One of America’s most highly regarded composers, Vivian Fine, has crafted a libretto from the writing of four women artists; Emily Dickinson, Isadora Duncan, Gertrude Stein and Virginia Woolf. Solos, duets, trios, and quartets express these innovative, non-conforming rebels, individual musings and struggles, revealing both social isolation and spiritual community of their artistic lives. Singers are supported by a nine-piece chamber ensemble 

May 23 - May 25, 8 p.m. 

Hillside Club 

2286 Cedar (at Arch St.) 

$30 General, $25 Senior, $15 Youth and Handicapped, $10 Student Rush 

Charge by phone: 925-798-1300 

Information: 510-841-1903, www.berkeleyopera.com 

Monday, May 20 

Live Music- Renegade Sidemen, with Calvin Keyes, Dave Rokeach & friends 

8 p.m., 2nd show 10 p.m. 

Anna’s Bistro 

1901 University Ave. 

Berkeley 

510-849-ANNA 

Tuesday, May 21 

Open Mic 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

Wednesday, May 22 

Yonder Mountain String Band  

Hard Chargin' bluegrass 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$19.50 advance, $20.50 at the door 

Thursday, May 23 

John Reischman & the Jaybirds 

Mandolin virtuoso & red-hot bluegrass ensemble 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door 

Variety Preview Room Art Opening 

Wine & cheese reception showcasing WPA (Works Progress Administration) muralist James Daugherty. Hosted by Variety, a children’s charity started in the depression when a baby was left in a Vaudeville Theatre with a note pinned to her, pleading for help. In this time of economic uncertainty and patriotism please join for viewing this special collection of WPA murals. 

Wednesday, May 22, 5 to 7 p.m. 

Variety Preview Room 

582 Market St. at Montgomery, San Francisco  

415-781-3894 

“The Art History Museum of Berkeley” 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., 841-4210, www.atelier9.com. 

“Masterworks of Chinese Painting” Through May 26: An exhibition of distinguished works representing virtually every period and phase of Chinese painting over the last 900 years, including figure paintings and a selection of botanical and animal subjects. Prices vary. Wed. - Sun. 11 a.m. - 7 p.m. The University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-4889, www.bampfa.berkeley.edu 

“Marion Brenner: The Subtle Life of Plants and People” Through May 26: An exhibition of approximately 60 long-exposure black and white photographs of plants and people. $3 - $6. Wed. - Sun. 11 a.m. - 7 p.m. The University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-0808, www.bampfa.berkeley.edu 

“The Image of Evil in Art” Through May 31: An exhibit exploring the varying depictions of the devil in art. Call ahead for hours. The Flora Lamson Hewlett Library, 2400 Ridge Rd., 649-2541. 

“The Pottery of Ocumichu” Through May 31: A case exhibit of the imaginative Mexican pottery made in the village of Ocumichu, Michoacan. Known particularly for its playful devil figures, Ocumichu pottery also presents fanciful everyday scenes as well as religious topics. Call ahead for hours. The Flora Lamson Hewlett Library, 2400 Ridge Rd., 649-2540 

“East Bay Open Studios” Apr. 24 through Jun. 9: An exhibition of local artists’ work in connection with East Bay Open Studios. Wed. - Sun. 11 a.m. - 5 p.m. Pro Arts, 461 Ninth St., Oakland, 763-9425, www.proartsgallery 

"What Cats Know" by Lisa Dilman 

Directed by Rebecca J. Ennals. Four thirty-somethings play a game of gotcha with unexpected consequences.  

Through June 8. 

Thursdays- Saturdays 8 p.m. $20, 

Sundays 7 p.m.- Pay what you can 

Transparent Theater 

1901 Ashby Avenue 

510-883-0305 

www.transparenttheater.org 

Impact Theatre's Love Is The Law 

La Val's Subterranean Theatre 

World-premiere of Impact Theatre's new romantic comedy play featuring David Ballog. 

Through June 9. 

For more information and reservations: 510-464-4468, www.tickets@impacttheatre.com 

$12 general, $7 students  

“Time Out for Ginger” May 10 through Jun. 1: The Actor’s Studio presents the famous comedy that sketches the tumult in a family that includes three teenage daughters, one of whom insists on trying out for her high school football team. $12. Check theater from dates and times. The Actor’s Studio’s Little Theatre, 3521 Maybelle Ave., Oakland 

“Homebody/Kabul” Apr. 24 - June 23: Berkeley Repertory Theatre presents Tony Kushner’s play about a women who disappears in Afghanistan and the husband and daughter’s attempts to find her. $38-$54. Call ahead for times, 647-2949, www.berkeleyrep.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. 

Berkeley Opera Presents 

Vivian Fine’s “The Woman in the Garden” 

One of America’s most highly regarded composers, Vivian Fine, has crafted a libretto from the writing of four women artists; Emily Dickinson, Isadora Duncan, Gertrude Stein and Virginia Woolf. Solos, duets, trios, and quartets express these innovative, non-conforming rebels, individual musings and struggles, revealing both social isolation and spiritual community of their artistic lives. Singers are supported by a nine-piece chamber ensemble 

May 23 - May 25, 8 p.m. 

Hillside Club 

2286 Cedar (at Arch St.) 

$30 General, $25 Senior, $15 Youth and Handicapped, $10 Student Rush 

Charge by phone: 925-798-1300 

Information: 510-841-1903, www.berkeleyopera.com 

Monday, May 20 

Live Music- Renegade Sidemen, with Calvin Keyes, Dave Rokeach & friends 

8 p.m., 2nd show 10 p.m. 

Anna’s Bistro 

1901 University Ave. 

Berkeley 

510-849-ANNA 

Tuesday, May 21 

Open Mic 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

Wednesday, May 22 

Yonder Mountain String Band  

Hard Chargin' bluegrass 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$19.50 advance, $20.50 at the door 

Thursday, May 23 

John Reischman & the Jaybirds 

Mandolin virtuoso & red-hot bluegrass ensemble 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door 

Variety Preview Room Art Opening 

Wine & cheese reception showcasing WPA (Works Progress Administration) muralist James Daugherty. Hosted by Variety, a children’s charity started in the depression when a baby was left in a Vaudeville Theatre with a note pinned to her, pleading for help. In this time of economic uncertainty and patriotism please join for viewing this special collection of WPA murals. 

Wednesday, May 22, 5 to 7 p.m. 

Variety Preview Room 

582 Market St. at Montgomery, San Francisco  

415-781-3894 

“The Art History Museum of Berkeley” 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., 841-4210, www.atelier9.com. 

“Masterworks of Chinese Painting” Through May 26: An exhibition of distinguished works representing virtually every period and phase of Chinese painting over the last 900 years, including figure paintings and a selection of botanical and animal subjects. Prices vary. Wed. - Sun. 11 a.m. - 7 p.m. The University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-4889, www.bampfa.berkeley.edu 

“Marion Brenner: The Subtle Life of Plants and People” Through May 26: An exhibition of approximately 60 long-exposure black and white photographs of plants and people. $3 - $6. Wed. - Sun. 11 a.m. - 7 p.m. The University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-0808, www.bampfa.berkeley.edu 

“The Image of Evil in Art” Through May 31: An exhibit exploring the varying depictions of the devil in art. Call ahead for hours. The Flora Lamson Hewlett Library, 2400 Ridge Rd., 649-2541. 

“The Pottery of Ocumichu” Through May 31: A case exhibit of the imaginative Mexican pottery made in the village of Ocumichu, Michoacan. Known particularly for its playful devil figures, Ocumichu pottery also presents fanciful everyday scenes as well as religious topics. Call ahead for hours. The Flora Lamson Hewlett Library, 2400 Ridge Rd., 649-2540 

“East Bay Open Studios” Apr. 24 through Jun. 9: An exhibition of local artists’ work in connection with East Bay Open Studios. Wed. - Sun. 11 a.m. - 5 p.m. Pro Arts, 461 Ninth St., Oakland, 763-9425, www.proartsgallery 

The Berkeley High boys’ lacrosse team fell just short of their state championship dream on Saturday, falling 7-3 to St. Ignatius at Kezar Stadium in San Francisco in the Northern California championship game. 

The top-seeded Wildcats finished their fourth consecutive state title campaign undefeated at 17-0, beating the Yellowjackets for the second time this season. 

For Berkeley, the game was more than a chance at a glorious finish to a great season. A win over St. Ignatius would have put Berkeley into the upper echelon of progams in Northern California, as well as evening out their only remaining unavenged loss. But it wasn’t to be for the ’Jackets, as failures to capitalize on first-quarter mistakes by the Wildcats came back to haunt them as the game wore on. 

“(St. Ignatius) finished well, and we kept hitting their goalie with our shots from in close and in man-up,” Berkeley captain Nick Schooler said. “It was bad execution and some bad luck.” 

Indeed, an uncharacteristic four first-quarter penalties put the defending state champs back on their heels, as Berkeley shook off a St. Ignatius goal after just 17 seconds to take a 2-1 lead at the end of the first quarter. With a Wildcat penalty just ending Schooler found Cameran Sampson open 15 yards out, and Sampson whipped home a shot past goalie Justin Boland. 

A minute later, Berkeley defender Chris May picked up a loose ball and raced over the halfline and towards Boland. When no Wildcats were there to stop him, May got close and bounced a shot past the goalie for the lead. 

Unfortunately for the ’Jackets, that was as close as they would get to the championship trophy. St. Ignatius stopped taking foolish penalties but kept on hitting, with defenseman Damon Conklin providing the link from the defense to the offense, as a long pass off of a Berkeley turnover put Matthew Fredericks out on a fastbreak to tie the game. 

“They beat us just they way we thought they would beat us, in the transition game,” Berkeley head coach Jon Rubin said. 

Some bad communication between Rubin and his players helped set up the go-ahead goal for St. Ignatius. Already down a man on an offsides penalty, Rubin called for midfielder Ed Hill to go back on defense, causing another offsides penalty to give the Wildcats a two-man advantage. Patrick Fitzgibbon took advantage, whipping a shot past Berkeley goalie Marc Bloch, and SI took a 3-2 lead into halftime. 

Rubin felt his team had played better than the Wildcats in the first half despite the deficit, but after the break the game was all about the defending champions. Three third-quarter goals gave them a 6-2 lead, an insurmountable lead with the SI defenders draped all over leading Berkeley scorers Schooler and Sam Geller. The Berkeley attack was almost always limited to aborted runs and distant shots, and when the ’Jackets did manage to get close to the goal Boland was there to stop them. 

“It’s an old saying in sports: offense wins games but defense wins championships,” St. Ignatius head coach Dave Giarusso said. “We have a defensive concept and we stick to it. We don’t play players, we play the system.” 

St. Ignatius All-American attacker Brian Schimaneck put the exclamation point on the victory, scoring his team’s final two goals on solo runs from the flanks to the front of the Berkeley net for easy finishes. Tamir Elterman got a consolation goal for Berkeley late in the fourth quarter, but by then it was clear that the ’Jackets would come up short of their state championship hopes. 

“I thought we’d get farther than this at the beginning of the year,” Schooler said. “It still feels good, but it could’ve been better.” 

For Rubin, who was named Coach of the Year for Northern California, Saturday’s loss was bittersweet as well. He knows it was the final shot at a state championship for his outstanding group of seniors, but Rubin thinks next year’s team has a chance to be just as good, if not better. 

“Next year we should be just as strong. I predict we’ll be right back here,” he said. “The difference today was that St. Ignatius knew what it takes to win a championship and we didn’t. Hopefully the returning players will use this to build on next year.”

The UC Theatre, at 2036 University Ave., was shut down last year and dismissed as a relic of the past. Now, though, it’s in high demand with several Berkeleyans wanting a refurbished theatre as part of their future. 

If theatre owner Pacific Bay Investments gets their plan approved, the future will belong to various cultural groups, sharing ground floor theater and art space below 56 apartments on a projected second floor.  

According to lead architect James Novosel, the 13,000 square-foot, ground floor cultural center would feature a 250-seat theatre, a 100-seat theatre, as well as an area that could be used as a dance studio or gallery space.  

The center would be connected to the Berkeley Repertory Theatre property and the Addison Street Art District via a pedestrian walkway that includes a 3,000 square-foot open-air courtyard.  

“Everyone will benefit from this project,” said Igal Sarfaty, a PCI partner, who added that his company would offer the cultural space to organizations at 50 cents on the dollar.  

To help offset the costs of the cultural center, the upper level of the theatre would be converted into 56 studios and one-bedroom apartments. Approximately 25 percent of the units would be designated as affordable housing. 

The current plan was not previously anticipated. 

Last year, the city commissioned Gary Meyer, a founder of Landmark Theatres, to determine a suitable future for the theatre. 

The expectation was that it would be persevered as a movie house. However, when it was determined that neither multiplexing the theatre nor turning it into a brew pub were economically viable, Meyer offered two recommendations: the option currently being pursued by the owners or a performing arts center.  

The Berkeley Symphony Orchestra is still pursuing the latter option. An acoustic study of the theatre revealed that it is ideal for symphonic music, and an upgrade from the symphony's current home at Zellerbach Hall. 

Managing a restored UC Theatre, would permit the symphony to better schedule its performances, and would preserve the theatre as a single venue. 

The catch is that the symphony averages about nine shows a year. To take control of the theatre, it would have to partner with other interested groups to round out the performance schedule and raise enough money to pay for theatre upgrades. 

A year into the process, neither the orchestra nor any other group has presented funding for the project.  

“We would hope to build a consortium of groups,” said symphony Director Katherine Barker-Henwood. However, she contends their effort has been stymied by uncertainty over how much money would be required to convert the theatre into a symphony hall, and whether the brick building is seismically worthy of a large-scale investment estimated to cost between $2 million and $10 million. 

The owners recently paid roughly $500,000 to seismically upgrade the theatre, a cost that was supposed to be shared with the former tenants, Landmark Theatres. 

However, the upgrade only guarantees that the building will not collapse in an earthquake, not that it will be usable afterward, according Ted Burton, a project manager in the city’s Office of Economic Development.  

“If you’re going to invest a huge amount of money on a symphony hall, you don’t want to lose it in the next quake,” said Burton.  

Having put a lot of money into the theatre without much rental income, the owners are anxious to move forward with the cultural center plan, which they can finance through the revenue earned by the housing units.  

“The theatre has been closed for a year. We don’t see any new operator stepping forward to use it as a big theater,” said Sarfaty.  

According to Novosel, the cultural center plan will be presented to the Berkeley Architectural Historical Association this week, and then shown to other design commissions.  

“We are doing a public outreach to find out if there is a community consensus on the need for a cultural center or if there is overwhelming support for maintaining the theatre,” Novosel said.  

Members of Berkeley’s performing art community seemed to favor the symphony hall, but were realistic about its chances. 

“If someone said he would be responsible for raising the money then I say go for it. Otherwise let the owners do something with the property,” said Patrick Dooley, artistic director for the Shotgun Players, a theater troupe currently using the theatre. 

The cultural center project could be submitted to the Zoning Adjustment Board and Landmarks Preservation Commission within a couple of months, and if approved, it could open by early 2004, according to Novosel.

To the Editor: 

In the May 10 letter about boycotting Saudi Arabia, Rachel Schorr speaks for some in the Jewish community who console themselves by stigmatizing as "anti-Semitic" any criticism by the press of the Israeli Government. Ironically, her revelations that a Saudi Arabian prince owns stock in AOL-Time Warner and that the BBC’s main reporter (whoever that might be) on the Middle East is married to a Palestinian is reminiscent of claims by anti-Semites that the world press, American politics and the global economy are manipulated by Jews. 

If Israel is (in Ms. Schorr’s words) portrayed in "a negative light," it is because the Israeli government has wantonly killed innocent children, women and men and destroyed the homes, orchards, and meager infrastructure of the Palestinian homeland Israel illegally occupies. If anything, the American press has failed to fully report on the crimes of the Sharon regime. 

To its great credit, some elements of the Israeli press do provide both objective reporting and reasoned analysis of Israel’s folly. "Haaretz," an Israeli newspaper that is published in print and online in Hebrew and English, is a reliable source of information and analysis that has been unsparing in its criticism of the government. 

Perhaps since "Haaretz" is not owned by a Saudi prince Ms. Schorr will entertain the notion that it is not anti-Semitic to expose and denounce Israel’s crimes; indeed, many Jews understand that it is their moral and religious responsibility to do so. 

-Joseph Stein 

Berkeley

It is an old baseball axiom: Do not walk the leadoff man. The St. Mary’s High Panthers violated that cardinal rule one too many times Saturday afternoon and it cost them both the BSAL crown and a shot at the North Coast Section playoffs. 

The Albany High Cougars brought home the championship banner with a bases-loaded single in the bottom of the seventh inning as they recovered from blowing a five-run lead in the late innings to take the title game 8-7 at Salesian High School in Richmond. Seven of Albany’s eight runs came across following leadoff bases on balls. 

For the Panthers (13-13), the loss meant not only the end to dreams of a league title, but also the end of their postseason aspirations. As a team with a .500 record, they are ineligible for an at-large bid to the NCS tourney. 

“Basically, the story is, we had only one pitcher (Joe Storno) and he pitched in the first game,” St. Mary’s head coach Andy Shimabukuro said, referring to Thursday’s victory over Piedmont High. “We knew we had to score a lot of runs to win and we just came up a couple short.” 

For a while it looked as though the Panther bats might have enough punch to pull off the upset of the number one seed Cougars, as St. Mary’s jumped on Albany starter Mike Clement in the first inning. One batter after Panther leadoff man Chris Morocco drew a walk to start the game, second baseman Chris Alfert drilled a 1-0 pitch about 380 feet high over the fence in straightaway left field to give Panther starter Scott Tully a two-run cushion. 

The freshman hurler could not hold the lead for long, however. The Cougars immediately pulled one run back in the bottom of the first. Then in the third, the flood gates began to burst, beginning with a leadoff walk to Ball, who scored on an Ian Gordon single. Cleanup hitter Robert Diaz followed with a double to the base of the wall in right center, prompting Shimabukuro to pull Tully in favor of reliever Marcus Johnson. 

Johnson nearly escaped the two-on, one-out jam, freezing first baseman Peter Collister with a slow curveball for a strikeout. But with a two-strike count on leftfielder Paul Muse, the diminutive righthander left a curve out over the plate and the Albany player smacked it into center for a single that plated two more runs. 

The wheels came off for St. Mary’s in the fourth. The Panthers placed runners on second and third with one out, thanks to a single by centerfielder Chase Moore and a bloop double to left by Joe Storno. Tom Carman then hit what appeared to be a routine sacrifice fly to medium deep centerfield. As Moore raced home, however, Albany centerfielder Eddie Izumizaki alertly threw behind Storno at second base, catching the first baseman off the bag for the third out before Moore crossed home plate. 

In the bottom half of the frame, another Albany leadoff walk – this time to number eight hitter Doug Fisch - came back to haunt the Panthers. Johnson then walked James Izumizaki on four pitches with two outs, leaving no room at first base for an intentional walk to Gordon, the league MVP. Gordon took a 2-0 fastball and drove it the other way for a three-run, opposite field homer and a 7-2 lead. 

“My coach told me I was going to get a lot of junk,” the Cougars’ star catcher said later. “I got a 2-0 count and I just waited for my pitch.” 

For Shimabukuro and St. Mary’s, it was the walk to Izumizaki that stung the most. 

“There’s only so many times you can pitch around him,” the coach said. “We didn’t get the right guys out so we could pitch around him. Their one and two guys really set the table.” 

With only three innings possibly remaining in their year, however, St. Mary’s once again showed the resilient spirit that has characterized so many of their come-from-behind victories this season. Johnson helped his own cause by igniting the fifth inning rally with a leadoff base on balls. Two batters later, third baseman Morocco hit a high, wind-aided opposite field home run to right. A double, a walk and a single further trimmed the Cougars’ advantage to 7-5. 

Then, down to their final three outs in the seventh, another St. Mary’s dream comeback seemed to materialize out of thin air. Morocco set the table with a line single to center.Alfert came up with another clutch hit, a hard double down the leftfield line that drove home Morocco. Moore followed with a scorcher up the middle for what looked like a game-tying single. Albany shortstop Ball made an unbelievable play to stab the ball with a dive, but his throw to first skipped in the dirt. New Cougar first baseman Dave Klein was unable to make the pick, knocking the ball toward home plate and letting Alfert scramble home with the tying run. 

But with the score finally level and a runner in scoring position, an unusual coaching decision may have cost the Panthers a shot at a game-winning run. With men on first and second with two outs, Johnson stood in the batters’ box with a 3-1 count. Shimabukuro elected to try for a double steal, and Storno, heading to third, was cut down by at least five feet for the third out. 

“It was a straight steal,” the coach explained later. “We were taking a gamble with a new catcher in the game. It didn’t work out.” 

Their momentum sapped, St. Mary’s lack of fresh arms became quickly apparent in the bottom of the seventh. Johnson, heading out to the mound for his fifth inning of work, immediately walked James Izumizaki on four pitches. Two more walks, one intentional to Gordon and one unintentional to designated hitter Robert Diaz, loaded the bases with no outs. Klein then drove the final nail into the coffin with a 1-0 single to right that plated Izumizaki with the winning run.  

As the Cougar players celebrated in front of their dugout, the Panthers quietly packed up their equipment and filed down the third base line for the final team meeting of the season. 

In the midst of his team’s festivities Albany head coach Giblin took a moment to praise the effort of the Panthers. 

“St. Mary’s played very tough; they’re a good team,” Giblin said. “They proved they belonged here. They were every bit as good as we were except for that final run.” 

Berkeley’s broadcast program Youth Radio has joined the ranks of “60 minutes” and CNN news, and last week, their kinship with the media giants was acknowledged by the state Assembly. 

Eleven young broadcasters were recognized Thursday at the State Capital building in Sacramento for winning the George Foster Peabody Award. Youth Radio was one of 34 media programs to recently win the honor, typically given to more lavishly-budgeted television shows and networks. 

“It’s really quite impressive,” said District 14 Assemblywoman Dion Aroner, who presented a complimentary resolution on the floor of the Assembly. “It is important that its success is transmitted throughout the nation and used to boost more programs that give youth a voice.” 

Their signature radio program, which airs locally on KPFB two days each week, presents commentaries of youth on a variety of issues likely to affect the youth community. Topics range from crime to education to teenage sex. 

The program is syndicated in certain NPR markets across the nation, and has also been picked up internationally by the BBC. 

Their national prize was earned, according to the Peabody board, “for activities enabling thousands of teenagers to express their views, to experience civic engagement and to develop critical thinking skills, teamwork, and self-esteem.” 

The distinction comes after a decade in existence in a small office on University Avenue. An on-site staff of mostly 14- to 17-year-olds, with little adult supervision, runs the studio with the input of students from local schools ranging in age from 11 to 20. A pier-training program has assured a consistent stream of qualified broadcasters. 

“The youth build the organization and carry it on their back,” said Youth Radio Deputy Director Beverly Mire. 

The program has also gained notoriety for its focus on minority and economically-challenged groups. The majority of Youth Radio participants are low-income and ethnic minorities. 

“A lot of them go home, and their lives aren’t that great, but when they come here, they shine,” said Mire. 

In addition to their cornerstone radio program, Youth Radio has expanded into other media outlets and has created material for television, newspaper, and the Internet. 

Today, a delegation of Youth Radio participants is visiting the Waldorf-Astoria Hotel in New York City where they will officially receive the Peabody Award. 

Their two-hour radio program can be heard on KPFB channel 89.3 on Thursdays at 4 p.m. and Fridays at 7 p.m. 

Contact reporter at kurtis@berkeleydailyplanet.net.

To the Editor: 

I wanted to comment on the opening line in the May 14 article written by Kurtis Alexander regarding the City Council item under consideration to move adult programming on channel 25 to after midnight. Although I was not directly quoted, Mr. Alexander incorrectly extrapolated this opening line from our conversation. During our conversation I did state that Berkeley Community Media should not be expected to be the moral conscience of the community. I stated that we were prohibited from censoring programming and that these decisions regarding obscenity needed to be a matter of law and not personal predilection. The FCC regulations on airing of sensitive content are extremely vague and require a community standard to determine whether content may be considered "obscene" and therefore unlawful. I feel that open dialogue about what program content may be considered obscene and what may be merely offensive to some viewers is essential to assure that the First Amendment is protected while at the same time providing a mechanism to properly deal with unlawful programming, for instance child pornography. Ultimately, community responsibility for content on our access station is vital to accurately represent Berkeley residents. I applaud the efforts of all Berkeley residents who get involved in access television and invite anyone with opinions on either side of this issue to come down to Berkeley Community Media and B-TV. 

-Brian D. Scott 

Executive Director, 

Berkeley Community Media

BHS baseball gets No. 6 seed, face Antiochfd 

The Berkeley High baseball team earned the No. 6 seed in the North Coast Section 3A East Bay playoffs and will play Antioch High on Wednesday. 

Berkeley, which was officially named the ACCAL champion after a complicated set of tie-breakers with El Cerrito High, will host Antioch at Cal’s Evans Diamond. The game will start at 5 p.m. 

St. Mary’s girls take Bayshore title; Brooks wins 400-meter race  

St. Mary’s High won yet another North Coast Section Bayshore title on Saturday, with the Panther girls edging James Logan High for the championship. Kamaiya Warren, Bridget Duffy and Danielle Stokes each won two events, with Tiffany Johnson pitching in with a first-place finish in the long jump. 

The St. Mary’s boys finished third behind Logan and Bishop O’Dowd High despite wins by Solomon Welch in the long jump and triple jump. Berkeley High’s Stephan Brooks won the 400-meter race with a time of 48.55. 

Qualifiers from the Bayshore meet move on to compete in the NCS Meet of Champions Saturday at Cal’s Edwards Stadium. 

Cal softball sweeps NCAA regional to reach World Series  

FRESNO – With senior Jocelyn Forest throwing her fourth complete game in as many days, the Cal softball team advanced to its fourth consecutive Women’s College World Series with a 1-0 shutout of Cal State Fullerton in an NCAA Regional final Sunday afternoon.  

Forest, who was voted the regional’s Most Outstanding Player, allowed just three runs in her four starts. Sunday against CSUF (53-13), she tossed a four-hitter and retired the final 12 Titan batters of the game.  

Cal scored the game’s only run in the top of the third inning on a bases-loaded infield single by Veronica Nelson. 

With the win, Cal earned the No. 4 seed in the WCWS and will face No. 5 Oklahoma in the first round Thursday at Don E. Porter Stadium in Oklahoma City.

Today is Monday, May 20, the 140th day of 2002. There are 225 days left in the year. 

Highlight: 

One hundred year ago, on May 20, 1902, the United States ended its three-year military presence in Cuba as the Republic of Cuba was established under its first elected president, Tomas Estrada Palma. 

On this date: 

In 1506, Christopher Columbus died in poverty in Spain. 

In 1861, North Carolina voted to secede from the Union. 

In 1861, the capital of the Confederacy was moved from Montgomery, Ala., to Richmond, Va. 

In 1927, Charles Lindbergh took off from Roosevelt Field in Long Island, N.Y., aboard the Spirit of St. Louis on his historic solo flight to France. 

In 1932, Amelia Earhart took off from Newfoundland for Ireland to become the first woman to fly solo across the Atlantic. 

In 1939, regular transatlantic air service began as a Pan American Airways plane, the Yankee Clipper, took off from Port Washington, N.Y., bound for Europe. 

In 1942, Glenn Miller and His Orchestra recorded ”(I’ve Got a Gal in) Kalamazoo” at Victor Studios in Hollywood. 

In 1961, a white mob attacked a busload of Freedom Riders in Montgomery, Ala., prompting the federal government to send in U.S. marshals to restore order. 

In 1989, comedian Gilda Radner died in Los Angeles at age 42. 

Ten years ago: 

Proclaiming his innocence to the end, Roger Keith Coleman was executed in Virginia’s electric chair for the 1981 rape-murder of his sister-in-law, Wanda McCoy. Thailand’s much-revered monarch (King Bhumibol Adulyadej) called for an end to violent clashes between troops and pro-democracy protesters. 

Five years ago: 

The Senate approved legislation to ban certain late-term abortions, but fell three votes shy of the total needed to override President Clinton’s threatened veto. 

One year ago: 

President Bush, in an address to graduating Notre Dame students, urged a new generation of American voters to “revive the spirit of citizenship” and carry on the work of two Democratic presidents: Lyndon Johnson’s war on poverty and welfare reforms under Bill Clinton. The Italian film “The Son’s Room” won the Palme d’Or at the Cannes Film Festival. 

Today’s Birthdays: 

Actor James McEachin is 72. Actor Anthony Zerbe is 66. Actor David Proval is 60. Singer Joe Cocker is 58. Singer-actress Cher is 56. Actor-comedian Dave Thomas is 53. Musician Warren Cann is 50. Actor Dean Butler is 46. 

To the Editor: 

We are outraged. You think that you have the right to judge and define what is and is not suitable for people to watch, and at what time they should watch it on our own public access TV station, channel 25. You think that you can become Mom and Dad to the people of Berkeley, telling us that the national standard for "adult programming" is not good enough for us, that we need you to help us decide what to watch and when. We do not need you to do this, and you do not have the right! 

What is at stake here is free speech. Alternative viewpoints on television are becoming harder and harder to come by as large corporations control more and more of the media. This is why channel 25 is so important, because its mandate is that it does not censor any program, and any Berkeley resident can bring in something to play and it will be aired. B-TV's own mission statement says, "Our mission is to build an electronic free speech forum in order to encourage democratic involvement and build community." And if a program is voluntarily labeled by its producer as being "adult", it will play after 10 p.m., as per the National Standard. 

Moving the time for "adult programming" to midnight is not just "rescheduling". It is clearly censorship by way of time ghetto-izing. What makes Berkeley so different from the rest of the country, which follows the 10 p.m. - 6 a.m. safe harbor guideline? What you are really saying is that Berkeley residents can not decide for themselves before midnight what they want to watch, or what they feel their kids should be watching... and that you can and will decide this instead. You are imposing your own personal tastes and the personal tastes of the few who have complained to you, on the rest of us. Free speech does not work that way. None of us has the right to not be offended by things. If you do not like a program, are offended by it, just turn it off. If you don't want your kids to see something on TV, that is between you and your kids. No one of us has the right to impose our personal tastes upon the rest of the community. 

This is why we are outraged. This is called censorship, and governmental suppression of free speech. And this is why we will be protesting and fighting this. And thank you Kriss Worthington for voting NO last Tuesday! 

-Alexi Malenky, Corey Nicholl 

Berkeley  

Imposter Viagra? 

NEW YORK — Seven people and five companies have been indicted on charges of making and selling counterfeit versions of the anti-impotence drug Viagra. 

Defendants in China and India made the pills while others in Nevada, Colorado and Hong Kong sold them over the Internet to distributors, Manhattan District Attorney Robert Morgenthau said Friday. 

Undercover investigators bought 25,000 fake pills for about $38,000, Morgenthau said. 

Viagra is made exclusively by Pfizer Corp. and is one of the company’s blockbuster drugs. The blue, diamond-shaped pills cost about $10 each retail. 

Investigators seized tools that shaped and stamped the fake pills to look like the real thing, along with gutted toys, stereo speakers and other items used to smuggle the pills. 

The counterfeit pills have Viagra’s active ingredient, sildenafil citrate, but in inconsistent strengths and have different inert additives, Morgenthau said. 

Among the charges against the defendants are trademark counterfeiting, which is punishable by up to 15 years in prison. 

Three defendants are fugitives, while others have made court appearances or are awaiting extradition. 

Food posion scare  

YONKERS, N.Y. — A food preservative was to blame for the sudden outbreak of illness that triggered a chemical-contamination scare in downtown Yonkers, a health official said. 

“The food that the family digested was heavily contaminated with sodium nitrite,” said Mary Landrigan, spokeswoman for the Westchester County Department of Health. “In that quantity it can be deadly.” 

Six victims were taken to St. Joseph’s Medical Center Thursday night with severe breathing problems, bluish pallors and mental confusion. Because the cause was not immediately known, police, firefighters, hazardous-materials workers and anti-terrorist agents were deployed. 

One victim remained in critical condition Saturday; another was in critical but stable condition, a hospital spokeswoman said. 

Health officials said the victims, identified only as adults of Egyptian heritage, had been at a dinner party featuring a dish that included food from Egypt. 

Officials narrowed their hunt for a cause Saturday to a substance, in a packet labeled in English and Arabic, that the victims said they had sprinkled on their meal. 

“A sample from a packet labeled ’refined iodized table salt’ did not contain table salt — it was 100 percent sodium nitrite,” Landrigan said. 

Officials said they did not suspect foul play, but were still investigating 

Boat goes down  

KEY LARGO, Fla. — A 510-foot Navy ship that was supposed to be scuttled with explosives to create a giant artificial reef unexpectedly sank Friday, sending workers scrambling to get off and spoiling the party for everyone but perhaps the fish. 

The 46-year-old Spiegel Grove started going down as workers made last-minute preparations for blowing holes in the ship and sending it to its underwater grave, where it was envisioned as a divers’ paradise. A tugboat had to carry the workers to safety.

SAN FRANCISCO – Some 75,000 racers slogged through early morning mist and rains Sunday, but the wacky San Francisco spirit synonymous with the Bay to Breakers footrace shone bright in everything from a ‘trailer-trash’ float to a few runners sporting nothing but a smile. 

“It’s so much fun,” said Catherine Wagner, dressed as Wonder Woman for her seventh race. “It’s the quintessential San Francisco moment.” 

The 7.46-mile, 91st annual race was a sea of color as it snaked its way up and down the city’s famous Hayes Street hill. World-class runners meshed with costumed participants in one of the nation’s oldest and largest footraces. 

James Koskei, the defending champion from Kenya, shaved 16 seconds off last year’s time to finish in first place at 34 minutes, 3 seconds, with his competitors, Tom Nayariki (34:05) and Simson Limareng (34:06) coming in right behind him. Kenyans swept the top nine spots in the race. 

“The race was very, very competitive,” Koskei said. “Competitors were stronger than last year.” 

The top woman finisher was Luminita Talpos of Romania at 39:15. She narrowly avoided a collision when the fleet-footed Microsoft-sponsored centipede in front of her stumbled on the final stretch. A centipede is a team of runners tethered together and competing as a unit, often with the unspoken goal of trying to beat the fastest woman. 

But for the majority of runners, many of whom were lugging picnic baskets and beer kegs, it was all about huffing it to the finish line at Golden Gate Park where they would kick back on the grass with friends and family to enjoy food and music. 

“We’re going to have a barbecue at the end,” said Adam Conway of San Diego, holding a plastic battle shield and pushing a Roman chariot equipped with a grill, keg, doughnuts and sausage. 

OAKLAND — Attorneys for FBI agents and Oakland police officers said the officers acted within reason and did not violate the constitutional rights of two Earth First! activists injured when a bomb went off in their car in 1990. 

Closing arguments were given Friday in the officers’ federal civil trial and the case was given to a jury. 

The law enforcement agents are accused of violating the civil rights of Judi Bari and Darryl Cherney, both injured in the 1990 bombing. Bari and Cherney were arrested after the bombing on suspicion of possessing and transporting the bomb, but no one was ever charged. 

Attorneys for the defense said officers conducted a thorough and reasonable investigation. 

“With what they knew at the time, it was reasonable to make the decisions they did,” Oakland attorney Maria Bee, who is representing the three policemen in the case, said in closing arguments. “There was a fair probability to believe they were knowingly transporting the device.” 

Cherney and Bari filed suit, alleging false arrest, illegal search, slanderous statements and conspiracy. Bari has since died of cancer, and her estate has pursued the suit. 

Justice Department attorney Joseph Sher, who was defending the six FBI agents, said the federal agents and local officers were not conspiring, but sharing information. 

“I ask you if you want a world where officers investigating (what is) indisputably a crime conceal evidence from each other,” he said to the jury. 

The plaintiffs had also accused the officers of lying, for instance, in saying in a search warrant that the bomb had been clearly visible to Cherney and Bari in the back of the car. 

But the defense argued that based on the information at the time of the bombing, it was a reasonable conclusion that the bomb was visible. Four bomb technicians who examined the car came to the same conclusion, Sher said. 

“Based on the information that was available ... it’s all consistent with the bomb being where the warrant says it was,” Sher said. 

The plaintiffs had also charged that the FBI and Oakland Police Department regarded Earth First! as a terrorist group, illegally targeted the group to stop its activities and engaged in a smear campaign against the two activists and Earth First! 

Bee said that was untrue. 

“They had never heard of these people or their organization,” she said. “Why would they risk their careers to frame someone?” 

The defense also denied Bari and Cherney’s assertions that they were nonviolent and did not engage in sabotage. Bari and Cherney had renounced tree-spiking, but Sher pointed to a road-spiking kit found in Cherney’s car, and Bee pointed to the song “Spike a Tree for Jesus” that Cherney wrote and sang during testimony. 

Cherney’s attorneys apologized for the song during their closing arguments Thursday. 

But Bee took exception to the claim of peacefulness and the comparison that the activists made to civil rights activists in the 1960s 

“They didn’t sing songs about hurting other human beings,” Bee said of the civil rights activists. “That nonviolence is a charade.” 

RENO, Nev. — Don’t put away the winter jacket just yet. 

The National Weather Service has issued a winter storm watch for all of Monday in the Lake Tahoe area, where snow was expected to force chain restrictions over Sierra passes. 

Through Tuesday, the weather service was calling for 6-12 inches of snow above 7,000 feet and 3-6 inches of snow below that from the late-season storm. 

“It will definitely seem like winter again,” said weather service forecaster Tom Cylke. “It’s not out of the question to see an inch or so of snow in Reno.” 

High winds in advance of the storm caused a blinding dust storm that triggered three separate injury accidents late Sunday afternoon on U.S. 50 about 20 miles east of Carson City, the Nevada Highway Patrol reported. 

The highway was shut down near Stagecoach after the accidents sent four people to a Carson City hospital with minor to moderate injuries, Trooper Pat McGill said. 

On Sunday night, troopers also responded to a nearby crash involving at least nine vehicles on U.S. 95A five miles south of Silver Springs, McGill said. 

SAN FRANCISCO – A Canadian company has called for an investigation into stock option trades in a brokerage account held by a Banc of America Securities analyst. 

The company, Biovail, has questioned analyst Jerry I. Treppel’s objectivity because he owned undisclosed shares in one of Biovail’s competitors, AndrxCQ Group. Banc of America Securities does not require analysts to disclose their holdings in companies that they research. 

The San Francisco Chronicle reported Saturday that Treppel was placed on administrative leave Monday. 

Banc of America spokesman John Roehm, said UBS PaineWebber confirmed that Treppel’s account was managed there and that Treppel had no control or input into trading investment decisions or timing. 

Treppel owned 21,000 shares in Andrx and gave the company a “buy” rating five times last year. He downgraded Biovail to a “sell” rating on April 29. Just before Treppel’s downgrade of Biovail, the company’s earnings report beat Treppel’s estimate and the Wall Street analyst consensus. 

The Chronicle, citing unidentified sources who reviewed records of the account, reported that 35 complicated options trades occurred just before, and sometimes on, the days Treppel gave Andrx positive reports, netting about $100,000. 

“We have been concerned by the contradictory coverage of both Andrx and Biovail,” said Biovail spokesman Michael Sitrick in a prepared statement. “The information made public today is alarming and we believe calls into question the objectivity of all reporting by Mr. Treppel.” 

Biovail called for the investigation Thursday. 

But Banc of America Securities maintains Treppel’s research and downgrade were sound, but placed him on leave because of comments he made to the media about Biovail’s legal strategy.

REDWOOD CITY – Internet software maker BroadVision Inc. is wheezing like another high-tech company down to its last gasp after firing nearly three-fourths of its work force and losing $25 billion of its market value in two years. 

Nevertheless, BroadVision Chairman Pehong Chen insists the Redwood City-based company is just getting its second wind. 

“We want people to take us seriously again. What better vindication could there be than proving the world is wrong about you?” Chen said last week after introducing a new version of software that is supposed to herald the company’s revival. 

BroadVision is among a handful of fallen Internet stars trying to rise again. 

The themes of their comeback attempts are strikingly similar. The top executives humbly acknowledge that they got carried away in the dot-com boom and then explain how they have created leaner, more agile companies that are being overlooked in the pervasive gloom of the bust. 

“It’s like we were beneficiaries in this big wave of hype and now we are suffering in all the confusing counter-hype,” said Chen, whose personal fortune has plunged by $5.3 billion during his company’s descent. Chen, 44, owns nearly 20 percent of BroadVision’s sagging stock. 

Wild mood swings are common in the volatile technology industry, but the shift has been much more dramatic during this cycle because the stakes in the dot-com craze were so large, said Tim Miller, president of Webmergers.com, a consulting service that tracks the Internet economy. 

“It’s been like a pendulum on steroids. It really got out of control in both directions,” Miller said. 

There are signs the shakeout is almost over. Internet merger and acquisitions totaled $2.7 billion in April, the highest total in six months, according to Webmergers’ data. Meanwhile, just 12 Internet companies closed or declared bankruptcy in April, the lowest number since August 2000. 

Analysts still believe much of the pessimism surrounding BroadVision is warranted. 

“They have wasted a lot of resources on a lot of dead ends,” said industry analyst Paul Krieg of Legg Mason. “All hope isn’t lost, but they have their work cut out to prove they will be around for the long run.” 

Founded by Chen in 1993, BroadVision emerged as a hot commodity in the late 1990s with e-commerce software that helped handle online customers. 

BroadVision’s business began to slump badly in late 2000 with the failure of so many online retailers. Analysts say the company also was hurt by problems with its software and increasing competition. 

After turning an $18.8 million profit on revenues of $115.5 million in 1999, BroadVision lost a total of $997.9 million during the last two years. The company lost another $36.1 million in this year’s first quarter when its new software sales totaled just $8.2 million — an 81 percent decline from the same time last year. 

Both BroadVision’s stock and work force have shriveled during the downturn. 

The company’s shares peaked at $93.29 in early 2000. The shares closed at 94 cents May 17 on the Nasdaq Stock Market. To avert a possible delisting from the Nasdaq, BroadVision is seeking shareholder approval for a reverse stock split that would increase its stock price, at least temporarily. 

To stay afloat, BroadVision has pared its payroll from a peak of 2,400 employees to about 700 workers. 

As of March 31, BroadVision still had $174 million in cash, which Chen says will be more than enough to keep the company alive until it meets its goal of breaking even by the end of the year. 

BroadVision is pinning its hopes on a new generation of its software, designed to make it easier for companies to provide online services to customers, employees and suppliers. Chen is so confident about the new software that he expects BroadVision to begin hiring new employees again by early next year. 

Despite his optimism, Chen seems to recognize he needs help. On May 15, he hired an industry veteran, Andrew J. Nash, as BroadVision’s first chief operating officer. Nash’s hiring follows the abrupt departures of two top BroadVision executives, Nancy Mills-Turner and Chris Grejtak, earlier this year. 

Industry analyst Krieg said it is unlikely Chen will ever step down as BroadVision’s chief executive, even if the company’s business continues to deteriorate. 

“This is personal for Pehong,” Krieg said. “He was viewed as a visionary on the way up and now he wants to prove he still knows how to run a viable company.”

SAN FRANCISCO – Security Pacific National Bank and Bank of America trust fund customers could end up receiving $40 million more for overcharges between 1975 and 1994, following a federal appeals court ruling. 

The Ninth U.S. Circuit Court of Appeals ruled Friday that the customers were entitled to the profit the banks got with the excessive fees. 

Customers have already been paid $41.8 million in interest and refunds. The court said the customers should receive a proportionate share of the bank’s profits during the years they were overcharged, and an attorney for the customers estimated that could be about $40 million. 

The suit was originally filed to recover the money the holders of about 2,500 trust funds with Security Pacific National Bank lost in nine fee increases between 1975 and 1990. The increases were not authorized by the court. 

Bank of America acquired Security Pacific in 1992, and did not stop the overcharges until 1994.

SAN FRANCISCO – The San Francisco Police Department is struggling to solve violent crimes and ranks last among the nation’s 20 largest city’s in doing so, according to a study of crime statistics. 

From 1996 and 2000, the SFPD solved just 28 percent of the city’s rapes, murders, shootings and other violent crimes, a San Francisco Chronicle analysis published Sunday revealed. 

That is the lowest crime solution rate for that time period among the nation’s 20 largest cities. 

San Francisco has more resources and less crime than many other large cities, but police have only managed to solve half the city’s murders and less than a third of the rapes. 

Police Lt. Harry Hunter said for many violent crimes reported, an investigation might not get off the ground. 

“Unless we have a named suspect, we’re not going to assign the case,” Hunter said. “The solvability is too low.” 

Police Chief Fred Lau said he was unaware that police inspectors routinely declined to investigate violent crimes. 

“That’s not the proper attitude, that’s not the proper procedure,” Lau told the Chronicle. “If the victim or a witness takes the time to report a crime, and we encourage people to report crimes, then the police department should do everything it can to assist that person.” 

Narcotics detail supervisor Lt. Paul Chignell said stopping crimes before they occur is the department’s primary focus. 

“What we have done in the department over the last two years ... is engage in a broad series of innovative approaches to attacking violent crime. It is not just about clearing cases and assigning cases to an investigator,” Chignell said. 

One of those new approaches is bringing in known gang members in for meetings where they are warned by law enforcement officers to shape up and avoid committing crimes that might land them in prison. 

The Chronicle found that staff cuts, budget constraints and the lack of formal performance standards in the Inspectors Bureau were among the chief reasons for the department’s poor record on crime solving. 

Budget concerns mean inspectors often go without basic tools such as portable radios, cell phones and cars. 

It is hard for the department to determine where the weak links are. Inspectors are not evaluated on performance, but are instead only required to provide a monthly account of their activities, the newspaper’s research found. 

All of these shortcomings have led to a dismal display of crime solving. At no time in the past decade have San Francisco police solved or cleared more than 30 percent of the city’s violent crimes. 

Police Chief Lau said he is trying to coordinate better communications with other city departments to address the problem. 

“We have asked for on-call D.A.’s, we have been asking for on-call judges, we have been asking for night court, we have been asking for weekend court,” Lau said. “We need the whole criminal justice system to work together.” 

Other cities have fared better in solving violent crimes. 

Of California cities with populations of 200,000 or more, Anaheim tops the list with its police department solving 75 percent of violent crimes. San Diego is second best, solving 63 percent of its crimes, while San Jose ranks third with 61 percent of violent crimes cleared.

Construction was slated to start this week, but now officials say it may not start at all 

HAYWARD – Plans to begin construction on a new power plant in Hayward this summer have been changed. 

Instead of construction beginning this summer, the plant now may not be built at all. 

Calpine’s planned 600-megawatt Russell City Energy Center will not be up for approval by the state Energy Commission until August at the earliest. 

The plant was pitched during the state’s energy crisis. But recent upheaval in the power market means the project is on hold. 

“What changed? Where do we start?” said Calpine spokesman Kent Robertson. “The energy crisis has taken an odd turn and turned the power market upside down.” 

Calpine isn’t sure now whether it would be able to get the $300 million dollars in investment backing to cover construction costs. 

If it were built, the new plant would plug into PG&E’s Eastshore substation. Preliminary studies show that the transmission lines may not be able to handle the proposed plant’s production under certain circumstances. 

The Energy Commission and the Independent Service Operator suggest that replacing the lines would be the best way to address the load problems, according to the commission’s report. 

The approval process has also been somewhat hampered by a disagreement over what improvements Calpine would make to surrounding wetlands in the area.

Newfound wealth in Silicon Valley contributing to big increase in car ownership 

ATHERTON – There are more cars than people of driving age in this leafy pocket of Silicon Valley. 

If Los Angeles jump started America’s car culture, wealthy Atherton is one in a cluster of cities between San Francisco and San Jose that has revved the auto obsession into high gear. 

“The problem with having too much money is you can’t spend it quick enough,” says Del Boscacci, who as owner of Highway One Classic Automobiles sells exotic cars to area collectors. “At least in this area, buying toys, it’s too easy.” 

Atherton has 5,500 residents over age 18 — and at least 5,680 cars, according to census numbers. 

The total is probably even higher: just over half the houses have at least three cars. This in a town where the average household registers less than three people but has more than eight rooms. 

Alongside the town of Woodside and Los Altos Hills, Atherton easily tops other would-be California car capitals — including Beverly Hills, Malibu and Carmel. 

Credit the collectors, but also the families with a car for every occasion. 

“They’ll have a family wagon and the personal business sedan,” laughs Boscacci, who himself has six cars. “Then they’ll have a big SUV to go to Tahoe to tow their boat with, and the kids will have a car, and the maid will have a car.” 

The local phonebook lists more antique auto outlets like Boscacci’s than there are dealers of any ilk in entire California counties. 

“The dealers of the exotics are here. We’re not talking Toledo,” says Gil Gilfix, executive director of the Palo Alto Concours d’Elegance at Stanford. 

There’s no logical explanation for the plethora of cars, says Gilfix, who surveyed attendees at his prestigious show and found 60 percent had at least three. 

“Emotion is probably the biggest thing,” says Gilfix, who shares four cars with his wife. “They don’t need five cars.” 

Still, Boscacci says he has clients who keep adding to their collection that already number two dozen classics. Good for them, he says, but it’s a little much if all they do is take up space. 

“If it’s just going to sit in your garage and you’re going to polish it, go buy a Picasso,” says Boscacci. “Put your honey next to you and go for a drive.”

Graduation ceremonies kicked off Friday at UC Berkeley's Greek Theatre with words of wisdom for the Class of 2002 from professors, alumni and an Olympic gold medalist. Thousands of parents, alumni, faculty and friends watched and cheered as a portion of the university's 6,000 graduating seniors donned caps and gowns and participated in the commencement convocation. 

Olympic gold medalist Jonny Moseley was selected by the Class of 2002 to give the keynote address. Though many questioned Moseley's selection, noting past keynote speakers such as Janet Reno and Madeline Albright, Moseley delivered an open and straightforward speech to the delight of many.  

“When I first got the call about speaking at the commencement, I thought 'What, me speak? Is Maya Angelou speaking at the X Games? What's happening here?” said Moseley. 

Moseley, named the U.S. Olympic Committee Sportsman of the Year in 1998, both explained the technicalities of his famed 720 degree ski jump, AKA “the dinner roll,” and followed with a message for the Class of 2002 about determination and achieving personal happiness.  

“The experts will give you your diploma today, but be free in the way you measure your success. Turn your competition inward and you will own your own happiness,” advised Moseley.  

Attendees of the ceremony commented that among the speakers, UC Professor of Anthropology and Folklore, Alan Dundes provided the most entertaining speech though Moseley was not far behind. 

“I think everyone who attended today's ceremony gained a great deal of respect for Moseley. He struck all the right cords. He was entertaining but he also had a message,” said Chris Brown, a graduating senior with a degree in Arabic language and literature. 

UC Berkeley Chancellor Robert Berdahl addressed the graduating seniors, who will have to wait about six months before they can pick up their real diplomas in Sproul Hall, and congratulated the class for its many accomplishments. 

“My hat is off for all the achievements represented in this class. You've got a Cal education, there's no greater achievement than that starting out in life,” said Berdahl. “You're leaving here wiser, poorer, but wonderful people.” 

Berdahl also noted that Moseley was not so different from last year's keynote speaker Janet Reno, as each had previously been selected as hosts for “Saturday Night Live.” 

Dundes entertained attendees with his explanation of our cultures obsession with threes, citing the three social classes, three branches of government, the three divisions of the metamorphic continuum and even the division of the small intestine into the duodenum, the jejunum and the ileum. 

Dundes also urged Cal's graduating class not to forget finding pleasure in the present and to try not to be blinded by the future. He explained that today's society places too great an emphasis on future goals, degrees and advances, preventing one from enjoying the moment. 

Shayna Parekh was named University Medalist at the ceremony and opened her speech by turning to Moseley and claiming “mine is bigger than yours.” 

Parekh, who hopes to pursue a career in social planning in developing countries, dedicated her speech to “the 800,000 human beings who lost their lives one sordid summer in Rwanda; to the 3,000 souls whose heinous deaths on Sept. 11 were penetrating indications of an even more heinous foreign policy.” 

Parekh challenged attendees of the commencement to begin to understand the perspectives and sufferings of others here and around the world. 

According to Meg Masquelier, a graduating senior, the day's ceremony included a strong and well-organized group of speakers. “I liked the variety of speakers. I thought it was neat that they included people from different backgrounds, different interests and world perspectives,” said Masquelier.  

Early in the day many were skeptical concerning Moseley's selection. 

“When I first heard he was giving the speech I was a little disappointed but it hasn't stopped me from coming out today, there's a lot of excitement anyway,” said Ben Garosi, a graduating senior with a degree in economics. “I would have liked to seen someone who graduated from college though.” 

“I heard they chose him because he was uncontroversial. Personally, I don't really care. I just hope he gives a good speech,” said Eugene Juan, a senior graduating with a political science degree.  

After the ceremony, however, many were pleased with Moseley's performance. 

“I thought it was cool that Moseley had a good sense of humor. He was very honest and straightforward,” commented Masquelier. 

Joyce Nussbaum attended the ceremony to watch her daughter, Charlotte, a Molecular Cell Biology major, pass from student to graduate but commented that the ceremony was set up differently than she had expected.  

“Other schools have one day with a huge graduation with all the students,” said Nussbaum.  

Ceremonies at UC Berkeley run for three weeks as each department holds an individual ceremony. 

Most attendees expressed approval with the day's ceremonies though, as Jenny Vega noted, some of the speeches could have been condensed. 

“Everything was great but I think some of speeches needed to be shorter,” said Vega.

In 1896 the first motion picture in the United States was presented to the public in a New York City music hall, and for the next decade most films were shown as fillers in travelling vaudeville shows. The films were short and the subjects — such as dancing girls and moving trains — were limited. Partially because of lawsuits over patent infringements, the U.S. film industry lagged behind France and England until there was a patent settlement in 1908. 

In 1905 the first theater devoted exclusively to movie pictures opened in Philadelphia. It was called a "nickelodeon" because the entrance fee was a nickel. Theaters devoted exclusively to films were a sign of the industry’s growth, and by 1908 there were thousands of nickelodeons across the country. 

Early movie theaters were commonly located in converted storefronts; Berkeley had approximately 12 of these theaters in the period between 1908-1911. As movies improved and the industry grew, the motion picture theater as a specific building type developed. 

Between 1911 to 1917 theaters became larger, more elaborate and were built of fireproof materials such as brick and concrete. Eight movie theaters were constructed in Berkeley during this period and three are still standing: the Elmwood (1914), the California (1914) and the UC Theater (1917). (In 1995 Berkeley’s then oldest surviving theater, the Berkeley Theater (1911), was demolished.) 

The UC Theater is the only one, of the three oldest surviving theaters in Berkeley, which has not undergone extensive remodeling and conversion into a multiplex. Although its original brick facade has been covered with stucco and painted, it retains its original decorative elements. On the interior, although redecorated from time to time, the configuration of the entrance foyer, inner foyer and open auditorium is unchanged. The large auditorium once had seating for 2,200. 

The UC Theater was designed by James W. Plachek, who was also the architect for the original section of Berkeley’s Main Library (1930) and the Martin Luther King Jr. Civic Center Building (1938). John English, historian and author of the landmark application for the UC theater, noted that the design of the UC Theater building is unusual. It is a U-shaped, mixed-use building consisting of the theater auditorium in the rear wing, with the theater entrance and storefronts, with offices on the second story, in the front wing facing the street. In this way the large auditorium space is discretely tucked into the middle of the block. The theater was recently designated a Berkeley landmark. 

Although the theater closed in 2001, it will be open for the next several months as a temporary home to the Shotgun Players. 

Susan Cerny is author of Berkeley Landmarks and writes this in conjunction with the Berkeley Architectural Heritage Association.

Saturday, May 18

The Edible Schoolyard Plant Sale 

10 a.m. to 2 p.m. 

Buy flowers, fruits and vegetables from the Edible Schoolyard kitchen and garden 

Bring a container for free municipal compost 

Martin Luther King, Jr. Middle School 

1781 Rose St. at Grant St. 

Berkeley 

Strawberry Tasting & World Harmony Chorus 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Writer as Publisher: Independent Publishing Seminar 

Learn how at this all day seminar. 

9 a.m. - 4:30 p.m. 

Asian Cultural Center 

Pacific Renaissance Plaza 

388 Ninth Street 

Oakland 

510-839-1248 or www.writeraspublisher.com 

League of Woman Voters 

Call to annual meeting 

10:30 a.m. to 2 p.m. 

Northbrae Community Church 

941 The Alameda 

Please call to reserve a lunch ($11) and/or request a ride. 

843-8824 

3rd Annual Satsuki Arts Festival and Bazaar 

The Berkeley Buddhist Temple 

Featuring Bay Area and National Taiko drumming ensembles and Kenny Endo from Hawaii 

Monday, May 20

Build Your Dream-House for a Song 

author David Cook. 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Berkeley Gray Panthers 

Home owners meeting. Chuck Durrett of Co-Housing tells about his program. All welcome. 

3 p.m. 

Berkeley Gray Panthers office 

1403 Addison St. (behind Andronico's on University) 

548-9696 

Tuesday, May 21

Fibromyalgia Support Group 

Herbal Alternatives and Drug Interactions for Fibromyalgia 

Noon to 2 p.m. 

Alta Bates Medical Center, Maffly Auditorium - Herrick Campus 

2001 Dwight Way 

644-3273 

Free 

The Art of Practice with Tom Heimberg 

Violinist with the SF Opera, Tom offers an overview that applies to all instruments. 

Musicians Union Local 6 

116 Ninth St. at Mission 

San Francisco 

415-575-0777 

$10 and free to local 6 members 

Strawberry Tasting 

Tasting & cooking demonstrations 

Berkeley Farmers' Market 

10 a.m. to 3 p.m. 

Derby Street at Martin Luther King, Jr. Way  

Free 

Arthritis Month Special 

Herbal alternatives & drug interactions for Fibromyalgia. Dr. Anita Marshall, Pharm.D., l.Ac 

12 to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

Wednesday, May 22

Healthful Building materials 

Seminar by Darrel DeBoer 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Thursday, May 23

Secrets of Search Engine Marketing 

A workshop held by The Sustainable Business Alliance 

8:30 to 11:30 a.m. 

Holiday Inn Express 

1175 University Avenue 

451-4001 

Senior Men's Afternoon 

Gay senior men discussion group, 2nd & 4th Thursdays. 

Pacific Center 

2712 Telegraph Ave. 

510-548-8283  

Free 

Fishbowl: "Everything you always wanted to know about the opposite sex but were afraid to ask" An opportunity to ask anonymous questions in a confidential and supportive environment. 

7:30 to 9:30 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut St., Berkeley 

510-848-0237 X 127 

$8-$10 

Attic Conversions 

Seminar by architect Andus Brandt 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Friday, May 24 & 25

Cherokee Artist: John Balloue 

paintings depict scenes from historic & contemporary Cherokee history, as well as pow-wow and spiritual images. 

Gathering Tribes 

1573 Solano Ave. 

528-9038 or www.gatheringtribes.com 

Saturday, May 25

Word Beat Reading Series 

All kinds of entertainers come together. Featuring Kera Abraham and Ruth Levitan 

7-9 p.m. 

458 Perkins at Grand, Oakland 

Free 

Alice Waters "Chez Panisse Fruit" book signing 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Children's Movies 

Pinnochio (in English) 

Shows at noon & 2 p.m. 

The Actor's Studio 

3521 Maybelle Ave. 

Oakland 

510-530-0551 

$3 

6th Annual Sidewalk Chalk Art Festival 

Everyone's welcome to participate in covering Solono's sidewalks with chalk art. Featuring refreshments and entertainment. Artist's chalk and a Polaroid of the finished work are available for a fee. To encourage early registration, a raffle for merchandise by local business will be held for the artists at noon.  

Registration at Peralta Park, 9 a.m. - 5 p.m., 1561 Solano Ave. Berkeley. 

For more information: 510-527-5358, www.solanoave.org. 

Free 

Cain & Abel- 1st Annual Stop the Violence Gospel Festival 

In Memory of Children Killed by Senseless Violence 

St. Andrews Baptist Church Gospel Choir, Family in Unity Gospel Choir, Our lady of Lourdes’ Men Gospel Choir, Lorrain Taylor, Michael Nelson, Praise Dancers, Testimonials, Display of Homicide Quilt, presentation by Students of Malcolm X Academy, Sermon by Rev. Ishmael Burch Jr., LeDoursey’s “Gone But Not Forgotten” Sky, Ronald DeVoyce Blackburn’s From-the-Cradle-to-the- Grave memorial candles, The Homicide Names Banner and Holman “Bob” Turner’s photographs of parents at the graveside or location where their child was killed. 

Noon- 6 p.m. 

St. Andrews Baptist Church 

2565 Post Street (at Lyon) 

San Francisco 

415- 292-5157 or 415-346-6500 

Free- contributions and donations appreciated 

LOS ANGELES — Mexican singer Paulina Rubio has topped People en Espanol’s list of the ”25 Most Beautiful” Latin entertainers. 

The Spanish-language offshoot of People magazine announced Tuesday that next week’s cover will feature the singer, whose album “Paulina” was a top-seller on last year’s Latin music charts. 

“Paulina is not only beautiful and sexy but she has that star-quality that will certainly put her on the map.... She is destined to be the next breakout performer,” said Angelo Figureoa, managing editor of People en Espanol. 

The 30-year-old pop star and former Mexican television actress is set to release her first English-language album, “Border Girl,” in June. 

Others named to the fifth annual list include Grammy-winning Spanish singer Enrique Iglesias, “NYPD Blue” actor Esai Morales, “Rush Hour 2” co-star Roselyn Sanchez, “The Other Half” co-host Mario Lopez and “The Sopranos” co-star Jamie Lynn Sigler. 

The magazine’s ”25 Most Beautiful” cover featured Colombian pop star Shakira last year. 

"What Cats Know" by Lisa Dilman 

Directed by Rebecca J. Ennals. Four thirty-somethings play a game of gotcha with unexpected consequences.  

Through June 8. 

Thursdays- Saturdays 8 p.m. $20, 

Sundays 7 p.m.- Pay what you can 

Transparent Theater 

1901 Ashby Avenue 

510-883-0305 

www.transparenttheater.org 

Impact Theatre's Love Is The Law 

La Val's Subterranean Theatre 

World-premiere of Impact Theatre's new romantic comedy play featuring David Ballog. 

Through June 9. 

For more information and reservations: 510-464-4468, www.tickets@impacttheatre.com 

$12 general, $7 students  

“Time Out for Ginger” May 10 through Jun. 1: The Actor’s Studio presents the famous comedy that sketches the tumult in a family that includes three teenage daughters, one of whom insists on trying out for her high school football team. $12. Check theater from dates and times. The Actor’s Studio’s Little Theatre, 3521 Maybelle Ave., Oakland 

“Homebody/Kabul” Apr. 24 - June 23: Berkeley Repertory Theatre presents Tony Kushner’s play about a women who disappears in Afghanistan and the husband and daughter’s attempts to find her. $38-$54. Call ahead for times, 647-2949, www.berkeleyrep.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. 

Berkeley Opera Presents 

Vivian Fine’s “The Woman in the Garden” 

One of America’s most highly regarded composers, Vivian Fine, has crafted a libretto from the writing of four women artists; Emily Dickinson, Isadora Duncan, Gertrude Stein and Virginia Woolf. Solos, duets, trios, and quartets express these innovative, non-conforming rebels, individual musings and struggles, revealing both social isolation and spiritual community of their artistic lives. Singers are supported by a nine-piece chamber ensemble 

May 23 - May 25, 8 p.m. 

Hillside Club 

2286 Cedar (at Arch St.) 

$30 General, $25 Senior, $15 Youth and Handicapped, $10 Student Rush 

Charge by phone: 925-798-1300 

Information: 510-841-1903, www.berkeleyopera.com 

Saturday, May 18 

The Oakland East Bay Gay Men's Chorus third annual spring concert, "Turn the World Around" Celebration of spring and welcome to summer with love songs and traditional favorites. 

May 18, 8 p.m., Lake Merritt United Methodist Church, 1330 Lakeshore Ave., Oakland and 

May 19, 7 p.m., Crowden School, 1475 Rose St.  

Suggested donation is $15 at the door; $12 in advance. (510) 239-2239, ext. 2576, www.oebgmc.org.  

Music Fair & Special Family Concert 

A delightful day of free performances, demonstrations, contests and entertainment! Oakland Youth Chorus, Purple bamboo Orchestra, Skyline High School Jazz Combo, Tim Cain, Instrument Petting Zoo & More. Explore musical Instruments, music schools & camps, Local Choirs & orchestras and other music resources. 

Family Concert 2 p.m.  

Calvin Simmons Theatre 

Music Fair Noon-5 p.m. 

Henry J Kaiser Convention Center Arena 

Oakland  

510-444-0801, www.oebs.org 

Concert $7 adults, $5 under 18, music fair- Free 

Margie Adam 

Singer, composer, pianist, activist 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$17.50 advance, $18.50 at the door 

Sunday, May 19 

Jazz On 4th 

6th Annual jazz on Forth, a benefit for Berkeley High School Performing Arts. Balloons, Raffle, Face Painting. Free Live Performances by The Berkeley High Jazz Ensemble & Combo, Big Belly Blues Band, Jenna Mammina Quartet, Jesus Diaz with Sabor A Cuba. 

12:30 to 4:30 p.m. 

Forth Street Between Hearst and Virginia 

For more information 510-526-6294 

Free 

Flamenco Fiesta 

David Serva, Miguel Funi, Clara Mora, Jose Torres de Moron 

5 to 5:45 Spanish wines & snacks from The Spanish Table, Supper served at 7:30.  

Montero's 

1401 University Ave. 

Reservations 526-3467 

$35 

Hurricane Sam with Matt Eakle 

Blues, jazz, boogie-woogie piano 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door 

Monday, May 20 

Live Music- Renegade Sidemen, with Calvin Keyes, Dave Rokeach & friends 

8 p.m., 2nd show 10 p.m. 

Anna’s Bistro 

1901 University Ave. 

Berkeley 

510-849-ANNA 

Tuesday, May 21 

Open Mic 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

Wednesday, May 22 

Yonder Mountain String Band  

Hard Chargin' bluegrass 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$19.50 advance, $20.50 at the door 

Thursday, May 23 

John Reischman & the Jaybirds 

Mandolin virtuoso & red-hot bluegrass ensemble 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door 

Variety Preview Room Art Opening 

Wine & cheese reception showcasing WPA (Works Progress Administration) muralist James Daugherty. Hosted by Variety, a children’s charity started in the depression when a baby was left in a Vaudeville Theatre with a note pinned to her, pleading for help. In this time of economic uncertainty and patriotism please join for viewing this special collection of WPA murals. 

Wednesday, May 22, 5 to 7 p.m. 

Variety Preview Room 

582 Market St. at Montgomery, San Francisco  

415-781-3894 

“The Art History Museum of Berkeley” 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., 841-4210, www.atelier9.com. 

“Masterworks of Chinese Painting” Through May 26: An exhibition of distinguished works representing virtually every period and phase of Chinese painting over the last 900 years, including figure paintings and a selection of botanical and animal subjects. Prices vary. Wed. - Sun. 11 a.m. - 7 p.m. The University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-4889, www.bampfa.berkeley.edu 

“Marion Brenner: The Subtle Life of Plants and People” Through May 26: An exhibition of approximately 60 long-exposure black and white photographs of plants and people. $3 - $6. Wed. - Sun. 11 a.m. - 7 p.m. The University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-0808, www.bampfa.berkeley.edu 

“The Image of Evil in Art” Through May 31: An exhibit exploring the varying depictions of the devil in art. Call ahead for hours. The Flora Lamson Hewlett Library, 2400 Ridge Rd., 649-2541. 

“The Pottery of Ocumichu” Through May 31: A case exhibit of the imaginative Mexican pottery made in the village of Ocumichu, Michoacan. Known particularly for its playful devil figures, Ocumichu pottery also presents fanciful everyday scenes as well as religious topics. Call ahead for hours. The Flora Lamson Hewlett Library, 2400 Ridge Rd., 649-2540 

“East Bay Open Studios” Apr. 24 through Jun. 9: An exhibition of local artists’ work in connection with East Bay Open Studios. Wed. - Sun. 11 a.m. - 5 p.m. Pro Arts, 461 Ninth St., Oakland, 763-9425, www.proartsgallery 

Complicated tie-breakers keep Berkeley in suspense as NCS playoffs loom 

The Berkeley High baseball team won its last game of the regular season on Friday, avenging an earlier loss to De Anza with an 11-0 demolishing of the Dons on their home turf in Richmond. But the win left the ’Jackets deadlocked with El Cerrito at the top of the ACCAL standings, and it’s yet to be determined which team wins the league championship through a complicated set of tie-breakers. 

Berkeley head coach Tim Moellering pored over the ACCAL rules on Thursday night and thought he figured that Berkeley had tie-breakers over both El Cerrito and Encinal, which were tied with Berkeley to start Friday’s games. El Cerrito beat the Jets, 5-4, to tie Berkeley at 11-3 in league play and 18-6 overall. 

“I went over the rules very carefully, and unless I’ve got a game result wrong I’m sure we’re the champions,” said Moellering, who pointed to his team’s sweep of fourth-place Pinole Valley as the determining factor. Berkeley and El Cerrito split with each other in league play, although the ’Jackets did beat the Gauchos in the San Marin Easter Tournament, a result Moellering said wouldn’t play into the tie-breakers. They both also split with Encinal, which ended the league season at 10-4. 

Moellering said the ACCAL office would have to decide the league champion before Sunday’s NCS seeding meeting. 

Declaring a titlist is pretty much a matter of semantics, as Berkeley and El Cerrito are likely to make the playoffs even without an automatic bid. But being named champs would give Berkeley a big leg up in the North Coast Section playoffs, as league champions get preference for a home game in the first round. If the ’Jackets do get a home game, it would likely be held at Cal’s Evans Diamond. 

“That’s very important. Just having the last at-bats is important in the playoffs,” said Moellering who expects a No. 6 seed in the NCS. 

No matter who is named league champion, Friday’s game was undeniably important for the ’Jackets. Other than the standings, there was a little matter of revenge for a shocking 4-1 defeat the Dons (14-9, 7-7) had dealt them in April. But they caught a break when De Anza’s John Schlager, who had shut them down in the first meeting, was ruled out because of tendinitis in his pitching arm. That left the mound work in the hands of Clint Tanaka, usually a reliever. 

Tanaka started the game inauspiciously, walking leadoff hitter Lee Franklin. The Berkeley second baseman stole second and took third on an error, but it looked as if Tanaka might escape the jam when he struck out DeAndre Miller and got Clinton Calhoun to pop out on the infield. But Matt Toma took care of Franklin and more, launching a two-run bomb onto the hill in leftfield, his first home run of the season. 

“We really didn’t want to come out here and lose to these guys again,” Toma said. “It never hurts to jump out on top early.” 

Berkeley would get four more runs off of Tanaka in the third inning, stringing together five singles. Franklin again got things started with a one-out single, then Miller did the same, and a double steal put them on second and third. Calhoun then dealt the big blow, although he did so by bunting the ball just 15 feet. Tanaka fielded the ball and thought about trying to get Franklin at the plate, then thought better of it and threw weakly to first, too late to get Calhoun. Miller never hestitated rounding third, however, and scored without a throw. 

“That squeeze broke (De Anza’s) backs,” Moellering said. “They just fell apart after that.” 

No kidding. After fielding immaculately in their win over the ’Jackets and just one error to that point in the game, the Dons made seven errors in the next three innings, handing Berkeley six unearned runs and making themselves the victims of the dreaded 10-run rule. 

Meanwhile, Moellering was rolling out his seemingly endless line of left-handed pitchers to shut down the De Anza offense. Senior Cole Stipovich started the game and worked out of jams in the second and third innings without surrendering a run, but Moellering decided to take advantage of the huge lead to get his seldom-used bullpen some work. He lifted Stipovich with two outs in the fourth in favor of fireballer Ethan Friedman, who wrapped three strikeouts around a single, then brought in Andre Sternberg for the final out, another strikeout. 

“The problem is that we have a lot of good pitchers, and they haven’t all gotten enough work with Sean (Souders) and Cole hogging all the innings,” Moellering said. 

For his part, Stipovich wasn’t happy about leaving what could be his last high-school start with a shutout intact, he understood why Moellering made the decision. 

“I know we have a great pitching staff from top to bottom, and we need to work everybody because we might need them,” Stipovich said. “You never know what will happen when you get into the playoffs.”

Berkeley is oft maligned by much of the nation for being divisive and living in a sort of time warp, but no more. A new monument is being developed in Cesar Chavez Park that will provide Berkeleyans not only with a sense of time but also of universal direction -- a solar calendar. 

The interim stage of the Cesar Chavez Memorial Solar Calendar is being finished up this week, as members of the East Bay Conservation Corps cleared a circular hilltop area and laid out stones to mark the seasonal position of the sun. The memorial not only honors Chavez, but is also intended as an educational and meditation center for Berkeley students and citizens. 

“We’re building Berkeley’s version of Stonehedge,” said Santiago Casal, the Chavez Memorial Calendar Project director. “It is an appropriate way to honor Chavez, not only because of his obvious ties with agriculture, but also because of his universal and meditative nature.”  

Chavez, a non-violent activist who spent his early life as a migrant laborer, found and led the only successful farm laborer’s union in U.S. history--the United Farm Workers of America. Casal says that agriculture is so intrinsically tied to the seasons, that a solar calendar was a fitting tribute to him. 

Visitors to the monument will be able to read and experience the progress of the seasons by standing in the center and tracking the sun, either at twilight or by reading the sun’s shadow via a center pole. “This gives people a universal perspective, which fits Berkeley. It also honors Chavez. He used to walk among the hills outside Yuma and consult with nature--he was a very meditative man.” 

The calendar is more than a memorial, it is also meant to serve as a field classroom and place of moral direction. “The whole focus is to engage students through service to honor Chavez,” Casal said. “Chavez was a man who dedicated his life to service, and this makes him an important role model to students.”  

The calendar’s cardinal points will each represent a virtue exemplified by Chavez. Though final decisions have not been made, they will likely represent courage, determination, hope, and tolerance. 

Field classes will be organized for students to come out and learn not only about Chavez, Latino heritage and attributed principles -- but also get the chance to learn about astronomy in an interactive way as they learn the workings of the calendar. The calendar consists of both outer and inner perimeters. The outer ring contains eight stones: two indicate true north and south, while the eastern and western horizon contain three apiece. The east/west horizon stones serve as a framework to read the seasons--the sun will rise and fall along the southernmost stones during winter solstice, and the northernmost at summer solstice. The middle of the three stones indicates the spring and fall equinoxes. 

The interim calendar, which is being finished this week, is a temporary structure. The final version of the Cesar Chavez Memorial Solar Calendar will work in the same way, only the stones will be replaced by earthen berms, with slotted alignments for the seasons. Both the berms, indicator stones, and the gnomic center will incorporate artwork of cultural and astronomical significance, according to Casal. He also says the final version is a few years away, depending on when an estimated $500,000 - $750,000 in funds is raised. 

In the meantime, people will be able to enjoy the primitive version of the calendar, thanks to the efforts of the Chavez Circle of Service -- the group responsible for making the project happen -- and the labor of the EBCC. 

Even the choice of the EBCC to work on the project reflects the “honor through service” that Casal speaks of. EBCC workers are young adults seeking to gain a high school diploma or equivalency while gaining work experience through paid service to the community. “The EBCC is a charter school education and training program,” said supervisor Bill Ritchie. “The program is a nice alternative for kids to work outdoors while getting their diplomas, and contributing to this memorial is especially significant.” 

A special commemoration ceremony for the interim calendar will be held on the summer solstice, June 21st, at sunset. It is located at the northwestern corner of Cesar Chavez Park in the Berkeley Marina. Everybody is welcome. 

Contact reporter Jamie Luck at jamie@berkeleydailyplanet.com  

To the Editor: 

In her letter about boycotting Saudi Arabia (May 10), Rachel Schorr speaks for some in the Jewish community who console themselves by stigmatizing as “anti-Semitic” any criticism by the press of the Israeli Government. Ironically, her revelations that a Saudi Arabian prince owns stock in AOL-Time Warner and that the BBC’s main reporter (whoever that might be) on the Middle East is married to a Palestinian is reminiscent of claims by anti-Semites that the world press, American politics and the global economy are manipulated by Jews. 

If Israel is (in Ms. Schorr’s words) portrayed in “a negative light,” it is because the Israeli government has wantonly killed innocent children, women and men and destroyed the homes, orchards, and meager infrastructure of the Palestinian homeland Israel illegally occupies. If anything, the American press has failed to fully report on the crimes of the Sharon regime. 

To its great credit, some elements of the Israeli press do provide both objective reporting and reasoned analysis of Israel’s folly. “Ha’aretz,” an Israeli newspaper that is published in print and online in Hebrew and English, is a reliable source of information and analysis that has been unsparing in its criticism of the government. 

Perhaps since “Ha’aretz” is not owned by a Saudi prince Ms. Schorr will entertain the notion that it is not anti-Semitic to expose and denounce Israel’s crimes; indeed, many Jews understand that it is their moral and religious responsibility to do so. 

- Joseph Stein 

Berkeley

What happens when catty people collide? 

Transparent Theater’s “What Cats Know” is an intricate portrayal of four Chicago friends who like to destroy one anothers’ lives for fun. It has echoes of Edward Albee’s “Who’s Afraid of Virginia Woolf” stamped into it indelibly.  

Playwright Lisa Dillman has crafted four characters – Gregory, Cass, Therese and Kent – who all seem unable and unwilling to truly present themselves to one another. Therese is an alcoholic who’s old friends with Cass who lives with Kent. Therese is also in love with Cass and Cass doesn’t seem to mind. Therese, however, can’t act upon her feelings, and so continually badgers Cass to sleep with Therese’s best friend Gregory, a self-obsessed and randomly cruel artist – the most predatory and cat-like of them all. 

Got all that? It seems like a lot to say all at once, but during the show relationships and patterns emerge at a natural, graceful pace. Ms. Dillman has packed her scenes with multiple layers of meaning, agendas and emotional risk. Her characters reveal themselves bit by bit and tend to misrepresent themselves as often as not in order to manipulate their friends. 

In fact, Ms. Dillman has given her characters so many varying paths that it’s difficult to say why they even stay together. In Albee’s play two of his characters only have to bear that perverse cruelty for a night – these characters have been cruel to each other for years and continue that cruelty over the months of the play. The final dissolution of the group into private pairs feels both long overdue and still not damaging enough. How they even manage to maintain the private pairings after the emotional wreckage around them has grown so vast is never thoroughly conveyed. Ms. Dillman is a very talented playwright who never stoops to the sitcom trick of explaining every emotional nuance, but the emotional ties between characters and why they hold up is as murky at the end of the play as it was at the beginning.  

Rebecca Ennals directs this fugue of relationship pain with the precision of a surgeon. Each scene is as self-contained and played as close to the vest as a hand of high-stakes poker. There are some awkward moments when power plays that are meant to be subtle appear brazen and adolescent. Luckily, these moments are few and are offset by tiny gems of honesty throughout the show. One moment with pool balls is a delight – and the closest thing to real caring in this show. 

Katharine Dunlop is admirable as the stalwart Cass a woman who seems completely reactive to her friends’ machinations until she pursues Gregory. Steve Gallion as Cass’s lover Kent slowly unfurls throughout the show in a fine performance. Lissa Colleen Ferreira is pitch perfect as the erratic and wounded Therese. One of the perks of co-founding your own theater company is the ability to cast yourself in good roles. On the other hand, when it works, it works. Tom Clyde, co-founder of Transparent Theater, plays such an emotionally villainous Gregory that I wouldn’t be surprised if his friends look at him askance after this role.  

All the actors seem at perfectly at home on Russ Milligan’s realistic set. Lorin King’s sound design echoes nicely with these emotionally bankrupt characters.  

While this play doesn’t have the emotional charge or explosions of Albee’s work, its taut script and excellent cast lets it sink its claws in you – deep.

FRESNO – The fifth-ranked Golden Bears (50-19 overall) won their 50th game of the season, only the third team to do so in Cal history, on junior Courtney Scott’s double to center in the bottom of the sixth inning to defeat No. 2 seed Stanford, 1-0, in the second round of the NCAA West Regional at Bulldog Diamond.  

In another classic pitching dual between two Pac-10 teams, senior Jocelyn Forest edged Stanford’s Tori Nyberg in the circle, striking out seven batters and walking none while shutting down the Cardinal for just four hits in seven games.  

“I think it was a great pitcher’s duel,” said Cal coach Diane Ninemire. “I thought we were struggling a little bit at the plate today. Courtney is the person you want up at the plate and she came through when we needed her.”  

“Jocelyn was really in command of her pitches today,” said Ninemire. “She and Courtney really mixed up the pitches.”  

Early on in the contest, Cal’s biggest threat came when the Bears’ Veronica Nelson was hit by a pitch with no outs in the bottom of the second inning. But after a Scott sacrifice bunt that moved pinch runner junior Roni Rodrigues to second, freshman Jessica Pamanian popped up to second and freshman Chelsea Spencer grounded to the pitcher to end the inning.  

Stanford (44-19) also threatened, getting a runner on base as a result of a hit batter. After a fielder’s choice by the Cardinal’s leading hitter Sarah Beeson, Kira Ching singled up the middle giving Stanford runners on second and first. Cassi Brangham, however, popped out to second base to end the inning.  

Nyberg had a one-hitter going into the 6th inning, but senior Candace Harper changed all that as she legged out an infield single with two outs. Nelson drew her 95th walk of the year, bringing up Scott. The Clovis native, playing in front of hometown fans, belted a double over the head of the center fielder to score Harper for the game-winner.  

“I knew Courtney would step up to the challenge and she did,” said Ninemire.  

Nelson broke the NCAA single season walk record, a mark she has re-recorded each of the last two years, with her first walk of the game in the fourth inning.  

The win over the cross-bay rival was sweet revenge for the Bears, as the Cardinal ousted Cal, 1-0, from last season’s College World Series.  

“Its pretty much an on-going battle (with Stanford),” said Forest. “You just keep it as is and adjust when they make changes. Today, Courtney and I changed it up a little bit and it worked.”  

The Bears are set to play the winner of the Fresno State and Cal State Fullerton contest today at 2:30 p.m. at Bulldog Stadium.

Five Berkeley High School students were among 140 East Bay girls at a young women’s health conference convened Friday afternoon by State Assemblywoman Dion Aroner, D-Berkeley, at Mills College in Oakland. 

“It’s about giving young women a place to come together and learn from each other,” said Rose Thomas, a BHS sophomore who worked with Aroner’s office to plan the event. 

The attendees, drawn from middle schools and high schools in Berkeley, Oakland, Richmond, Albany and Emeryville, heard from several local speakers, watched a performance by hip-hop artist Mystic and attended workshops on body image, addiction and leadership, among other topics. 

Aroner said she staged the event to give young women a safe space to talk about their bodies and an opportunity to speak up about the issues that affect their day-to-day lives. 

“We cannot talk about young people without having them in the room,” she said. 

Aroner said she picked up on at least one pressing issue in the course of the day’s discussions: young people need easier access to mentors. 

Participants said they appreciated hearing from speakers who had personal experience with issues like addiction or teen pregnancy. 

“It’s not easy being a mother at a young age,” said De’onna Barconey, an Oakland middle school student, describing the lesson she learned from a workshop entitled “Young Women, Young Mothers.” 

Thomas, who observed an addiction workshop, said recovering addicts had a strong impact on the students who attended the session. 

Alameda County Juvenile Court Commissioner Trina Stanley, D-Oakland, spoke to the young women about her own experiences as a child, living with various family members and spending time in a foster home. She told the girls to remain resilient – as teenagers and adults. 

“Maybe you don’t have the perfect hair and the perfect outfit – those are short-term experiences,” she said. “But they can prepare you for the long term, for other isolating experiences.” 

Stanley, in a message echoed by other speakers, told the girls to remain true to themselves and their own values. That message appeared to stick. 

“It’s up to us to make our own decisions,” said Oralia Toris, a student at Oakland High School, describing the theme of the day.

To the Editor: 

In her letter about urban development (May 8), Kirstin Miller shows she does not know what she is talking about because, clearly, she has not taken the time to read the Berkeley height initiative. 

Contrary to her flat assertions, the initiative most certainly does allow for high-rises in the downtown core district. In fact, the Eco-City Builders to which she belongs is in the business of promoting high-rise buildings and would rather not have people expressing any concern over the growing congestion that has been impacting the whole community. 

Petition gatherers out on the streets last week found that a growing number of Berkeley voters are becoming very concerned about congestion deteriorating the quality of life in the city. This is especially true in areas where 50-foot, five-story projects are in the process of gaining approval. It is important to note that these changes are being done with the conspicuous support of city planning staff. 

As an example of such actions against the interests of the community, no sooner had the new city planning director arrived on the job several months ago, than she was invited to speak at an Eco-City forum. The event was sponsored by Richard Register, head of Eco-City Builders, and held at Patrick Kennedy’s oversized Gaia building. Not only did she speak, but she gave advice to the attendees on how to gain approval for their Eco-City amendments for increasing high-rise projects. This was done while the City Council was having public hearings revising the city’s General Plan at that time, raising a question of her propriety, if not ethics. However, to their credit, the Council rejected such a drastic change. They appear to have recognized the poor judgment of such plans given the seismic potential of the Hayward Fault as well as the city’s antiquated sewer system, already in a state of millions of dollars in disrepair. 

“Smart” growth is really old style REDEVELOPMENT with a new label. It can more accurately be described as putting massive, high-density projects in low-income neighborhoods on the flatlands of Berkeley. Toward that end, the Association of Bay Area Governments (ABAG) has published a map designating these neighborhoods as “impoverished”, claming that redevelopment will help revitalize them. What it may do, in fact, is revitalize the investment opportunities for developers. 

The height initiative will be an election issue this November that will help people formulate informed opinions about height and density issues. It will give citizens an opportunity to size up their candidates on the issues of preserving neighborhoods and sensible community development. For people in the flatlands as well as the hills, the “smarter” way to go is to downsize over-scale developments with the height initiative. 

- Martha Nicoloff 

Berkeley

Some news stories that may seem too small to thrive, actually grow to haunt a culture. In this country the Jon Benet Ramsey murder lives on in seemingly endless permutations, while the shame and scandal of Stephen Lawrence’s death plagues England nearly a decade after the bloody act. 

And who was Stephen Lawrence? A black teen living in Eltham, South London, he was struck down by a gang of white youths in 1993 while he was innocently waiting for a bus. Were his stabbing, and the botched police probe that followed it, racist? Is merry England the home of a decidedly un-merry hate? 

The Crown Prosecution Service dropped the case within months, but the boy’s determined parents refused to be silenced. Why had the police treated them so contemptibly? Had authorities willfully sabotaged the investigation? “The police just didn’t want to dirty their hands with a black man’s death,” the bereaved mother insisted, and though the Crown persisted in claiming insufficient evidence, widespread outrage grew. 

After five years a public inquiry was held. 

That inquiry is now a play. Richard Norton-Taylor, of London’s “Guardian” newspaper, condensed thousands of pages of testimony into “The Colour of Justice.” His rousing docu-drama won awards in England. Now East Bay audiences can experience it in TheaterFIRST’s ambitious staging. 

And what ambition! In these tough times TheaterFIRST has found the resources to assemble 30 actors, representing six continents, to flesh out the tale. Further, as a commitment to what the Lawrence story represents, it’s redistributed the roles to give women half. 

The production starts out with a bang: the chase and murder reenacted in a starling explosion of violence. We in the audience are then led into an improvised courtroom, where we sit in judgment. The staging of the inquiry is imaginative and vivid. Played out on a bare wooden floor with minimal props – chairs, tables, a hospital gurney, golf clubs, flashlights – it has all the aspects of courtroom drama, with the added punch of dramatic collage. 

At one point the dead boy’s father rises before us to murmur about his son: “He hoped to be an architect.” His mother shows up, too: “I want Stephen to be remembered as a young man with a future.” We witness years of police obfuscation, and we see the devastating moment of Stephen’s death on a London pavement at night, when a white Samaritan holds his head in her lap, whispering, “You are loved.” 

“The Colour of Justice” is charged political theater. Like “The Laramie Project,” it tells a true story in ritualistic style, rearranging, heightening, leaving us to sort out truth and blame. It lasts a little long – it can be repetitive, with dead spots – and its bias is never in doubt, but these are minor flaws in a stirring staging. 

Produced by Clive Chafer, the show features sharp lighting by Michael S. Burg, and equally effective sound by Greg Scharpen. The remarkable ensemble of actors shows wit and verve. 

Director Randall Stuart has said, “I have been changed by getting to know Stephen.” Perhaps you’ll be changed, too.

Today’s Bay Shore Athletic League baseball championship game has been moved from Washington Park in Alameda to Salesian High School in Richmond. 

The game between top-seeded Albany High and No. 2 St. Mary’s High will start at 1 p.m. today.

Today is Sunday, May 19, the 139th day of 2002. There are 226 days left in the year. 

Highlight: 

On May 19, 1962, Democrats staged a fund-raiser in New York’s Madison Square Garden that was billed as a birthday salute to President Kennedy, during which actress Marilyn Monroe performed a sultry rendition of “Happy Birthday to You” for the guest of honor. 

On this date: 

In 1536, Anne Boleyn, the second wife of England’s King Henry VIII, was beheaded after being convicted of adultery. 

In 1643, delegates from four New England colonies met in Boston to form a confederation. 

In 1906, the Federated Boys’ Clubs, forerunner of the Boys’ Clubs of America, were organized. 

In 1921, Congress passed the Emergency Quota Act, which established national quotas for immigrants. 

In 1935, T.E. Lawrence, also known as “Lawrence of Arabia,” died in England from injuries sustained in a motorcycle crash. 

In 1943, in an address to the U.S. Congress, British Prime Minister Winston Churchill pledged his country’s full support in the war against Japan. 

In 1958, the United States and Canada formally established the North American Air Defense Command. 

In 1964, the State Department disclosed that 40 hidden microphones had been found in the U.S. embassy in Moscow. 

In 1967, the Soviet Union ratified a treaty with the United States and Britain banning nuclear weapons from outer space. 

In 1994, former first lady Jacqueline Kennedy Onassis died in New York at age 64. 

Ten years ago:  

The 27th Amendment to the Constitution, which prohibits Congress from giving itself mid-term pay raises, went into effect. Vice President Dan Quayle criticized the CBS sitcom “Murphy Brown” for having its title character decide to bear a child out of wedlock. In Massapequa, N.Y., Mary Jo Buttafuoco was shot and seriously wounded by her husband Joey’s teen-age lover, Amy Fisher. 

Five years ago:  

NBC sportscaster Marv Albert was charged in an indictment with assaulting a woman in an Arlington, Va., hotel room and forcing her to perform oral sex. (Albert denied the charges, but at trial, ended up pleading guilty to assault and battery.) 

One year ago:  

The Arab League called on Arab governments to sever political contacts with Israel until the Jewish state ended military action against Palestinians. “Point Given” won the Preakness as Derby winner “Monarchos” finished out of the money. 

Today’s Birthdays:  

PBS newscaster Jim Lehrer is 68. TV personality David Hartman is 67. Actor James Fox is 63. Actress Nancy Kwan is 63. Singer-songwriter Mickey Newbury is 62. Author-director Nora Ephron is 61. Rock singer-composer Pete Townshend (The Who) is 57. Concert pianist David Helfgott is 55. Rock singer-musician Dusty Hill (ZZ Top) is 53. Singer-actress Grace Jones is 50. Rock musician Phil Rudd (AC-DC) is 48. Baseball catcher Rick Cerone is 48. Actor Steven Ford is 46. Rock musician Iain Harvie (Del Amitri) is 40. Rock singer Jenny Berggren (Ace of Base) is 30. Actor Eric Lloyd is 16. 

To the Editor: 

Many in the community have asked me why I am not a candidate for school board in the next election. In part, I like to think that's because I have worked long and hard in the district, and have earned the right to join the board at this time. It's also because I have openly discussed my desire to run for the past two years. I do intend to become a member of the board, and I believe that I will have a lot to offer. But right now, I really believe that the district is in greater need of the budget & financial expertise that Nancy Riddle can bring to the table. I have thought long and hard about this, and contacted Nancy early on to ask her to run. 

I told her that for years I had watched her go before the board with ideas, questions, and demands for accountability, because she understood the spreadsheets, or more to the point, their flaws, in a budget that has often been Greek to the rest of us. We have often counted on her to speak up for us when it came to the numbers. I have come to the conclusion that Nancy is one person who can really make a difference in this time of budget crisis. I told her that I have never felt stronger about a candidate, and if she would agree to run, I would forgo my own desire for a few years, to devote my energies to her campaign. Many others have encouraged her as well. 

There are many of us in the district who have worked long and hard, and deserve a chance to represent our kids on the board, through years of providing leadership in our schools and organizations. I have played a visible part in the leadership in the district for about 6 years, and Nancy was a veteran when I arrived on the scene. In a couple of years, as my son moves on to Berkeley High, I will still be ready, willing and able to join the board and make a difference in my own way. If I wasn't confidant that the incumbants will be re-elected, I would run alongside Nancy. 

We will all have our chance, but right now, I believe that our vote should go to Nancy Riddle for School Board. 

- Mark A. Coplan 

Berkeley Parent

I recognize the scene of John Osborne’s dark and disturbing “The Entertainer,” now at Berkeley’s Aurora Theater, a play about the travails of a family of music hall performers in a declining British seaside resort. 

In 1975 I found myself in the British seaside resort of Brighton, where relentlessly gray skies and a downcast look in the eyes of passers-by drove me to seek cheer in the grandly named Empress Theater. The Empress was one of those vast old English music halls that were once a staple of lower and middle-class diversion, but its formerly resplendent interior had become shabby, and nine out of 10 seats for the variety show were empty. The comics, singers and jugglers in that echoing void were game, but they seemed to know the jig was up. England may prize tradition more than most nations, but tradition can die anywhere, and behind their forced smiles, those doomed players must have seen it was just a matter of time before they’d be tap dancing to an empty house. 

If there’s any justice, Aurora Theater won’t have to worry about empty houses, because its production of The Entertainer is hair-raisingly effective. The play’s author, John Osborne, is, of course, the “angry young man” of the 1950s, who jolted the British stage with Look Back in Anger, starring Richard Burton, and The Entertainer, memorialized by Lawrence Olivier. Osborne gave howling voice to post-war disillusion, when old patriotic slogans and moral verities began to taste like ashes. “What’s it all for?” his working class anti-heroes cried, desperate for some new truth, however bitter. 

The Entertainer employs a family of show people to illuminate this crisis in British identity. Grandpa Billy Rice is a former music hall star. Inheriting the profession, his son Archie Rice struggles to prolong its slow death, while Archie’s wayward boy, Frank, earns pennies by singing in pubs. The play begins when Archie’s daughter, Jean, who has just broken up with her fiancé, arrives from London. She’s consumed “four gins, stiff ones” on the way down, and at least a dozen bottles get emptied as the family, including Archie’s second wife, Phoebe, drink too much and begin to tear at one another. 

Truth comes out, all right, and it’s not pretty. 

The backdrop is the Suez Canal crisis of 1956, which humiliated the British. A second son, Mick, is off defending the Crown. Meantime family rows are punctuated by scenes of Archie doing his act, making jokes about himself (“I’ve taken me glasses off. I don’t like to see you suffering!”) and singing songs that barely veil his cynicism (“Why should I care, why should I let it touch me?”) In the play’s most famous line, he murmurs, “I’m dead behind these eyes.” It’s like meeting Eliot’s hollow man. Archie paints on faces and goes through the motions, but he’s stuffed with straw, and he knows it. As he quietly predicts to his daughter in one of his most bleakly revealing moments, “You’ll be nobody, like the rest of us.” 

This is strong stuff, and though it’s unsettling, it’s also gripping, so Aurora should be thanked for this new look at Osborne’s play. For mounting it so well, too. Set designer Kate Boyd has ingeniously adapted the company’s long rectangle of space into both a music hall and a seedy living room; Jim Cave’s lighting beautifully picks out dramatic moments; and Cassandra Carpenter provides ‘50s costumes that are revealing, right down to unraveled hems. 

“Entertainer” is subtly but vigorously directed by Tom Ross.  

Among the actors, Edward Sarafian tellingly portrays Grandpa Billy’s fits of anger and gruff bewilderment. Phoebe Moyer brings out the aching heart of Archie’s loyal but unfulfilled second wife, who laments, “Better to be a has-been than a never-was.” Alex Moggridge gives a loose-limbed charge to Frank, who is tainted by his father’s blight. And as the play’s “witness,” Emily Ackerman provides a frighteningly contained performance that ignites to express shocked horror at the emptiness she finds. 

As for Charles Dean, this Bay Area actor-of-many-talents may never have been better. When he sings Archie Rice’s songs, dances Archie’s dances and purrs his patter, you can’t help thinking this was the role he was born for, and his performance deepens as the play goes on, until we’re staring into a void where a human being should be. 

Uttering Osborne’s lines, Dean recalls Hamet’s essential question, “To be or not to be.” In Archie Rice’s case the better answer might be, “Not.” It’s a devastating realization.

Armored car spills 

PAGOSA SPRINGS, Colo. — For a region in the middle of a drought the roadside in this Colorado town looked mighty green. 

It was littered with more than $1 million, spilled when an armored car making a delivery to banks overturned along U.S. 160, about seven miles west of Pagosa Springs in southwest Colorado. 

The driver fell asleep and rolled the truck off the north side of the road Monday, said State Patrol Cpl. Randy Talbot. 

“A lot of change was on the ground, and bills and sacks,” he said. “There was a lot of money. It was in the millions. What took time was the $100,000 in loose coin.” 

A front-end loader was brought in to scoop up dirt so it could be sifted for coins. 

Onlookers were kept away from the site, though one unidentified person was seen briefly looking for coins in the dirt with a cigarette lighter.

LOS ANGELES — “Star Wars: Episode II — Attack of the Clones” took in more money Thursday than any weekday release in movie history but failed to beat the best single-day box office take of all time, set this month by high-flying “Spider-Man.” 

“Star Wars” grossed $30.1 million in ticket sales at 3,161 screens nationwide on its first day, according to estimates by 20th Century Fox. 

In comparison, “Spider-Man” pulled in a record $39.3 million on its first day. That movie opened on a Friday, considered a weekend day at the box office. 

“Spider-Man” collected $43.7 million during its second day, playing at 3,615 theaters. 

“We weren’t looking to set records,” said Bruce Snyder, head of distribution for 20th Century Fox, which released “Attack of the Clones.” 

Fox executives waved off comparisons to “Spider-Man” ahead of the opening, noting that they and “Star Wars” creator George Lucas were limiting the release to theaters with digital sound. 

Nevertheless, the film managed to post the sixth largest single-day gross ever, behind leaders “Spider-Man” and “Harry Potter and the Sorcerer’s Stone.” 

“This was the best opening for any ’Star Wars’ film. I’m expecting a great run out of it,” Snyder said. 

“Clones” topped the single-day record of $28.5 million set three years ago by “Star Wars: Episode I — The Phantom Menace” on its opening day. That record had stood until November 2001 when “Harry Potter and the Sorcerer’s Stone” grossed $32.3 million on opening day and $33.5 million its second day. 

The latest chapter of the “Star Wars” saga brings back Ewan McGregor as Obi-Wan Kenobi and Natalie Portman as Padme Amidala, picking up the story 10 years after the action of “Phantom Menace.” 

The main cast addition is Hayden Christensen as Anakin Skywalker — the future Darth Vader — now a Jedi knight in training. 

The spectacular grosses of both “Attack of the Clones” and “Spider-Man” signal a good summer for the movie industry, predicted Paul Dergarabedian, president of box-office tracker Exhibitor Relations. 

“I think we’re going to see the biggest summer ever,” he said. “I don’t think the momentum is going to die.” 

Anticipated blockbusters this summer include Steven Spielberg’s sci-fi thriller “Minority Report,” starring Tom Cruise, and the adaptation of Robert Ludlum’s “The Bourne Identity,” starring Matt Damon. 

“Moviegoers still want to be first on the block to see a film. It’s the water-cooler factor, the schoolyard factor. They want to be part of America’s pop culture,” Dergarabedian said. 

SAN JOSE, Calif. — Computer security firm Network Associates restated its earnings from 1998 to 2000 on Friday, reducing reported profits by about $28 million, after completing an internal probe that uncovered accounting irregularities. 

The Santa Clara-based company first announced the investigation in April, a month after disclosing its bookkeeping was also under review by the Securities and Exchange Commission. 

The company’s internal audit committee said the restatements stem from inaccurate entries that reclassified amounts from tax liability accounts to the general and administrative and liability accounts. 

In 2000, payments to a distributor were recorded in a balance sheet tax liability account instead of reducing net revenue. 

During the review, auditors reviewed every bookkeeping entry over $1 million from 1998 to the present. The problems stemmed from the actions of a single employee who is no longer is employed by the company, said Network Associates chief executive George Samenuk. 

“We reviewed every transaction related to that individual regardless of size,” he said. “We also reviewed transactions related to individuals closely associated with the person in question.” 

The company widened its fiscal 2000 net loss by $21.2 million, to $123.9 million. For 1999, the net loss decreased $3 million to $156.9 million. For 1998, the net income decreased $4 million to $32.4 million.

Almost everywhere you turn, flats of seedlings are crying out to be bought — from drugstores, from supermarkets, from department stores, and, of course, from nurseries. 

Especially tempting are those flower seedlings already decked out with open blossoms, and tomato and pepper seedlings from whose stems dangle promising little fruits. Restraint is needed: Those seedlings that are most tempting aren’t necessarily the best ones to buy. 

The ideal seedling makes the transition from seed to open ground without any hesitation in its growth, hardly knowing it has been moved. Such a plant has been well-fed, but not overfed, has been bathed in bright light, and has had no cramping from its neighbors. 

Seedlings’ leaves should be lush green, not blue-green or turning yellow or brown. Plant size should be in proportion to the volume of soil, no more than three to four times the depth of the container. Those stems also should be stocky. 

If the plants aren’t gangly in their containers, their roots probably have adequate room. You might want to inspect the roots anyway, just to make sure, by gingerly sliding a plant out of its cell. Do not buy a plant that is potbound, with dense masses of roots circling around the bottom of the root ball. A few roots at the edge of a rootball are OK, and means that a plant is just about ready for transplanting. 

One more thing to look for is something you might already have noticed, something that might have initially have drawn you to a particular flat of plants. Flowers or fruits, of course. They are bad signs — those flowers or fruits. 

Stress, such as cramped roots, often makes plants flower or fruit prematurely. Tomato fruits already on a young seedling will ripen, and ripen early, but the plant ultimately will produce fruits that are small and few. Broccolis already beginning to head up will produce only “buttons.” Flower plants already flowering will be stunted although they might recover if you pinch the flowers off. 

Any seedling that you finally buy — seek those stocky, verdant, and not flowering, fruiting, or overgrown — spent most of its life in a greenhouse, so it needs to get accustomed to the bright sun, wind, and cooler temperatures of the real world. After you buy them, keep seedlings outdoors in a spot sheltered somewhat from the elements for about a week before transplanting them into the garden. 

Outdoor grills aren’t just for flame-broiled burgers and steaks anymore. 

Today’s grill is the appliance of choice for varied menus featuring veggies, pancakes, pizza and grilled corn-on-the-cob. These high-tech, multipurpose gotta-have units will even keep marinade bubbly. 

Grills are hot. 

And today’s cooks treat high-end grills as a year-round extension of their kitchen according to the chief griller at Lowe’s Home Improvement Warehouse. 

“Homeowners are definitely headed toward the high-performance upper-end grill,” says Marybeth Cornwell, merchandising vice president, outdoor fashion for Lowe’s. “Consumers see grills as another kitchen appliance, and they want it to look like one.” 

Gas models account for the majority of all grills sold, although sales of charcoal units remain robust. 

While grill prices range from $124 to nearly $900, Cornwell says consumers do get more for their propane-powered dollar. Stainless steel and cast aluminum shells with porcelain and powder-coat finishes are rust-resistant. Better parts extend the useful life of grills. Some frames are warranted as long as 99 years. Multiple burners are the norm. Heat output ranges from 22,000 to a sizzling 55,000 BTUs. Secondary burners to keep sauces hot are commonplace. And forget hard-to-start charcoal. Push-button electronic starters or rotary ignitions are standard. New accessories don’t limit grills to dinner-only use. 

Home chefs flip morning pancakes and eggs on optional griddles. Chili simmers at noon on special side burners, and evening pizzas bake in custom deep-dish pans.  

Grills are taller to provide more rotisserie and smoking options. Outdoor cooking even has a holiday flavor: cooks have learned how tasty Thanksgiving turkeys are when prepared on the grill or in a separate turkey fryer. These turkey techniques free up ovens for other dishes, too. 

Grilling is more than a warm season phenomena. Most homeowners grill all year long. Part of grilling’s 12-month popularity is comfort related: outdoor cooking keeps kitchens cool, thereby reducing utility bills. 

Homeowners even create permanent patio-side shrines to grilling. Grills, separate burner units and other kitchen-like components are built directly into masonry or stucco islands where entire meals are prepared. 

But the outdoor nature of grilling means some maintenance is necessary. Cornwell suggests grills be covered when not in use to ward off rain and marauding insects. 

“We see more and more consumers asking for better and better grills,” says Cornwell. “High end grills have been wildly successful, and why not? As they say, everything tastes better when it’s cooked outside. That won’t change anytime soon.” 

When we were kids the ceilings in our turn-of-the-century Mediterranean-style home were 12 feet high. They were made of finished-in-place plaster, coved at the perimeter and adorned with ornate plaster moldings for architectural interest. A decorative picture mold traveled from corner to corner on each wall about 18 inches down from the ceiling as a neat finishing touch. 

Our home was old and void of many of the modern conveniences that our school chums enjoyed in their homes. When visiting them we were envious of the wall-to-wall carpeting, the “modern” olive green, harvest gold, copper tone or turquoise appliances, central air conditioning and attached garage. By contrast, our home had a detached garage, a single-window air conditioner, an oil-burning furnace and white appliances. Their homes had metal window frames. Ours were wood. 

In the early 1970s, our 60-plus-year-old family home that served four generations got in the way of progress. Its fate was sealed by Urban Renewal and, thus, it was demolished to make room for some of the newer homes that we envied. Our folks relocated to another part of town into a new home that had central air, an attached garage, metal-frame windows, olive-green appliances and low, single-plane acoustically treated 8-foot ceilings. 

We were thrilled at the time, but when we became adults we realized that our old family home was irreplaceable. It might not have had many modern conveniences, but it was overflowing with character and charm. 

Character and charm aside, home construction has vastly improved over the years. Buildings are more energy-efficient, safer and have features that make life around the house more comfortable. There is, however, a shift in design that mimics the homes of yesteryear both inside and out. Low ceiling heights have, in many cases, risen to 9 or 10 feet. Decorative moldings and other architectural ornamentation are more popular as are wood-frame windows or window frames that are trimmed with wood at the interior. Gone, too, is the “cottage cheese” acoustical ceiling treatment that was standard equipment during the ’60s, ’70s, and most of the ’80s. 

Billed as a means of deadening sound in a home, acoustic ceiling treatment really was a cost-effective alternative to more costly traditional ceiling finish techniques. Acoustic ceilings received a black eye in 1978 — the year the federal government banned the use of asbestos in all construction products, including spray-on acoustic products. 

If you have an acoustic ceiling that was installed before 1978 chances are good that it contains asbestos. However, according to the Environmental Protection Agency, asbestos-containing building materials do not require abatement unless they are a potential health hazard. The EPA suggests that asbestos-containing building materials that are “friable” or flaking could potentially release asbestos fibers that are hazardous to one’s health. You can determine if your acoustic ceiling contains asbestos by using a test performed by a certified testing agency, which you can find by contacting your local chapter of the American Lung Association. 

If the material contains asbestos and you would like it removed, this work should only be done by a licensed asbestos abatement contractor. If the material contains asbestos that is in good shape and doesn’t pose a threat, there are ways to improve its appearance. 

Water stains from roof leaks are an unsightly problem. In addition, a persistent roof leak can cause the acoustic material to peel. If this occurs, remove the delaminating material and apply a shellac-based stain killer to the area. It will prevent the stain from bleeding through to the new finish. Next, patch the missing acoustic by using acoustic touchup in an aerosol can or a pump sprayer. These products can be found in the paint or patching-products section of your hardware store. 

Chances are good that the patch will be much whiter than the rest of the acoustic ceiling. This is especially true if the ceiling is many years old or smokers have lived in the home. You have two choices to effect a uniform color — darken the patch or paint the entire ceiling. We opt for the latter since a bright ceiling will reflect natural light and make the interior of your home lighter and more cheerier. 

The first step in painting an acoustic ceiling is to seal stains and patch the acoustic material using the materials and techniques described earlier. Then, paint the ceiling using a high-quality interior low-sheen oil-base paint. Never use a water-base paint as it can cause the acoustic material to peel. The paint can be applied with a sprayer or roller. In either case, great care should be taken not to disturb the acoustic material — asbestos or not. 

A sprayer will make the painting process easier and quicker. It’s the prep work that’s difficult, as every square inch of area will need to be covered to prevent damage by airborne paint particles. Rolling is tougher and time-consuming, but doesn’t require the preparation. It’s your choice. 

If you choose the roller route, use a long-nap roller cover and very light pressure to avoid disturbing the textured surface. One coat of high-quality oil-base paint will usually do the trick. However, a dirty ceiling or one that is covered with smoke might require more than one. In this case we suggest a base coat of a shellac-based stain killer along with an oil-base finish coat. 

If your acoustic ceiling simply has a few minor stains here and there, try bleaching them out using pure liquid chlorine bleach in a spray bottle. You can also use an acoustic ceiling cleaning product available at most hardware stores. Be sure to use eye protection, wear old clothes including a hat and long sleeves, rubber gloves and have plenty of ventilation. Cover all furniture and flooring that could be damaged by bleach. A little spritz is all that is usually needed to remove minor stains. Let the area dry and repeat the process if needed. Don’t soak the surface as it can cause the acoustic to peel. 

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

Readers can mail questions to: On the House, APNewsFeatures, 50 Rockefeller Plaza, New York, NY 10020, or e-mail Careybro@onthehouse.com. To receive a copy of On the House booklets on plumbing, painting, heating/cooling or decks/patios, send a check or money order payable to The Associated Press for $6.95 per booklet and mail to: On the House, P.O. Box 1562, New York, NY 10016-1562, or through these online sites: www.onthehouse.com or apbookstore.com. osdf 

Photography is history in the making. 

A tribute to the photographers who provided compelling images in both black and white and color is featured on a new pane of 20 37-cent U.S. stamps for release June 13. The title of this special pane is “Masters of American Photography.” 

Depicted are many of the major themes and events in U.S, history — immigration, the Great Depression, World War II, to mention a few. Examples include portrait, documentary, landscape and fine art. 

As an added reward, the pane displays a black and white photo (made in 1888 or l889) by William Henry Jackson, or one of his assistants. It shows a photographer using a mammoth-plate camera balanced atop Overhanging Rock, about 3,200 feet above Yosemite Valley. Jackson was noted for his landscapes of the American West. 

The honored photographers have one of their pictures illustrated on each stamp. They are: Timothy H. O’Sullivan, Carleton E. Watkins, Gertrude Kasebier, Lewis W. Hine, Alvin Langdon Coburn, Alfred Stieglitz, Man Ray, Edward Weston, James VanDerZee, Dorothea Lange, Walker Evans, W. Eugene Smith, Paul Straid, Ansel Adams, Imogen Cunningham, Andre Kertesz, Garry Winograd, Minor White, Sands Southworth and Josiah Johnson Hawes. 

Ceremonies for the new pane of U.S. stamps titled “Masters of American Photography” will take place at the Museum of Photographic Arts in San Diego on June 13. 

SAN FRANCISCO — Telephone clerks at the state’s largest HMO were given bonuses for keeping calls with patients brief and limiting the number of doctor appointments scheduled, a program some opponents argue was deceitful and harmful to patients with serious medical problems. 

Oakland-based Kaiser Permanente ran the pilot program at three Northern California call centers from January 2000 to December 2001. It was discontinued after that, Kaiser spokesman Jim Anderson said Friday. 

“At the end of the year they looked at, ’Were we doing a better job for members than when we started it?’ The thought was no,” Anderson said. “The whole purpose of this was designed to help serve members better.” 

The program, backed by the Service Employees International Union Local 250 in Oakland, gave cash bonuses to clerks who made appointments for 15 percent to 35 percent of callers, spent less than an average of three minutes, 45 seconds on the phone per patient and transferred fewer than 50 percent of the calls to registered nurses. The bonuses were based on the established quotas and the quality of work. 

Anderson said the bonuses were between 2 percent and 4 percent of the workers’ salaries. He could not provide the number of employees who received bonuses or specifically how much they were worth. 

SEIU officials said the program’s effectiveness is a moot issue now. 

“This is a dead issue,” said SEIU Local 250 President Sal Rosselli. “It’s a pilot project that’s in the past and not going any further.” 

The California Nurses Association fought against the program from the beginning, saying clerks should not be making decisions on when to transfer calls to nurses and when to book appointments. It considers those duties as evaluating patients’ medical conditions, which is reserved for licensed nurses and physicians, said Jim Ryder, director of the nursing union’s Kaiser Permanente division. 

“We characterize them as morbidity bonuses,” Ryder said. “Patients don’t understand they’re talking to a high school graduate with no nursing background.” 

State HMO investigators have been probing how the call centers handle referrals for at least three months and recently opened an investigation into the bonus program, said Steven Fisher, deputy director of the Department of Managed Health Care. 

“We’re concerned about it and we’re looking at it,” he said. 

But Anderson said the program was set up based on the average amount of time already established with each patient at the call centers in Vallejo, Sacramento and San Jose, which handle Northern California’s 3 million patients. All of the calls initially are answered by the clerks and some are forwarded to licensed nurses. About 1,300 total people work at all three centers. 

A consumer watchdog group that already has filed an unrelated false advertising lawsuit against Kaiser said the bonus program was “shocking and outrageous.” 

“It’s business goals driving medical care, which is a violation of state law and the public trust and contradicts Kaiser’s own ad campaign that care is doctor driven, not business driven,” said Jamie Court, executive director of the Santa Monica-based Foundation for Taxpayer and Consumer Rights. 

“Patients get lost in this telephone hell, but these aren’t people complaining about a credit card bill. These are people with some life-threatening illness, and if even one person falls through the cracks, the system is broken.” 

SAN FRANCISCO — The family firm of millionaire Republican gubernatorial candidate Bill Simon was fined and censured by securities regulators in the 1990s, the San Francisco Chronicle reported Friday. 

William E. Simon & Sons of New Jersey received three fines, two of which also involved censures, from the National Association of Securities Dealers. That included a $10,000 fine levied in 1999 against the firm’s municipal securities division for mislabeling a payment to a securities company co-owned by the chief of staff of then-Gov. Jim Florio of New Jersey. 

The National Association of Securities Dealers said Simon & Sons mislabeled the payment it made to Armacon Securities Inc. “in the hope of developing a relationship” with another firm, according to documents obtained by the Chronicle. 

The fine came during an investigation of so-called “pay-for-play” schemes in which investment and securities companies curry favor with politicians who can steer them lucrative government bond projects. The practice violates security rules. 

Simon declined comment on the issue when questioned by reporters as he left a newspaper editors’ convention in Anaheim on Friday, except to criticize the Chronicle article as factually erroneous. 

Aides said the article neglected to distinguish between William E. Simon & Sons and William E. Simon & Sons Municipal Securities Inc., which are distinct entities. The $10,000 fine was against the latter firm. 

A Simon strategist denied impropriety and said there was no pay-to-play violation. 

“This was a paperwork violation for misreporting a management fee paid to Armacon,” strategist Jeff Flint said Friday. 

Democratic Gov. Gray Davis attacked Simon over the issue during his own appearance before the editors’ group and in comments to reporters afterward. 

“Mr. Simon has a lot of gall criticizing me when his own firm was fined three times and censured twice for contributing to treasurers who gave business to his company,” he told reporters.

HOUSTON — Former Arthur Andersen partner David Duncan wrapped up a week of testimony in the firm’s obstruction of justice trial Friday by saying he never explicitly told his colleagues to “destroy” Enron documents. 

Duncan, 43, said he mentioned Andersen’s document policy in a 30-minute “pep talk” to his Enron audit team last October. But he said he didn’t specify that they destroy anything or single out Enron, which at the time was coming under scrutiny from government investigators. 

“We believed we had done everything appropriately,” Duncan recalled telling his staff of about 100 people. 

Andersen is accused of shredding documents and deleting computer records related to Enron audits to keep them away from investigators for the Securities and Exchange Commission. Duncan pleaded guilty April 9 to directing the effort and destroying documents himself in exchange for leniency in sentencing. 

Duncan’s testimony had been highly anticipated amid speculation that he would provide details of the complex partnerships suspected in Enron’s spectacular and devastating bankruptcy in December. 

But in five days of testimony on how Andersen handled the Enron account, Duncan provided no bombshells. 

Told by the judge he could step down, he asked, “For good?” 

“For this trial,” she responded. 

Earlier, Assistant U.S. Attorney Samuel Buell said outside the jury’s presence that prosecutors believe in-house Andersen lawyer Nancy Temple, not Duncan, would be the government’s central witness. 

However, Temple last week invoked her Fifth Amendment right against self-incrimination when called to testify. 

Duncan’s meeting with his staff came on Oct. 23 — 11 days after Temple sent an e-mail from Andersen’s Chicago headquarters to Michael Odom, a partner in Houston, that said the Enron audit team ought to be reminded of the firm’s “documentation and retention policy.”

WASHINGTON — Two years before the Sept. 11 attacks, an analysis prepared for U.S. intelligence warned that Osama bin Laden’s terrorists could hijack an airliner and fly it into government buildings like the Pentagon. 

“Suicide bomber(s) belonging to al-Qaida’s Martyrdom Battalion could crash-land an aircraft packed with high explosives (C-4 and semtex) into the Pentagon, the headquarters of the Central Intelligence Agency (CIA), or the White House,” the September 1999 report said. 

The Bush administration has asserted that no one in government had envisioned a suicide hijacking before it happened. 

White House press secretary Ari Fleischer said the administration was aware of the report prepared by the Library of Congress for the National Intelligence Council, which advises the president and U.S. intelligence on emerging threats. He said the document did not contain direct intelligence pointing toward a specific plot but rather included assessments about how terrorists might strike. 

“What it shows is that this information that was out there did not raise enough alarm with anybody,” Fleischer acknowledged. 

Also Friday, new information emerged about a memo from the FBI’s Phoenix office last July warning headquarters that a large number of Arabs were training at a U.S. flight school. The memo urged that all flight schools nationwide be checked, but the FBI failed to act on the idea before Sept. 11. 

Government officials said Friday that two of the more than half dozen names the FBI Phoenix office identified in the memo were determined by the CIA after Sept. 11 to have links to bin Laden’s al-Qaida. 

Officials said the CIA was not shown the memo before Sept. 11 and even if it had, it did not have the intelligence linking the two men to al-Qaida until after the attacks. The FBI checked the names before Sept. 11 but found no bin Laden ties, the officials added. 

Former CIA Deputy Director John Gannon, who was chairman of the National Intelligence Council when the 1999 report was written, said officials long have known a suicide hijacking was a threat. 

“If you ask anybody could terrorists convert a plane into a missile, nobody would have ruled that out,” he said. 

Democrats and some Republicans in Congress raised the volume of their calls to investigate what the government knew before Sept. 11. 

“I think we’re going to learn a lot about what the government knew,” Sen. Hillary Rodham Clinton, D-N.Y., said during an appearance in New York. She said she was unaware of the report created in 1999 during her husband’s administration. 

Sen. Charles Grassley, R-Iowa, a senior member of the Senate Judiciary and Finance committees, demanded the CIA inspector general investigate the report, which he called “one of the most alarming indicators and warning signs of the terrorist plot of Sept. 11.” 

Meanwhile, court transcripts reviewed by The Associated Press show the government had other warning signs between 1999 and 2001 that bin Laden was sending members of his network to be trained as pilots and was considering airlines as a possible target. 

The court records show the FBI has known since at least 1999 that Ihab Mohammed Ali, who was arrested in Orlando, Fla., and later named as an unindicted coconspirator in the 1998 U.S. Embassy bombings in Africa, had been sent for pilot training in Norman, Okla., before working as a pilot for bin Laden. 

He eventually crashed a plane owned by bin Laden in Sudan that prosecutors alleged was used to transport al-Qaida members and weapons. Ali remains in custody in New York. 

In February 2001, federal prosecutors told a court they gained information in September 2000 from an associate of Ali’s, Moroccan citizen L’Houssaine Kherchtou, that Kherchtou was trained as an al-Qaida pilot in Kenya and attended a meeting in 1993 where an al-Qaida official was briefing Ali on Western air traffic control procedures. 

“He (Kherchtou) observed an Egyptian person who was not a pilot debriefing a friend of his, Ihab Ali, about how air traffic control works and what people say over the air traffic control system,” then-Assistant U.S. Attorney Patrick Fitzgerald told a New York court. 

“And it was his belief that there might have been a plan to send a pilot to Saudi Arabia or someone familiar with that to monitor the air traffic communications so they could possibly attack an airplane perhaps belonging to an Egyptian president or something in Saudi Arabia.” 

That intelligence is in addition to information the FBI received in July 2001 from its Phoenix office that a large number of Arabs were training at U.S. flight schools and a briefing President Bush received in August of that year suggesting hijacking was one possible attack the al-Qaida might use against the United States. 

The September 1999 report, entitled “Sociology and Psychology of Terrorism: Who Becomes a Terrorist and Why?” described suicide hijacking as one of several possible retribution attacks the al-Qaida might seek for a 1998 U.S. airstrike against bin Laden’s camps in Afghanistan. 

The report noted an al-Qaida-linked terrorist first arrested in the Philippines in 1995 and later convicted in the 1993 World Trade Center bombing had suggested such a mission. 

“Ramzi Yousef had planned to do this against the CIA headquarters,” the report said. 

Bush administration officials have repeatedly said no one in government had imagined such an attack. 

“I don’t think anybody could have predicted that ... they would try to use an airplane as a missile, a hijacked airplane as a missile,” National Security Adviser Condoleezza Rice said Thursday. 

The report was written by the Federal Research Division, an arm of the Library of Congress that provides research for federal agencies. 

“This information was out there, certainly to those who study the in-depth subject of terrorism and al-Qaida,” said Robert L. Worden, the agency’s chief. 

“We knew it was an insightful report,” he said. “Then after Sept. 11 we said, ’My gosh, that was in there.”’ 

Gannon said the 1999 report was part of a broader effort by his council to identify the full range of attack options of U.S. enemies. 

“It became such a rich threat environment that it was almost too much for Congress and the administration to absorb,” Gannon said. “They couldn’t prioritize what was the most significant threat.” 

ALEXANDRIA, Va. — A co-leader of an Internet software piracy group that authorities say was responsible for billions of dollars in lost sales was sentenced to nearly four years in prison Friday. 

John Sankus Jr., 28, of Philadelphia was a leader of DrinkOrDie, described by prosecutors as one of the largest, most sophisticated rings of software pirates. 

His 46-month sentence is the largest ever for Internet piracy, U.S. Attorney Paul McNulty said at a news conference. 

“This sentence sends a strong message to those that think they’re invisible because of the anonymity of the Internet. We will find you,” McNulty said. “You will serve years in prison.” 

Sankus had pleaded guilty in February to conspiring to commit copyright infringement as part of a deal with prosecutors. 

At his sentencing in U.S. District Court, Sankus apologized to the companies “and especially to my family for dragging them through this.” 

Authorities believe DrinkOrDie cost the industry up to $5 billion in lost sales each year. 

Sankus’ attorney, Harvey Sernovitz, said that Sankus, whose regular job was with computer maker Gateway Inc., made no money from his actions with DrinkOrDie. He said Sankus’ group specialized in cracking high-end technical software. 

“They had no use for that software, other than to show off their cracking skills,” he said. 

Prosecutor Robert Wiechering said that “the effects of what Mr. Sankus did are very serious. There really are victims in this type of offense.” 

The sentence imposed by U.S. District Judge Leonie Brinkema was the minimum under the federal sentencing guidelines. Sankus could have been fined up to $100,000 but the judge waived the fine, saying Sankus could not afford it. 

Authorities say DrinkOrDie was effectively shut down in December with raids in 27 U.S. cities and five other countries as part of “Operation Buccaneer.” Numerous members are facing prosecution. 

DrinkOrDie, founded in Moscow in 1993, gained its fame by releasing a pirated copy of the Windows 95 operating system two weeks before it was even released by Microsoft.

HAVANA — Jimmy Carter ended a historic visit to Cuba Friday sharply at odds with the Bush administration over how to deal with Fidel Castro. The former president said limits on tourism and trade often hurt Americans more than Cubans. 

“I think an American private citizen or an American company should have the right to visit any place on earth and the right to trade with any other purchaser or supplier on earth,” Carter told a news conference immediately before leaving Cuba. 

“I see the embargo and travel restraints as an imposition on the human rights of American citizens,” he added. 

Castro, wearing a military uniform for the first time since Carter’s arrival, personally came to bid farewell to the American president. 

Carter was the most prominent American political figure to visit Cuba since Castro’s 1959 revolution, and the Cuban leader gave him unprecedented freedom to speak to the Cuban people. He used it to bluntly describe the country as undemocratic and to repeatedly publicize a dissident campaign that most Cubans had never before heard of. 

But Carter also said the basic pillars of U.S. policy toward the island had been counterproductive failures. 

Carter said that cooperation rather than isolation would help prevent problems, such as the allegation of Cuban aid for biological warfare programs made this month by Bush administration officials. 

Aides have said that Bush will reassert and strengthen central parts of U.S. policy on Monday, the 100th anniversary of Cuba’s independence from Spain. 

Carter said he would report the results of his six-day trip to Bush, “expressing my opinion and the opinions of the dissident groups about U.S. policy toward Cuba. 

“It may be that President Bush would consider those opinions,” he said. 

White House spokesman Ari Fleischer this week said Bush believes the 40-year-old trade embargo is a “vital part of America’s foreign policy and human rights policy toward Cuba.” 

Outside activists who advise the White House also suggested this week that Bush would propose increased funding for Cuban dissidents. 

Carter, who met with about 30 prominent dissident leaders, said they told him such a policy would create an “undeserved stigma.” 

They would welcome nongovernment aid, Carter said, but “they expressed deep concern about any assistance that was identified as coming directly or indirectly from the U.S. government, or any declaration by the U.S. government that official funds were being channeled to them. 

The former president praised Cuba for helping other poor nations produce treatments for killer diseases, and he argued that “complete cooperation” between U.S. and contacts between U.S. and Cuban scientists would help ensure that transferred technology was not being misused. 

“I think the routine and constant exchange of scientific knowledge and experiments and research would almost totally preclude any possibility for illicit uses of discoveries or knowledge in this field,” Carter said. 

The Bush administration has expressed concern that Cuba was giving renegade nations technology that could be used to develop biological warfare. 

Carter said Castro had offered to open his laboratories to inspection and suggested the offer be accepted. 

If Cubans were encouraged by Carter’s call for closer relations with the United States — many have relatives there — many also were stunned to hear his blunt talk about democracy broadcast over state television and published in communist party newspapers. 

The first current or former U.S. president to visit the island, Carter made similar statements as he left. 

He said that Cuba “retains the system of having just one party where criticism of the party’s policy is a crime, and where citizens are punished for openly expressing their views that differ from those of the government, and (where there is) the inability for workers to form their own organizations. Things of this kind draw a line between Cuba on one side and all the other nations of the hemisphere on the other.” 

During his own term in office from 1977 to 1981, Carter said, “I felt the best way to make changes in Cuba peacefully was through maximum contacts between our two countries.” 

Yet in the CNN interview, Carter said he did not expect his visit to cause policy changes by Castro. 

“He wants to maintain complete control of the system and not take any chance that dissidents or disagreeing groups could gain enough support to endanger his power as undisputed leader of the Cuban government,” Carter said. 

“I don’t see any change in the future in his willingness to permit dissident expressions from Cubans,” Carter added, “but I think he has been amazingly gracious in letting my views, highly critical on occasion, be expressed.”

HYDERABAD, India — India baked in a heat wave Friday so intense that mud huts became as hot as ovens and birds in trees dropped dead, villagers said. This month’s heat has killed 638 people nationwide. 

Officials described the temperatures exceeding 115 degrees as “a natural calamity.” 

In Andhra Pradesh state, 622 people died. Temperatures there reached a record 124 degrees, said D.C. Roshaiah, an official in charge of relief work in the state. 

Most of the dead were old people unable to bear the extreme heat, said Rajshekhar Murthy, a health worker in the state’s Guntur district, where 102 people died. 

P. Vijaylakshmi, a farmer in Kovvuru village in a remote corner of Andhra Pradesh, described the height of the heat wave last Friday as “the worst day of my life.” 

“How I can forget it? There was no place to hide. Even the dirt floor of my hut felt like an oven,” he said. 

Villagers said the heat was so intense that birds fell from the trees. 

Similar heat waves struck Andhra Pradesh in 1996 and 1998, but this year has been the worst, state weather officials said. Andrha Pradesh is the fifth-largest state in India, with 76 million people. 

Murthy, the health worker, said the number of dead would have been higher had local officials not issued warnings and supplied extra drinking water to the poor. 

“The administration sounded a warning a week in advance,” said Poonam Malkondaiah, an official in West Godavari district, where at least 50 people perished. 

“People were told not to venture out of their homes, especially around noon when the heat wave reaches its peak. If there were compelling reasons to go out, they were asked to cover themselves,” she said. 

It has been an abnormally hot May in southern India. Temperatures have been 7 percent above the monthly average. 

The national capital New Delhi and other parts of northern India have also been sweltering. Sixteen people died in the desert state of Rajasthan as temperatures climbed to 117 on Friday. 

Andhra Pradesh’s Chief Minister Chandra Babu Naidu set up a scientific committee to establish whether global warming was causing the heat wave. 

However, meteorologists quickly blamed scorching desert winds from the northwest, not the greenhouse effect or deforestation. 

“Heat waves always precede the monsoon rains. They induce the moisture to come in,” said R. Rajamani, an environmental expert based in Hyderabad. Monsoons normally arrive in southern India in early June, and in the rest of the country over subsequent weeks.

A revised state budget may have Berkeley residents paying more for a pack of cigarettes and reaching deeper into their pockets to register an automobile, but residents aren’t likely to lose out on many city services, Berkeley officials say. 

“We’re still sorting out the implications... but what some are calling new taxes looks like the way [the governor] is going to keep cities whole,” said Deputy CIty Manager Phil Kamlarz. 

It is not all roses for the city, though, Kamlarz said.  

Closing a $23.6 billion budget gap in Sacramento, which Gov. Grey Davis aims to do in his budget proposal for next year, means other sacrifices are bound to trickle down to Berkeley, he added. 

One of the biggest losers in Davis’ proposed budget, released this week, is county government. California counties are slated for cuts of about $1 billion. City governments rely heavily on county programs to fill gaps in local services. 

According to District 14 Assemblywoman Dion Aroner, the burden falls almost entirely upon Health and Human Services agencies, meaning less money to fuel such county resources as medical clinics, insurance and Medi-Cal programs for the poor, and mental health assistance. 

“Berkeley will feel some of that,” she said. “And it’s going to play out largely on the city police department budget.” 

Instead of health and human service professionals addressing the problems, law enforcement will end up dealing with the criminal consequences of untreated persons, Aroner explained. 

The repercussions for Berkeley police are magnified by another Davis proposal that seeks to eliminate state reimbursements for city booking costs. 

Additionally, Berkeley Mayor Shirley Dean, in her State of the City address this week, identified problems with staffing already plaguing the city’s police department. 

Phone calls to Berkeley police were not returned. 

Fred Medrano, the city’s director of health and human services, affirmed that the city’s services appeared unharmed by the Governor’s revised budget. Berkeley is one of only three cities in the state that runs a health department. 

“It doesn’t look like there’s going to be a real major impact on existing city health services... The impacts are at the county level,” he said. 

Berkeley schools seemed to have been spared too. 

“Education has done very well,” said Aroner. Meeting the state’s required $32 billion contribution to schools was a top priority of the Governor, she said. 

In addition to revenues from increases in automobile fees and cigarette taxes, loans helped Davis fulfill many of his budget commitments, at least on paper. 

The May Revision calls for selling $4.5 billion worth of bonds to borrow from future tobacco settlement revenues as well as getting $4 billion from loans, transfers, and refinancing plans. 

“We’re still cautious because there might be some short-term solutions here that will affect us much later, after the [November] election,” Kamlarz said. 

Davis’ proposal is already receiving scrutiny, particularly from Republicans in Sacramento opposed to tax increases. The proposal is likely to admit several changes before its scheduled adoption on July 1.

To the Editor: 

I am writing to respond to two letters by James Sayre (May 7) and Daniel Spitzer (May 9). As a Palestinian-American working and supporting a nonviolent struggle against the 35 years of occupation of Palestinian territories by Israel, I find the views expressed by Sayre and later by Spitzer to be totally false and therefore dangerous. 

I do not care to argue whether Israel has the right to exist, because this right has been accepted by the Palestinians and the Arabs have offered Israel peace and total normalization of relations contingent on ending the occupation of Palestinian territories (the West Bank,Gaza,and East Jerusalem), i.e, going back to the 1967 borders and accepting the formula of land for peace and allowing the Palestinians to establish an independent state on 22 percent of Palestine. This is what the Palestinian struggle is about, but it continuously gets distorted by the Israeli right wing and its supporters in this country as a struggle to destroy Israel. Those who carry this view are either trying to mislead the world or are ignorant. I think most belong to the latter category and hopefully will eventually see the light. 

Moving on to specifics, Mr Sayre got his facts wrong. He claims that in the 1940s the Arabs refused to allow the refugees to settle. The truth is that there were no refugees until 1948 when Israel was established and those refugees were driven out by fear from Israeli massacres like Deir Yassin (April 9, 1948) and others, and not, as Mr. Spitzer claims, that the refugees were called upon to leave by Arab governments. At any rate most Palestinian refugees today are in the occupied Palestinian territories, in Jenin camp, Jabalia, Deheisheh, Balata, etc. They have been there under Israeli occupation for 35 years. What did Israel deliver to them but misery and oppression and most recently death and siege and all kinds of repression?? Those refugees are the majority and they are on Palestinian land and not in other Arab lands. 

Mr Rayes also makes the outrageous claim that the "Arabs have a long tradition of antipathy towards the Jews and of treating the Jews as second-class citizens. The Muslim religion sanctified this prejudice into its religious text, the Koran. In that writing, the Muslims were given explicit permission to raid Jewish settlements and to steal from Jewish homes." This is a big lie and an insult to Islam. Sayre relies apparently on the book by Joan Peters which he calls brilliant but actually is full of distortions and falsehoods, and has been discredited years ago. In reality Jews had their best days under Muslim rule in Spain and other places. Any persecution they suffered came after the rise of Israel and the persecution of Palestian refugees. As to the Koran giving explicit or even implicit permission for Muslims to raid Jewish property, etc., there is no bigger lie than that. It is complete trash. 

Like Mr Sayre’s opinion, Spitzer’s opinion is full of lies. Among his points are claims he makes about the way Palestinians treat women and children. He claims the sole country in the Middle East where Arabic women are permitted to vote is Israel. He is totally misinformed. Arab women have the right to vote in Palestine and many other Arab countries, and not only that but they also hold ministerial positions and get elected to Parliaments (Egypt, Jordan, Palestine, etc). 

As to Palestinian children, there is no doubt about their anger, because everything around them is angry, and all the time they witness their parents being killed and humiliated and if they do not think it, they can feel it and children have a great sense of things. Do not underestimate them. 

As to Jenin and whether a massacre occurred there or not, Human Rights Watch concluded that war crimes occurred and this happened in many other places besides Jenin. 

- Waleed Husseini 

Berkeley

"What Cats know" by Lisa Dilman 

Through June 9. 

Directed by Rebecca J. Ennals. Four thirty-somethings play a game of gotcha with unexpected consequences.  

Thursdays- Saturdays 8 p.m. $20, 

Sundays 7 p.m.- Pay what you can 

Transparent Theater 

1901 Ashby Avenue 

510-883-0305 

www.transparenttheater.org 

Impact Theatre's Love Is The Law 

La Val's Subterranean Theatre 

World-premiere of Impact Theatre's new romantic comedy play featuring David Ballog. 

Through June 8. 

For more information and reservations: 510-464-4468, www.tickets@impacttheatre.com 

$12 general, $7 students  

“Time Out for Ginger” May 10 through Jun. 1: The Actor’s Studio presents the famous comedy that sketches the tumult in a family that includes three teenage daughters, one of whom insists on trying out for her high school football team. $12. Check theater from dates and times. The Actor’s Studio’s Little Theatre, 3521 Maybelle Ave., Oakland 

“Homebody/Kabul” Apr. 24 - June 23: Berkeley Repertory Theatre presents Tony Kushner’s play about a women who disappears in Afghanistan and the husband and daughter’s attempts to find her. $38-$54. Call ahead for times, 647-2949, www.berkeleyrep.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. 

Berkeley Opera Presents 

Vivian Fine’s The Woman in the Garden 

One of America’s most highly regarded composers, Vivian Fine, has crafted a libretto from the writing of four women artists; Emily Dickinson, Isadora Duncan, Gertrude Stein and Virginia Woolf. Solos, duets, trios, and quartets express these innovative, non-conforming rebels, individual musings and struggles, revealing both social isolation and spiritual community of their artistic lives. Singers are supported by a nine-piece chamber ensemble 

May 23 - May 25, 8 p.m. 

Hillside Club 

2286 Cedar (at Arch St.) 

$30 General, $25 Senior, $15 Youth and Handicapped, $10 Student Rush 

Charge by phone: 925-798-1300 

Information: 510-841-1903, www.berkeleyopera.com 

Saturday, May 18 

The Oakland East Bay Gay Men's Chorus third annual spring concert, "Turn the World Around" Celebration of spring and welcome to summer with love songs and traditional favorites. 

May 18, 8 p.m., Lake Merritt United Methodist Church, 1330 Lakeshore Ave., Oakland and 

May 19, 7 p.m., Crowden School, 1475 Rose St.  

Suggested donation is $15 at the door; $12 in advance. (510) 239-2239, ext. 2576, www.oebgmc.org.  

Music Fair & Special Family Concert 

A delightful day of free performances, demonstrations, contests and entertainment! Oakland Youth Chorus, Purple bamboo Orchestra, Skyline High School Jazz Combo, Tim Cain, Instrument Petting Zoo & More. Explore musical Instruments, music schools & camps, Local Choirs & orchestras and other music resources. 

Family Concert 2 p.m.  

Calvin Simmons Theatre 

Music Fair Noon-5 p.m. 

Henry J Kaiser Convention Center Arena 

Oakland  

510-444-0801, www.oebs.org 

Concert $7 adults, $5 under 18, music fair- Free 

Margie Adam 

Singer, composer, pianist, activist 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$17.50 advance, $18.50 at the door 

Sunday, May 19 

Jazz On 4th 

6th Annual jazz on Forth, a benefit for Berkeley High School Performing Arts. Balloons, Raffle, Face Painting. Free Live Performances by The Berkeley High Jazz Ensemble & Combo, Big Belly Blues Band, Jenna Mammina Quartet, Jesus Diaz with Sabor A Cuba. 

12:30 to 4:30 p.m. 

Forth Street Between Hearst and Virginia 

For more information 510-526-6294 

Free 

Flamenco Fiesta 

David Serva, Miguel Funi, Clara Mora, Jose Torres de Moron 

5 to 5:45 Spanish wines & snacks from The Spanish Table, Supper served at 7:30.  

Montero's 

1401 University Ave. 

Reservations 526-3467 

$35 

Hurricane Sam with Matt Eakle 

Blues, jazz, boogie-woogie piano 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door 

Monday, May 20 

Live Music- Renegade Sidemen, with Calvin Keyes, Dave Rokeach & friends 

8 p.m., 2nd show 10 p.m. 

Anna’s Bistro 

1901 University Ave. 

Berkeley 

510-849-ANNA 

Tuesday, May 21 

Open Mic 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

Wednesday, May 22 

Yonder Mountain String Band  

Hard Chargin' bluegrass 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$19.50 advance, $20.50 at the door 

Thursday, May 23 

John Reischman & the Jaybirds 

Mandolin virtuoso & red-hot bluegrass ensemble 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door 

Variety Preview Room Art Opening 

Wine & cheese reception showcasing WPA (Works Progress Administration) muralist James Daugherty. Hosted by Variety, a children’s charity started in the depression when a baby was left in a Vaudeville Theatre with a note pinned to her, pleading for help. In this time of economic uncertainty and patriotism please join for viewing this special collection of WPA murals. 

Wednesday, May 22, 5 to 7 p.m. 

Variety Preview Room 

582 Market St. at Montgomery, San Francisco  

415-781-3894 

“The Art History Museum of Berkeley” 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., 841-4210, www.atelier9.com. 

“Errata” through May 4: An exhibition of the photographic work by Marco Breuer, focusing on the gaps, mistakes and marginal events that occur in daily life. Tues. - Sat. 11 a.m. - 5 p.m., Traywick Gallery, 1316 10th St., 527-1214 

“Open: Objects” through May 4: An exhibition featuring sculptural objects by Los Angeles artist Karen Kimmel. Tues. - Sat. 11 a.m. - 5 p.m., Traywick Gallery, 1316 10th St., 527-1214 

“Urban Re-Visions” Through May. 4: A two-person exhibition featuring the colorful anthropomorphic sculptures of Tim Burns and the figurative/narrative paintings of Dan Way Harper. Tues. - Sat. 11 a.m. - 5 p.m., Ardency Gallery, 709 Broadway, Oakland, 836-0831, gallery709@aol.com 

“Quilted Paintings” Through May 4: Contemporary wall quilts by Roberta Renee Baker, landscapes, abstracts, altars and story quilts. Free. The Coffee Mill, 3363 Grand Ave., Oakland 465-4224 

“Re: Figuration” May 10 through Jun. 8: A two-person exhibition by Jody Sears and Michele Ramirez. S ears presents sculpture made from wood, and Ramirez showcases her paintings of Oakland, its streets, people and geography. Tues. - Sat. 11 a.m. - 5 p.m. Ardency Gallery, 709 Broadway, Oakland, 836-0831 

“Jurassic Park: The Life and Death of Dinosaurs” Through May 12: An exhibit displaying models of the sets and dinosaur sculptures used in the Jurassic Park films, as well as a video presentation and a dig pit where visitors can dig for specially buried dinosaur bones. $8 adults, $6, youth and seniors. Lawrence Hall of Science, Centennial Dr., above the UC Berkeley campus.

Keanu Reeve’s Dogstar, Russell Crowe’s Thirty Odd Foot of Grunts, now Billy Bob Thornton… the list of crossover stars (or attempted crossovers) is longer than a Hollywood rap sheet.  

Before you shake your head at the latest actor moonlighting as a musician, it’s worth mentioning this: Thornton played drums and toured widely in his youth. In fact, he played in acts that opened up for such bands as Humble Pie and the MC5 before moving to Los Angeles and striking success as an actor.  

Stopping by the Fillmore in San Francisco this Saturday as part of a brief U.S. tour, Thornton will sing songs off his "Private Radio" album, released last fall. Self-described as a "Southern hippie music" artist, Thornton collaborated with country recording artist Marty Stuart for an album characterized by breathy, bluesy numbers heavy on wandering anecdotes and storytelling. 

The Daily Planet got a chance to speak with Thornton and catch up on his projects. 

Daily Planet: How ya been? 

Billy Bob Thornton: I’ve been great, just great. I just got back from Europe and we did our European tour. We went all the way from Dublin to Milan. We just had great shows everywhere, it was such a great thing. My record is very well respected over there.  

Why the two-week mini-tour now in the states? 

We were gonna do it last year, right when the record came out, but then 9/11 happened and so we had to cancel the whole tour. We were coming to the Fillmore then also. We just had to cancel because it was just not a time to be out there and frankly who wanted to be, you know what I mean? It was just such a dark time for everybody. 

When you’re up there on stage, how is it for you? Are you bothered that people are there to see you the actor or do you sense a lot of positive audience reaction to the music? 

We’ve only seen positive reaction to the music. I don’t know how it’s gonna be here in the states but in Europe – other than a couple of cities that are big film places like Milan and London - they were very good about it. And even the journalists, I did interviews with people where they never even mentioned the acting. It was really such a treat. I mean there will be those people who come out of curiosity, which I’m obviously prepared for because if you’re well-known in something, you can’t fault people for that, that’s their right. The thing is, it’s a very serious record which has been taken very seriously by the critics, and I’m making a new one now. I’m going to be having a recording career and touring all the time… Tom Petty and Johnny Cash and Sam Phillips are all big fans of the record so it’s gotten credibility which is great - that’s really what I wanted.  

I didn’t care if I sold twenty million records – I knew that wasn’t going to happen – and because when you’re playing roots music you just don’t sell that many records anyway... It’s a nice show and we’re real proud of it. If I wanted to do a vanity project, in other words, I’d make a more commercial record than this (laughs). 

From the publicity biography I read about you it seems as if you basically put music away for 15 years of your life. Why is all this musical output coming out now? 

Well, I never actually gave it up. I was always playing music and writing songs and stuff. What happened is you kind of have to go with where you’re making a living. And when I started in the mid-80s to scratch out a little bit of living as an actor I was just trying to get by. Then once I started to get little parts here and there on television and movies, option a screenplay, I just had to keep doing it to work. And then all of a sudden I get successful and then that takes off. 

The other thing is, I could’ve signed with a major label years ago just for my name. But I didn’t want to do that. I wanted to sign when someone talked to me about the music and it was for the music… Somebody compared my music to a mix between Leonard Cohen and Tom Petty. And that’s pretty accurate, not that I’m ever gonna be anywhere as good as those guys. I think my more up-tempo stuff is along the lines of the Byrds and Tom Petty and the darker, moodier stuff is more like Leonard Cohen, Tom Waits.  

So what are your filming plans for this year? 

I just finished a movie earlier this year in Montreal called, "Levity." And it stars myself, Morgan Freeman. It’s directed by Ed Solomon. And I start "Bad Santa" in July.  

I take it you’re Santa Claus. 

Yeah, in a way (laughs). You might say that. It’s a very, very funny, kind of dark comedy. It’s directed by Terry Zweigof. He lives up there… he’s wonderful. He’s doing this with me, that takes up July and August. And then I’ll probally start making another record. I love it so much.  

What do you find is the difference between being on stage as opposed to being on screen? 

Well, when you’re doing a movie, you’re there with a crew. Your audience is not there. The movie doesn’t come out for a year and when they see it you’re not there. Music is more immediate, more personal, because first of all, it’s just you - there’s nothing between the thing you’re putting out and the people. It’s just whatever’s in your heart. So it can be a little bit more exposing but at the same time you get such a charge from music ‘cause you’re there with the audience. And I like to be able to talk to the audience. The reason we’re playing places like this… you see everybody, they’re all right there with you. It’s also a place where you don’t have to play in bars where you see everybody but don’t necessarily want to, you know what I mean? That can be fun when you’re playing s---kicker music, but it can be not fun when you wanna play a ballad, believe me.  

So if it ever came to you making a film or making music, if it was either/or, what would you do? 

Well, they’re the same thing to me, there’s not a separation to me. Because it’s all art of some form. Whether you like it or don’t like it, it’s all entertainment for people, and it is all creative things coming out of your soul. I think writing is writing and since I do a lot of story songs, they’re real hard to separate… The award is if the people accept the music or the movie, that’s the award right there. I know that sounds like some sentimental, humble hogwash but these days, maybe a couple of years ago I wouldn’t have said that, but these days, frankly, I just don’t give a rat’s ass.  

It doesn’t matter? 

It doesn’t matter about awards ‘cause, that’s not what you’re doing it for. And if you are doing it for that reason you’re going down the wrong road. I do it ‘cause I love it.

Friday, May 17

The Learning Channel 

9 a.m. to 1 p.m. 

TLC, formerly The Learning Channel, will be holding a casting call for a reality show called Escape from Experiment Island. Participants will have to create a water or air craft to escape from the Hebrides Islands off Scotland. Show will shoot this summer. 

Meet outside Sproul Hall near Sather Gate at 9 a.m. 

The Berkeley Women in Black 

A Vigil every Friday from Noon to 1 p.m. 

Corner of Bancroft and Telegraph in Berkeley 

Everyone Welcome 

841-4143 

County Grant for the Arts Workshop 

The Art Commission will host four free workshops to assist organizations seeking grant funding. First-ever applicant must attend a workshop to be eligible to apply for and Artsfund grant. Reservations are required 

James Irvine Foundation Conference Center on Frank Ogawa Plaza, Oakland 

For reservations: 208-9646, shuss@co.alameda.ca.us 

Saturday, May 18

The Edible Schoolyard Plant Sale 

10 a.m. to 2 p.m. 

Buy flowers, fruits and vegetables from the Edible Schoolyard kitchen and garden 

Bring a container for free municipal compost 

Martin Luther King, Jr. Middle School 

1781 Rose St. at Grant St. 

Berkeley 

Strawberry Tasting & World Harmony Chorus 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Writer as Publisher: Independent Publishing Seminar 

Learn how at this all day seminar. 

9 a.m. - 4:30 p.m. 

Asian Cultural Center 

Pacific Renaissance Plaza 

388 Ninth Street 

Oakland 

510-839-1248 or www.writeraspublisher.com 

League of Woman Voters 

Call to annual meeting 

10:30 a.m. to 2 p.m. 

Northbrae Community Church 

941 The Alameda 

Please call to reserve a lunch ($11) and/or request a ride. 

843-8824 

3rd Annual Satsuki Arts Festival and Bazaar 

The Berkeley Buddhist Temple 

Featuring Bay Area and National Taiko drumming ensembles and Kenny Endo from Hawaii 

Monday, May 20

Build Your Dream-House for a Song 

(and own it free & clear in 5 years), author David Cook. 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Berkeley Gray Panthers 

Home owners meeting. Chuck Durrett of Co-Housing tells about his program. All welcome. 

3 p.m. 

Berkeley Gray Panthers office 

1403 Addison St. (behind Andronico's on University) 

548-9696 

Tuesday, May 21

The Art of Practice with Tom Heimberg 

Violinist with the SF Opera, Tom offers an overview that applies to all instruments. 

Musicians Union Local 6 

116 Ninth St. at Mission 

San Francisco 

415-575-0777 

$10 and free to local 6 members 

Strawberry Tasting 

Tasting & cooking demonstrations 

Berkeley Farmers' Market 

10 a.m. to 3 p.m. 

Derby Street at Martin Luther King, Jr. Way  

Free 

Arthritis Month Special 

Herbal alternatives & drug interactions for Fibromyalgia. Dr. Anita Marshall, Pharm.D., l.Ac 

12 to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

Wednesday, May 22 

Healthful Building materials 

Seminar by Darrel DeBoer 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Thursday, May 23

Senior Men's Afternoon 

Gay senior men discussion group, 2nd & 4th Thursdays. 

Pacific Center 

2712 Telegraph Ave. 

510-548-8283  

Free 

Fishbowl: "Everything you always wanted to know about the opposite sex but were afraid to ask" An opportunity to ask anonymous questions in a confidential and supportive environment. 

7:30 to 9:30 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut St., Berkeley 

510-848-0237 X 127 

$8-$10 

Attic Conversions 

Seminar by architect Andus Brandt 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Saturday, May 25

6th Annual Sidewalk Chalk Art Festival 

Everyone's welcome to participate in covering Solono's sidewalks with chalk art. Featuring refreshments and entertainment. Artist's chalk and a Polaroid of the finished work are available for a fee. To encourage early registration, a raffle for merchandise by local business will be held for the artists at noon.  

Registration at Peralta Park, 9 a.m. - 5 p.m., 1561 Solano Ave. Berkeley. 

For more information: 510-527-5358, www.solanoave.org. 

Free 

Cain & Abel- 1st Annual Stop the Violence Gospel Festival 

In Memory of Children Killed by Senseless Violence 

St. Andrews Baptist Church Gospel Choir, Family in Unity Gospel Choir, Our lady of Lourdes’ Men Gospel Choir, Lorrain Taylor, Michael Nelson, Praise Dancers, Testimonials, Display of Homicide Quilt, presentation by Students of Malcolm X Academy, Sermon by Rev. Ishmael Burch Jr., LeDoursey’s “Gone But Not Forgotten” Sky, Ronald DeVoyce Blackburn’s From-the-Cradle-to-the- Grave memorial candles, The Homicide Names Banner and Holman “Bob” Turner’s photographs of parents at the graveside or location where their child was killed. 

Noon- 6 p.m. 

St. Andrews Baptist Church 

2565 Post Street (at Lyon) 

San Francisco 

415- 292-5157 or 415-346-6500 

Free- contributions and donations appreciated 

Saturday & Sunday, May 25 & 26

19th Annual Himalayan Fair 

Outdoor celebration of the great Mountain Cultures! Authentic Himalayan Art, craft, Music & Dance, exotic food & stage entertainment. Benefits Himalayan Grassroots projects. 

Sat. 10-7, Sun. 10-5:30 

Live Oak Park 

Shattuck & Berryman 

$5-$7 Donation 

Sand Castle and Sand Sculpture Contest 

9 a.m. for participants registration 

9- 12 p.m. (Judging starts at noon) 

Crown Beach, Otis and Shore Line Drives 

Alameda 

For more information, call 521-6887 or 748-4565 

Free 

Maybe the St. Mary’s High baseball team should start a psychic hotline. 

A dramatic, prophesied walk-off home run by junior third baseman Chris Morocco propelled the Panthers into the BSAL championship match as St. Mary’s squeaked by the Piedmont High Highlanders 5-4 in North Berkeley Thursday afternoon. 

“That was just, like, the greatest thing ever!” gushed Morocco shortly after his teammates mobbed him at home plate. “A lot of my teammates came up to me and said, ‘you’re gonna hit a home run,’” he explained. “And then to go up there and do it, it’s awesome.” 

The climactic roundtripper capped a four-run late-inning comeback by the Panthers (13-12), who advance to face Albany in the championship game Saturday at 1 p.m. at Washington Park in Alameda. The winner of that game will receive an automatic trip to the North Coast Section playoffs. 

The Panthers emerged with the win despite a shaky outing by senior lefthander Joe Storno. St. Mary’s ace starter went the distance for the victory, but allowed four runs on eight hits. 

“I had gas but no movement,” Storno explained, noting that he pitched much of the game without his curveball. “But I knew we would fight back because that’s the way it’s been all year. I knew we were going to get some runs.” 

Piedmont junior righthander Nikhi Aurora, however, came out of the gate with guns blazing, deftly using a sharp curve and a liberal strike zone to punch out the first three Panther hitters – all looking – on only ten pitches. 

Highlander second baseman Jay Carson then put Piedmont on top in the second inning, crushing a mammoth homerun over the bleachers in leftfield with a man on for a quick 2-0 lead. 

The game briefly turned bizarre in the bottom of the second. After Panther centerfielder Chase Moore fought off a two-strike fastball to line a leadoff single to right, Storno struck a chopper to first. Highlander first sacker Pete Boyle threw to second to get the force out, but shortstop Josh Boltuch’s return throw sailed high into the fence along the first base line. 

The umpires, however, ruled Storno out, claiming that Moore had slid into Boltuch and not the base. In the ensuing argument Panthers assistant coach Don Diani was ejected and forced to leave the field. 

After order was restored, the Highlanders added to their cushion with single runs in the third and fifth. St. Mary’s chipped away with a single run in the fourth on a single by first baseman Peter McGuinness and a misjudged fly ball double to right by Moore.  

For the second week in a row, however, Piedmont watched a promising lead slip away in the late innings to the grit and tenacity of the Panthers. Rightfielder Tom Carman led off the fifth by lashing a line drive double to the wall in right-center. Designated hitter Jeff Marshall followed by driving a booming triple to almost the exact same spot, scoring Carman.  

Aurora then watched his defense fail him again, as leftfielder Marcus Johnson hit a line drive directly at his Highlander counterpart, Ryan Tovani. Tovani, however, broke in on the ball, and was unable to recover as the ball sailed over his head and to the wall for a double, scoring Marshall and cutting the deficit to 4-3. After a strikeout, Morocco singled sharply to left, plating Johnson with the tying run and chasing Aurora. 

“He’s been hitting the wall in the fourth or fifth inning for three or four games now,” Humphries said of his ace. “We were hoping he could work through it, but it didn’t happen.” 

For Piedmont (16-8), a journey to the postseason now rests on the hope of receiving an at-large bid. 

“I’m confident that we would have a chance to get in as an at-large,” said Mike Humphries, the Highlanders head coach. “That’ll give us a new lease on life. 

“It’s a tough way to lose a ballgame,” he concluded. “But you’ve got to give them credit. They never gave up.” 

The teams traded fruitless rallies in the sixth inning, threatening to send the game into extra frames. With one out in the bottom of the seventh, however, Morocco stepped up and deposited a 1-0 curveball from reliever Alex Danoff over the centerfield fence for the game-winner. 

“Kind of the whole season has been like that,” a jubilant Morocco said. “We just figure we’re gonna stick with it until the end.” 

Andy Shimabukuro, St. Mary’s head coach, credited that never-say-die attitude for the victory. 

“I just told the guys to hang in there. I knew Joe (Storno) wouldn’t let too many more come in,” Shimabukuro said. “I knew our offense would come alive after a little bit, just enough for us to win. 

“Now we just have to take our chances pitching by committee on Saturday.”

City Councilmember Linda Maio waded into school politics last week, moderating a meeting of high-powered activists — predominately African-American and Latino — intent on fielding more minority candidates for the November Board of Education race. 

“It was designed to be a starting point for a more diverse board,” Maio said. “If (the board) reflects the community, then what you bring to the table is a first-hand account of what the issues are for the community.” 

The meeting, held at the Emergency Operations Center at Cedar and Ninth streets, took place May 8 as the school board convened its bi-weekly meeting across town. 

The gathering drew about 25 activists, including representatives from the Parents of Children of African Descent, or PCAD, and Latinos Unidos. UC Berkeley researchers who studied issues of racial identity and performance at Berkeley High School in the late-90s through the Diversity Project also attended the meeting. 

Michael Miller, a member of PCAD, said the group agreed that the school system is not adequately educating African-American and Latino youth. 

“It’s no secret that the (high) school and the district are not serving all students,” he said. 

Irma Parker, PCAD member and coordinator of the high school’s Parent Resource Center, said the group wants to find candidates who are commited to closing the “achievement gap” separating white and Asian-American students from African-Americans and Latinos. 

“We’d like to see people of color,” she said, discussing the group’s candidate preferences. “A lot of the concerns of African-American and Latino parents, they’re not the concerns of white parents.” 

But Parker made it clear that the group would be open to white candidates who share a passion for “educational equity.” 

Parker said the group discussed several potential candidates, including some of the people present at the meeting, but did not get any commitments to run. 

Parker said the group will meet with two African-American candidates who have already declared, BHS student Sean Dugar and African-American Studies department chair and discipline dean Robert McKnight, at a May 23 meeting. 

PCAD has been a major voice in the movement to divide Berkeley High School into a series of compact, themed schools, in part to address the achievement gap. Some PCAD members have expressed reservations about McKnight’s candidacy, given his acknowledged support for small schools. 

But Miller said he is open to McKnight’s candidacy. 

“He seems like a very wise individual to me,” Miller said, arguing that McKnight has deep roots in the community and a solid knowledge of the school system.  

Miller said he hopes to speak with McKnight to get a better understanding for his positions on specific issues like small schools. 

Parker said she would be willing to meet with candidates other than McKnight and Dugar. Incumbents Shirley Issel and Terry Doran, and community activists Derick Miller and Nancy Riddle have also declared. Nutrition activist Joy Moore has expressed interest in running. Three slots on the five-member board are up for election in November. 

Maio said her involvement in school politics is appropriate. 

“I think the Council has to be involved,” she said, noting that the city funds several programs in the schools and that her constituents often contact her about school issues. 

Issel and Doran said they have no objection to Maio’s participation. 

“If this group wanted her help, then it seems considerate of her to provide it,” Issel said. “She’s just doing her job for her constituents and her city and the people who live in it.” 

Both incumbents said they agree with the group’s goal of diversifying the board. 

“If the board reflects the racial composition of your community, it has greater credibility,” Doran said. “It may provide avenues for greater communication between the diverse communities we have in Berkeley.” 

Maio said the group, as yet unnamed, agreed on several goals during the meeting, including: a diverse board, diverse schools, higher quality education, and full accreditation for the high school by the Western Association of Schools and Colleges, a regional accrediting group which has threatened to remove its seal of approval if BHS does not improve in 11 problem areas. 

Maio said she was pleased to use her office to get the group started, and will remain active, but has handed facilitation duties for the next meeting to Miller. 

Parker was reluctant to name individuals who attended the May 8 meeting, but said the group was composed of “distinguished” people. 

“This will become a very powerful group,” she said.

To the Editor: 

The Following are six excellent reasons why Berkeley City Council should vote to divest the city’s interests from Saudi Arabia: 

1. Saudi Arabia and other members of the Arab League still support the slave trade in the Sudan. Today there are between 600,000 and 1 million black slaves from Sudan, who have either been taken to the north of that country to work as domestics, or sold in other Arab countries. 

2. In Saudi Arabia and Iran, Christians and Bahais are punished for displaying crosses, jailed for praying in public, and in some cases punished by death for not complying with religious tenants. 

3. Women in Saudi Arabia who walk unaccompanied, or are in the company of men who are neither their husbands nor close relatives, are at risk of arrest on suspicion of prostitution or other "moral" offenses. 

4. Members of the Shi’a Muslim community in Saudi Arabia suffer systematic political, social, cultural as well as religious discrimination. 

5. Saudis are financially supporting the families of suicide bombers who indiscriminately kill civilians; thus they are supporting terrorism. 

6. The fact is that Osama Bin Laden and 15 of the Sept. 11 hijackers were of Saudi origin, and Saudi Arabia supported the Taliban government in Afghanistan. 

I hope the Berkeley City Council will consider these relevant points regarding the Mideast situation as they write their latest divestment resolution. 

- Rachel Schorr 

Berkeley

The Berkeley High boys’ lacrosse team slew an old foe on Thursday, beating University High (San Francisco), 8-6, in a Northern California semifinal game. The win put the Yellowjackets into the NorCal final on Saturday for a shot at the first CIF-sponsored title game in the sport. 

Nick Schooler, Berkeley’s leading scorer this season, broke a 6-6 tie with a goal with less than five minutes left in the fourth quarter. Schooler took a pass from Jesse Cohen 15 yards from the University goal and bounced a shot past goalie Paul Fenstermaker for a 7-6 lead. It was Schooler’s first point of the day. 

Sam Geller put the game away for the ’Jackets, although he did so against coach’s orders. Head coach Jon Rubin called a timeout with 1:40 left in the game and ordered the ball put in Geller’s hands to stall. Geller did a complete circle around the University goal before his defender slipped down. Taking advantage, Geller drove to the net and put a shot over Fenstermaker’s shoulder for a two-goal lead. 

“I didn’t want him to shoot, I just wanted him to hold the ball,” Rubin said. “It was one of those moments where you go ‘no no no!’, then ‘yes yes yes!’” 

Geller said he didn’t hesitate when he saw a hole in the defense. 

“We were coming down up one goal, and it was just a little longer to daylight,” the sophomore midfielder said. “Then the defenseman fell, and I saw the light.” 

The win was a landmark in several ways for the ’Jackets and their coach. It was Berkeley’s first win over UHS in seven years and put them in the NorCal final for the first time ever. The ’Jackets avenged a 7-6 loss to University earlier this season, a game several Berkeley players called their worst of the season. It was also the first time Rubin has beaten the Red Devils as a coach. 

“We’ve been looking forward to this game forever,” Geller said. “It’s been building up in us for so long. (University) has been motivation for us, and it feels great to beat them.” 

It looked as if Berkeley would blow the game open in the first quarter as the ’Jackets built a 3-0 lead in just four minutes. It took just three passes off of the opening faceoff for them to get their first score, with Dan Vilar finding Noah Flessell open in front of the goal. 

Berkeley got its next two goals by going right at All-American midfielder Colin Mistele. First Geller slid past Mistele and another defender to bounce a shot past Fenstermaker, then Cameran Sampson juked Mistele out of his jock before scoring on a left-handed shot. 

But the Devils showed why they earned the No. 2 seed, getting three goals before halftime to tie the score. Two of the goals came in the transition game, one of Berkeley’s few weaknesses. Mistele launched a shot completely past the Berkeley goal, but teammate Tom McKinley alertly backed up the shot and found Mistele crashing the net before the Berkeley defenders could react. 

University’s Jon Leung scored the only goal of the second quarter when a loose ball to the right of the Berkeley goal squirted out of a crowd right to his stick, giving him a one-on-one with goalie Marc Bloch. 

Berkeley again scored off the opening faceoff of the second half, as Vilar picked up the ball and found longstick middie Demetrius Sommers racing down the field. Sommers hit Cohen in stride for an open shot that found the net.  

Julian Coffman gave the ’Jackets a 5-3 lead with a laser of a shot from 20 yards out a minute later, but a penalty and some bad communication gave the Devils a two-man advantage. With Joaquin Palomino in the box for a slash, a Berkeley assistant coach signaled Vilar to leave the game. Vilar mistook the gesture and raced to play defense, drawing an offsides penalty that led to a goal by McKinley. 

But in a case of instant redemption, Vilar scored off of the ensuing faceoff when Sommers picked up the ball and again raced past the midfield stripe and well into University territory before offloading the ball for his second assist of the game, a rarity for a player who mainly plays defense. 

“I was just getting fastbreaks and diming people up,” Sommers said. “They put ‘em in the goal for me.” 

Mistele finally broke free for another goal late in the third quarter, coming off a stiff screen to take a pass from McKinley right in front of a helpless Bloch, and Berkeley’s lead was cut to 6-5. When Sommers was called for a slash, Leung scored his second goal of the game with just five seconds left in the penalty to tie the score with seven minutes left in regulation. 

Berkeley had lost all three of its close games this season, but Thursday was a different story. Coffman hit the post with another whistler from the top, showing that the ’Jackets weren’t going on the defensive, then Schooler and Geller’s goals put them over the top. 

“(University) got a lot of scrappy goals today, but I felt like we had momentum the whole time,” Rubin said. “We did what we needed to do to win: we got almost every groundball and we played solid defense.” 

The win likely gives Berkeley a shot at revenge on the only team they haven’t beaten: top-ranked St. Ignatius (San Francisco). The Wildcats were heavy favorites in their semifinal matchup with Bishop O’Dowd on Thursday, although results were unavailable at press time. St. Ignatius dealt the ’Jackets their only home loss of the season, a 10-9 slugfest that went down to the final minute. But Berkeley’s players and coaches agree that the Wildcats will see a different Berkeley team on Saturday. The game will be played at Kezar Stadium in San Francisco at 3 p.m. 

“I feel like we’re even with SI right now,” Schooler said. “They’ve got better attackers, we’ve got better middies, and our defenses are equal. But we’ve got a better goalie.” 

Sommers put it a bit more succinctly. 

“I’m so pissed off, I’m gonna come out on fire,” he said with a grin. “We’re just gonna take ‘em out.”

Peace proclamation approved in No. Calif. town 

Berkeley’s highly-scrutinized resolution calling for a quick end to the bombing in Afghanistan found an ally Wednesday night when the northern California city of Arcata passed a similar measure. 

Summoning community-wide attention, much the same way Berkeley drew impassioned onlookers on the night of Oct. 16 when its high-profile measure passed, the small, coastal community called for all governments of the world to “cease bombing and attacks on civilians.” 

The plea, which passed Arcata’s five-person City Council by a 3-1 vote, came as part of a short list of declarations that supporters say will help promote greater understanding and reconciliation amid the current international conflicts. 

“Peace begins at home,” said Thea Gast, an Arcata resident and former mayor. “I really believe that we need to take action at the grassroots level.” 

Arcata’s peace proclamation was introduced in January to an uncertain City Council that had seen the hostile reactions to Berkeley’s resolution last October. The council also had some negative experiences of its own when it passed a proclamation critical of the Gulf War in 1989. 

But after a petition drive that won more than 800 signatures, the Arcata-based Redwood Peace Coalition finally pushed their anti-war proclamation before city leaders. 

“We’ve always seen Berkeley as kind of our sister city. But we saw how watered down the [resolution] in Berkeley got, and that encouraged us to move forward with ours even more,” said Coalition member David Meserve. 

The Arcata proclamation, unlike the Berkeley resolution, doesn’t qualify its calls to stop the bombing with the clause “as soon as possible”, Meserve noted. 

However, the Arcata proclamation has been tempered since its original writing, he said. Specific demands on the United States were among the items dropped from the initial measure, he noted. 

Still, the proclamation submits a strong message of peace. “We seek alternatives to the use of military force in response to today’s threats and problems,” the proclamation reads. 

The Coalition began drafting a peace statement shortly after the war on terrorism began last year, Meserve said, but has since broadened the statement, in light of more recent events. 

“We’re still bombing Afghanistan,” Meserve noted. “And look what we’re about to do to Iraq.” 

Arcata’s peace proclamation requires one more reading before it is legally adopted, scheduled for June 5.

To the Editor: 

I was disappointed to read the recent spate of letters regarding ball fields in the new Eastshore State Park. I think that most people would agree that youth sports are a benefit to the community and that sufficient playing fields are needed. However, it does not follow that every available piece of land should be made into a ball field. Nor does it imply that anyone who opposes turning a particular piece of land into a ball field is an "eco-bully." 

The effort to make Eastshore State Park meet the needs of young ballplayers is an effort to turn a good thing of one kind into a poor thing of another kind. The Berkeley and Albany shoreline are among only a few remaining stretches of undeveloped shoreline in the East Bay. They provide precious habitat for many birds, fish, and other creatures that Berkeley residents would otherwise have to travel far to observe. 

They also provide for the kind of unstructured outdoor recreation that benefits people of all ages. The shoreline is great as a nature park. As a park full of ball diamonds, it’s windy and exposed, and it will never have enough parking (unless the rest of the park is paved over for the lot). It doesn’t make sense to ruin acres of potential habitat to create ball fields. 

Ball field supporters also ignore the fact that Eastshore is a state park, not a local or regional one. As such, it is charged with developing recreation opportunities that serve the needs of a wide range of state residents, not only those that live in Berkeley and will be able to make use of it for Little League games. No other state parks provide ball fields. A state park that preserves scarce Bay habitat is not the place to make an exception. 

Instead, Berkeley and Albany need to do what other cities do without the help of state parks, and provide enough municipal playing fields. 

- Jonna Anderson 

Berkeley

NEW YORK — The Fox network, stuck with sagging ratings and the end of two signature shows, will replace “Ally McBeal” this fall with another drama about lawyers produced by David E. Kelley. 

With “The X-Files” also ending its run, Fox will turn Sundays into a comedy night — part of an extensive overhaul that leaves only its Tuesday and Saturday night schedules intact. 

Meanwhile, the UPN network released a new schedule Thursday with three new series, including a remake of “The Twilight Zone.” 

Fox has seen audience erosion second only to ABC this year, slipping behind NBC and CBS in its target demographic of young adults. “The X-Files” and “Ally McBeal” badly faded in the ratings, and no breakout hits emerged to replace them. 

As a result, Fox is adding nine new programs — four dramas and three comedies — in the fall, and two non-scripted series and another drama in the winter. 

“We had to make some aggressive moves in order to show some growth on our network next year,” said Gail Berman, Fox entertainment president. 

“Dark Angel,” “Titus” and “That ’80s Show” were canceled, with “Andy Richter Controls the Universe” set to return in midseason. 

Kelley’s new drama, “Girls Club,” slips into the Monday time slot occupied by his old show, “Ally McBeal.” It focuses on the professional and personal lives of three 27-year-old female lawyers, friends since law school, in San Francisco. 

With its broadcast rivals airing dramas and “The Sopranos” returning on HBO, Fox opted for comedies in the Sunday 9 p.m. time slot vacated by “The X-Files.” “Malcolm in the Middle” will start a half hour later than it does now and a new family comedy, “The Grubbs,” will follow it. 

“It seems like such a wonderful alternative for families,” said Sandy Grushow, Fox Television Entertainment Group chairman. “If you want to end your weekend on a lighter note, there’s really no place else to go.” 

The acclaimed drama “24” will return for a sophomore season. After flirting with a change to a more traditional format, Fox will stick with having each episode be one hour in real time. 

Fox will run movies and specials on Thursdays until the winter. Then it will launch a new night of programming with two reality series and “Septuplets,” a drama about seven brothers and sisters about to turn age 16. 

Other new Fox programs are: 

—”Fastlane,” a drama about two undercover cops in Los Angeles, with “Beverly Hills 90210” actress Tiffani Thiessen as their boss. 

—”Firefly,” a science fiction series set in a war-torn world 800 years in the future, developed by “Buffy the Vampire Slayer” creater Joss Whedon. 

—”John Doe,” a drama about a mysterious man who knows virtually everything about the world but nothing about himself. 

—”Cedric the Entertainer Presents,” a sketch variety series led by the comedian. 

—”Oliver Beene,” a family comedy focusing on an 11-year-old in 1962. 

—”30 Seconds to Fame,” a weekly talent show that will debut on Thursdays in the winter. 

—”Meet the Marks,” the first obvious imitator of the reality sitcom genre created by “The Osbournes,” about actors set up in a real house rigged with hidden cameras. 

UPN is sticking with themes for its five broadcast nights: comedies with largely black casts on Monday, science fiction programming on Tuesdays and Wednesdays, professional wrestling on Thursdays and movies on Fridays. 

The latest remake of “The Twilight Zone,” with Forest Whitaker as host, will air Wednesday nights. “Haunted,” a dark supernatural drama, will follow “Buffy the Vampire Slayer” on Tuesday nights. 

UPN, after several years of trying to appeal primarily to teen-age boys and young men, is trying to broaden its focus. 

“UPN is the best place for you to reach 18-to-34-year-olds,” Leslie Moonves, the CBS president who is also overseeing corporate sister UPN, told advertisers. 

“Half and Half,” about two half-sisters with little in common, is a new comedy that replaces the cancelled “The Hughleys” on Monday night. 

Two other UPN shows that won’t be back next fall are “Roswell” and “Special Unit 2. 

CANNES, France — From “Star Wars” to a small Iranian film, offerings at Cannes are showing how digital cameras give new freedom to directors, whether they want to create dazzling asteroid showers or more intimate settings. 

Four of the movies in the Cannes Film Festival’s main competition were shot digitally. From China, Russia, Britain and Iran, they all went digital for different reasons. 

One director found that he could shoot in tight, enclosed spaces because digital cameras are smaller and don’t require as big a crew; another wanted to film 90 minutes in a single take. 

And then, of course, there’s the latest “Star Wars” movie, which screened out of competition. George Lucas was on the Croisette to show off his latest futuristic fantasy Thursday, the same day it opened in the United States. 

The movie was shot on digital cameras, and was shown in Cannes on a digital projector, which uses tiny mirrors, prisms and digitally stored images instead of celluloid reels. 

Lucas says digital moviemaking has opened up new possibilities and plot lines that were impossible when he shot his first “Star Wars” movies decades ago. When Yoda first appeared, for instance, in “The Empire Strikes Back,” he was a puppet and couldn’t move around much; in the new movie, “Attack of the Clones,” digital Yoda has a light-saber fight. 

Asked by a reporter whether Yoda had lost any “poetry” in the transformation, Lucas replied: “Whatever we may lack in poetry we make up for by the fact that I can do things that I couldn’t do (before).” 

Film purists say digital prints lack depth of field or a certain warmth that film captures. 

Proponents say digital is cheaper, saving the expense of film or big crews. Digital moviemaking has helped open the industry for cash-strapped directors. 

Cannes’ organizers want to show they’re open to the debate. This year, they fitted out two theaters with digital projectors and have invited about 10 directors to talk about going digital. 

Iranian director Abbas Kiarostami’s film “Ten” is worlds away from Lucas’ special-effects blockbuster. It’s about the emotional lives of six women. 

“It’s a film that takes place in a closed space — a car,” Marin Karmitz, who produced the movie, said in an interview. “It’s possible to forget the camera, to be just a witness.” 

Another movie up for the main prize at Cannes is Alexander Sokurov’s “Russian Ark.” It’s set in St. Petersburg’s Hermitage museum and is shot in a continuous 90-minute Steadicam shot. Britain’s Michael Winterbottom used digital cameras for his rock epic showing at Cannes, “24 Hour Party People.” 

“Unknown Pleasures,” by Chinese filmmaker Jia Zhang-Ke, is about two 19-year-olds wandering around the industrial city of Datong trying to figure out life. Jia says using a digital camera gave him freedom of movement. 

“I had the impression of being a poet from ancient times who was observing the surrounding landscape while listening to the sound of his own inner music,” Jia says.

Today is Friday, May 17, the 137th day of 2002. There are 228 days left in the year. 

Highlight: 

On May 17, 1792, the New York Stock Exchange was founded by brokers meeting under a tree located on what is now Wall Street. 

On this date: 

In 1875, the first Kentucky Derby was run; the winner was “Aristides.” 

In 1938, Congress passed the Vinson Naval Act, providing for a two-ocean navy. 

In 1939, Britain’s King George VI and Queen Elizabeth arrived in Quebec on the first visit to Canada by reigning British sovereigns. 

In 1940, the Nazis occupied Brussels, Belgium, during World War II. 

In 1946, President Truman seized control of the nation’s railroads, delaying a threatened strike by engineers and trainmen. 

In 1948, the Soviet Union recognized the new state of Israel. 

In 1954, the Supreme Court ruled in its Brown vs. Board of Education of Topeka decision that racially segregated public schools were inherently unequal. 

In 1973, the Senate opened its hearings into the Watergate scandal. 

In 1980, rioting that claimed 18 lives erupted in Miami’s Liberty City after an all-white jury in Tampa acquitted four former Miami police officers of fatally beating black insurance executive Arthur McDuffie. 

In 1987, 37 American sailors were killed when an Iraqi warplane attacked the U.S. Navy frigate Stark in the Persian Gulf. (Iraq and the United States called the attack a mistake.) 

Ten years ago:  

Pro-democracy protests began in Thailand; in four days of clashes with troops, 44 people reportedly were killed, although activists charged that hundreds died. Orchestra leader Lawrence Welk died in Santa Monica, Calif., at age 89. 

Five years ago:  

Rebel leader Laurent Kabila declared himself president of the Democratic Republic of the Congo, formerly Zaire. Russia’s Mir space station got a new oxygen generator and a fresh American astronaut, courtesy of the space shuttle Atlantis. “Silver Charm” won the Preakness, two weeks after winning the Kentucky Derby. (However, Silver Charm failed to win the Belmont Stakes.) 

One year ago:  

President Bush unveiled his energy plan, bracing Americans for a summer of blackouts, layoffs, business closings and skyrocketing fuel costs and warning of “a darker future” without his aggressive plans to drill for more oil and gas and rejuvenate nuclear power. 

Today’s Birthdays:  

Former Watergate special prosecutor Archibald Cox is 90. Opera singer Birgit Nilsson is 84. Actor-director Dennis Hopper is 66. Rhythm-and-blues singer Pervis Jackson (The Spinners) is 64. Singer Taj Mahal is 60. Singer-songwriter Jesse Winchester is 58. Actor Bill Paxton is 47. Boxing Hall-of-Famer Sugar Ray Leonard is 46. Actor-comedian Bob Saget is 46. Singer Enya is 41. Actor Craig Ferguson (“The Drew Carey Show”) is 40. Singer-musician Trent Reznor (Nine Inch Nails) is 37. Rhythm-and-blues musician O’Dell (Mint Condition) is 37. Actress Paige Turco (“The Agency”) is 37. Singer Jordan Knight (New Kids on the Block) is 32. Rhythm-and-blues singer Darnell Van Rensalier (Shai) is 32. Actor Hill Harper is 29. Singer Kandi Burruss is 26. Actor Tahj Mowry is 16. 

CANNES, France — From “Star Wars” to a small Iranian film, offerings at Cannes are showing how digital cameras give new freedom to directors, whether they want to create dazzling asteroid showers or more intimate settings. 

Four of the movies in the Cannes Film Festival’s main competition were shot digitally. From China, Russia, Britain and Iran, they all went digital for different reasons. 

One director found that he could shoot in tight, enclosed spaces because digital cameras are smaller and don’t require as big a crew; another wanted to film 90 minutes in a single take. 

And then, of course, there’s the latest “Star Wars” movie, which screened out of competition. George Lucas was on the Croisette to show off his latest futuristic fantasy Thursday, the same day it opened in the United States. 

The movie was shot on digital cameras, and was shown in Cannes on a digital projector, which uses tiny mirrors, prisms and digitally stored images instead of celluloid reels. 

Lucas says digital moviemaking has opened up new possibilities and plot lines that were impossible when he shot his first “Star Wars” movies decades ago. When Yoda first appeared, for instance, in “The Empire Strikes Back,” he was a puppet and couldn’t move around much; in the new movie, “Attack of the Clones,” digital Yoda has a light-saber fight. 

Asked by a reporter whether Yoda had lost any “poetry” in the transformation, Lucas replied: “Whatever we may lack in poetry we make up for by the fact that I can do things that I couldn’t do (before).” 

Film purists say digital prints lack depth of field or a certain warmth that film captures. 

Proponents say digital is cheaper, saving the expense of film or big crews. Digital moviemaking has helped open the industry for cash-strapped directors. 

Cannes’ organizers want to show they’re open to the debate. This year, they fitted out two theaters with digital projectors and have invited about 10 directors to talk about going digital. 

Iranian director Abbas Kiarostami’s film “Ten” is worlds away from Lucas’ special-effects blockbuster. It’s about the emotional lives of six women. 

“It’s a film that takes place in a closed space — a car,” Marin Karmitz, who produced the movie, said in an interview. “It’s possible to forget the camera, to be just a witness.” 

Another movie up for the main prize at Cannes is Alexander Sokurov’s “Russian Ark.” It’s set in St. Petersburg’s Hermitage museum and is shot in a continuous 90-minute Steadicam shot. Britain’s Michael Winterbottom used digital cameras for his rock epic showing at Cannes, “24 Hour Party People.” 

“Unknown Pleasures,” by Chinese filmmaker Jia Zhang-Ke, is about two 19-year-olds wandering around the industrial city of Datong trying to figure out life. Jia says using a digital camera gave him freedom of movement. 

“I had the impression of being a poet from ancient times who was observing the surrounding landscape while listening to the sound of his own inner music,” Jia says.

By Peter Crimmins 

Special to the Daily Planet 

There once was a time when “trash” cinema was literally that: after the biker flicks, the nudist-colony one-reelers, the juvenile delinquents and the medical grotesqueries traveled the national grindhouse circuit, edited and re-edited by their ex-carnie exhibitors per whatever regional censor board would allow, the celluloid would be stripped of whatever valuable silver nitrate could be removed and the remains dumped in the ocean – like so many Hollywood dreams – off the coast of Los Angeles. 

Today, trash film exists mostly on video, care of para-cinema and psychotronic distribution companies catering to a young generation with a strong sense of irony, and the occasional narcotized midnight screening. It also exists in academia. What were once guilty pleasures and secret perversions have in the past several years become fodder for university study. 

Many thinkers of sex and violence in cinema from America and Europe are converging in Berkeley this weekend at the Pacific Film Archive to attend “Born To Be Bad: Trash Cinema From the 1960’s and 70’s” conference and film festival. Spearheaded by UC Berkeley Ph.D. student Tamao Nakahara, the conference will bring over 20 professors and graduate students to speak on subjects once thought too tasteless or too foolish to consider in ivory towers. 

Nakahara said many grad students with a love for trashier fare find upon entering university programs that they cannot indulge their intellectual energies studying it. This weekend will be a confluence of closeted interests: “Recontextualizing the Historical Reception of Blaxploitation: Articulation of Class, Black Nationalism, and Anxiety in the Genre’s Advertisements,” “Trash and Transgression: Gross-Out Aesthetics and the Late 70’s Avant-Garde,” “Twilight of the Third Sex: The Familiar Spirit of Lesbian Pulp Films,” etc. 

Does this mean the pleasures and rough-hewn profundities of sexploitation and blaxploitation and even “nunsploitation” will be buried in a landfill of Ph.D. papers with high-falutin’ 5-syllable words? UC Berkeley professor Linda Williams points out the problems of treating low-brow fare with high education in the forward to her influential book “Hard Core: Power, Pleasure, and the ‘Frenzy of the Visible’”, a major genre study of pornography. In a swift and succinct maneuver to lay aside questions of her own motivations, Williams writes “…even though I know that the slightest admission that not every image of every film was absolutely disgusting to me may render my insights worthless to many women, I also know that not to admit some enjoyment is to perpetuate an equally invidious double standard that still insists that the nonsexual woman is the credible, ‘good’ woman.” 

Williams, who is scheduled to appear at the conference, writes that she began her book project as a look into what she calls “body genre,” films focusing on body movement and body spectacle (comedy, horror, melodrama, eroticism) designed to elicit a physical reaction from the audience in the way of laughter, terror, crying, or arousal. She discovered a wealth of overlooked material on the often maligned and dismissed porno shelf, where a parallel movie industry not only rips off Hollywood movies, but also – considering “Boogie Nights” and the Calvin Klein kiddie porn ads – influences mainstream media, a la “porno-chic.” 

Trash cinema wouldn’t exist without Hollywood. As Joan Hawkins points out in her book “Cutting Edge: Art-Horror and the Horrific Avant-Garde,” the producers of exploitation and slasher films define themselves against popular cinema. It’s something trash shares with the avant-garde. Psychotronic movies and art cinema, Hawkins writes, are “a reaction against the hegemonic and normatizing practices of mainstream, dominant Hollywood production.” 

Hawkins will be at the conference to present her thoughts on “Gross-Out Aesthetics and the late 70’s Avant-garde.” As a professor at the University of Indiana, Bloomington, Hawkins has been teaching the popular “History and Politics of Horror” class, and she finds similarities between the low-brow gore flicks and the transgressive artwork of the 20th century avant-garde who dig into imagery of Freudian unconscious and thumb their noses at society. “Surrealists loved the transgressive elements of horror films,” she said in an interview on KALX radio last year. 

There is a handful of films being screened to complement all the talking about films this weekend. PFA curator Steve Seid has put together three programs of sleazy films for Friday, Saturday, and Sunday evenings. “Color Me Blood Red” (Friday, 9p.m.) is by “gore guru” and quintessential exploitation producer Herschell Gordon Lewis. The 1965 film in full bloody Technicolor follows a painter who discovers a grisly way to maintain inspiration by keeping his palette vibrant with the blood of pretty young models. 

On Saturday night a pair of skin flicks will be presented: “Agony of Love” (1966) about a bored, buxom housewife, and “The Student Nurses” (1970) about four R.N.’s-to-be caught between hospital bureaucracy, hippie love-ins, randy doctors, and an armed, grass-roots revolution. Featuring a perfunctory discussion of Herman Hesse’s “Steppenwolf,” Latino street theater, and a terminally ill patient with Edgar Allen Poe on the brain, each plot dilemma is approached with varying degrees of stilted dialogue and topless-ness. A paper about “The Student Nurses” and its director will be presented at the conference on Saturday (“Stephanie Rothman: Feminist Filmmaker of Sexploitation Comedies”) and Stephanie Rothman herself will present to introduce the screening of her film. 

Also screened will be two films by George Kuchar: “Color Me Shameless” and “Corruption of the Damned.” The films are usually regarded as part of the 1960s underground and avant-garde cinema, although they also have much of the spirit of exploitation films.  

Kuchar and his twin brother Mike Kuchar began making films together when they were young, and learning techniques by watching movies.  

“I loved going to the movies,” said George Kuchar, who now teaches at the San Francisco Art Institute. “I liked Douglas Sirk melodramas. My brother liked Hercules pictures.” His brother Mike initially began making “Corruption of the Damned” and shot a few love scenes before he became disinterested and handed it over to George who shot a few action scenes. 

“I like big scenes,” said George. “I didn’t see why you need shots of doors and people coming in and out of buildings to let them know where they are. Establishing shots? I got tired of that after awhile. I did it, but I said to hell with that, let’s just get to the big scenes.” 

Kuchar said he once had dreams of become the head of a movie studio, with a roster of stars to make the films he wanted to make. But the professionalism needed to run a business and turn out hits turned him off. Too much pressure, he said, will make a person never want to make a picture. “When I got to work with actors I realized they wanted to know what the part was all about, and many times I wouldn’t know and they would get irritated. I felt they were different breed of people and possibly I couldn’t work with them because I wouldn’t have answers to their questions. I liked experimenting.” 

With the sensibility of avant-garde and the heart of schlock, Kuchar’s films were, and are, embraced by the underground. That “Corruption of the Damned” might not stand up to plot scrutiny, and that much of it doesn’t make sense, is OK with the viewers it attracts; it’s another way underground cinema and high art cinema relate, says Professor Hawkins. “Horror audiences, like avant-garde audiences, are willing to live with a large degree of plot ambiguity.”

Couple scales Everest 

SEATTLE — Phil and Susan Ershler have scaled Mount Everest, becoming the first couple to climb the highest peaks on each of the world’s seven continents together, a spokesman said. 

The Ershlers spent a few minutes taking photographs after reaching the 29,028-foot summit Thursday before beginning the four- or five-hour descent to their highest camp, said publicist Dan McConnell. 

Phil Ershler, 51, a professional guide who in 1984 became the first American to climb Everest via the North Wall through China, and Sue Ershler, 46, a former telecommunications executive, left Seattle in March. 

Burglar returns for underwear  

NORTH PLATTE, Neb. — Gunfire was not enough to deter a suspected burglar from allegedly returning to the scene of a break-in to steal women’s underwear, police said. 

David Diaz Jr., 32, of North Platte, was charged with burglary and possession of cocaine Monday after his Saturday arrest. Bond was set at $15,000. 

Police said Diaz broke into the mobile home of a 49-year-old woman who woke up when she heard someone entering a window. 

The woman told police she grabbed a pistol, confronted the suspect and fired a shot in his direction when he stepped toward her. He was not injured. 

The man fled out a back door as the woman ran out the front to a friend’s home to call police, investigators said. 

Officers later caught the suspect leaving the trailer. Police said he apparently had gone back inside and had stuffed his pockets full of ladies undergarments. 

Berkeley loves to emphasize its diversity, but all too often ignored among the hodgepodge of ethnicities, religions, nationalities, and linguistic groups is a proud community of dedicated science fiction fans. 

On Wednesday night, this unsung subculture celebrated its Cinco de Mayo, Saint Patrick’s Day and Christmas Eve all wrapped into one – the premiere of “Star Wars: Attack of the Clones.” 

But an evening that three years ago would have been welcomed with colorful costumes and festive excitement, now seemed relatively sedate. Mixed with anticipation for the latest installment, was a sense of trepidation about what they were to soon see, and the lingering question, "Could this possibly be as bad as the last one?" 

Like a country whose ballyhooed national team lost in disgrace, many Star Wars super-fans were still reeling from the series’ last release – "The Phantom Menace." 

Fan headquarters 

Perhaps the best place to gauge the sentiment of the die-hard fans on opening night was at Games of Berkeley. 

There, tucked away in a basement room, reclining around a Dungeons and Dragons game sat Nick Tulach, Brian Mosely, Fred Golightly, and "Big Man" – four hardcore fans so disenchanted with "The Phantom Menace" they only saw it about three or four times. 

Of the four, only Golightly planned to attend the midnight premiere. The others knew they would see it this weekend, and again after that, but acknowledged that the failure of the last episode had chilled their ardor. 

"There was no emotion," said Golightly. "In Dagobah [a planetary system from "The Empire Strikes Back"] Yoda showed a lot of emotion with Luke, then in the prequel, everyone is an unemotional drone." 

"What is the important transformation," wondered Mosely. "A whiny kid to a whiny teenager?" 

Tulach agreed, "We’re all looking for characters that we can love and latch on to. We really want it to be good, but we’re bludgeoned with toys and marketing. We can see though that now. We want deeper meaning." 

"Big Man" had other ideas. "I’ll rate it on a scale of one to 100, starting at 100 and subtracting the percentage of clothes Natalie Portman is wearing," he joked. 

For the sell-out crowd lined up outside Berkeley’s UA 7 Theater shortly before 11 p.m., the failure of the last movie had clearly taken its toll as well. Except for one loyalist in a Yoda costume, everyone seemed to be dragged to the theater by someone else. 

"My brother brought me here," said Marcelo Acevedo who then admitted that he was a big fan of the series. 

Erik Kieckhafer just happened to be in town on business and his hosts thought it sounded like a fun idea. 

But when the revealing lights of the lobby gave way to the anonymous darkness of the theater, the party finally started. 

Party starts 

The predominantly college student crowd expected first-rate action to cheer and sixth-grade romance heckle, and George Lucas delivered both in abundance. 

The audience ate up the love story between Anakin Skywalker and Senator Amidala, which Nickelodeon couldn’t have scripted any better. 

In one scene after the budding romance was teased, the crowd cooed wickedly, as Anakin was shown topless, covered only from the waste down, sweating and writhing in his bed. Turned out he was just dreaming about mother. 

Part adolescent whiner, part rebellious heartthrob, Anakin seems more plausibly the love child of Luke Skywalker and Hans Solo than the product of divine conception. 

Yet, somehow Lucas seemed to put his movie-making force into balance. The special effects were spellbinding and the goofy dialogue produced more laughs than sneers. 

As the movie sprinted toward its climax, Lucas finally delivered the emotion fans had clamored for. 

After a movie and a half of portraying the seemingly lobotomized Jedi Master Mace Windu, Samuel L. Jackson was finally permitted to be Samuel L. Jackson. The audience roared with approval, when he icily told the evil Count Dooku, "This party’s over." 

Several minutes later, when Yoda reached for his light saber, a deafening cheer filled the theater lasting throughout the battle scene. Shortly thereafter the movie ended, and the previously skeptical fans seemed relieved to give it a well-deserved ovation.

Oakland - Partnerships among local artists and public school teachers in Berkeley will allow arts education to flourish in classrooms thanks to a $70,000 grant from the National Endowment for the Arts. 

ARTS Ed, the arts education initiative of the East Bay Community Foundation, and its consortium partners have been awarded a $70,000 grant from the NEA. ARTS Ed, Julia Morgan Center for the Arts, Berkeley Unified School District and the Berkeley Arts in Education Steering Committee will use the funds to expand the ability of school administrators, teachers and parents to sustain arts programs in their schools. 

"The deeper advantages of arts in the schools will be seen locally thanks to the support of the NEA," said Elena Ronquillo, ARTS Ed Director. "Partnerships of community arts organizations, artists, classroom teachers and parents have been shown to provide systems of support that help students do their best. We are very pleased to champion creative approaches to teaching and learning." This grant will help ensure that schools receive and integrate community arts resources into the classroom. Teachers, administrators and parents will benefit from customized training sessions led by local artists and acknowledged experts that will enable participants to better integrate arts education into their school day. Artists from the Julia Morgan Center for the Arts will provide training to teachers and administrators in the Berkeley Unified School District. ARTS Ed will offer additional professional development workshops and presentations to supplement this work. All partners will work together to plan, schedule and evaluate the program. 

According to Sabrina Klein, Executive Director of the Julia Morgan Center for the Arts, "Artists and teachers share so much in their work, and yet so often work in isolation from each other in a way that is detrimental to both. This detriment in turn becomes a loss in the classroom. Teaching partnerships vitalize and engage artists, teachers, students and the whole school environment in a way that is life altering for everyone involved. The benefits to students and teachers keep unfolding throughout the educational cycle, and continue as well to reveal themselves in the artists’ work for years to come." 

The NEA released a total of $60.7 million to arts groups around the country in the second and largest round of grants for the fiscal year 2002. The ARTS Ed initiative is one of 47 Bay Area organizations that will split $918,000 in grants. 

ARTS Ed, an initiative of the East Bay Community Foundation, supports partnerships with arts organizations and schools to ensure creative learning experiences for children in the East Bay. Founded in 1928, the East Bay Community Foundation manages more than 400 charitable funds and over $130 million in donor assets in service of the residents and diverse communities of Alameda and Contra Costa counties. Last year the Foundation granted more than $16 million to nonprofit organizations. 

For more information, visit www.eastbaycf.org and www.artsedeastbay.org or call 510/ 836.3223. 

Question: 

I am a landlord with a question about security deposit interest. I put the deposit money in an interest bearing account and I pay the interest it earns every December to the tenants. However, every year I have to pay taxes on that deposit interest. Can I deduct the taxes I pay on the deposit interest from the interest I pay to the tenants? 

Answer: 

No. But you might want to check with a tax advisor to see if, while declaring the interest income on your tax return, you can deduct the interest paid as a business expense. 

Question: 

I have a tenant who has lived in an apartment I own for 14 years. When he moved in, he paid a $300 security deposit. Now the rent is $710, so the deposit wouldn’t nearly cover any loss of rent or repairs if the tenant defaults on a payment or destroys something. I would like to increase the security deposit to cover at least one month’s rent, and ideally, to increase it with each annual rent increase. Is this possible? 

Answer: 

No. Rent Board Regulation 705 prohibits any increase in the security deposit amount during the term of a tenancy.  

Question: 

I moved out of my apartment two weeks ago, and I just got my deposit back. My landlord has withheld a fee for rent I supposedly paid late in June of 2000 that I was never billed for or notified of. The fee was just subtracted from my deposit. Is that legal? 

Answer: 

It’s not clear. You may be able to contest whether your rent was in fact late, or the amount of the charge (if it seems too high), but if your lease specifies a reasonable late fee and you were actually late, then your landlord can probably deduct it from your security deposit. However, having waited almost two years, an argument can be made that the landlord has waived his right to recover this charge. Unfortunately, if you want to challenge this deduction, you’ll have to seek a ruling in small claims court. 

You can e-mail the City of Berkeley Rent Stabilization Board at rent@ci.berkeley.ca.us for individual questions, or you can call or visit the office at 2125 Milvia Street, Berkeley, CA 94704 (northeast corner of Milvia/Center Streets) Monday, Tuesday, Thursday and Friday, between 9 a.m. and 4:45 p.m., and on Wednesday between 12:00 noon and 6:30 p.m. Our telephone number is (510) 644-6128. Our website address is www.ci.berkeley.ca.us/rent.

LOS ANGELES — California violates a federal law requiring that it provide education help to its poorest children, although it is receiving $1.2 billion in federal funding this year for that purpose, a civil rights group said in a report issued Thursday. 

The failures put California at risk of losing that federal funding, which is provided under Title I of the Elementary and Secondary Education Act, according to the Citizens Commission on Civil Rights. 

State Secretary of Education Kerry Mazzoni denied the state is about to lose any funding, calling the report’s conclusions “inaccurate and outdated.” 

California is ahead of other states in the “No Child Left Behind” federal program enacted last year, Mazzoni said, by testing students in more grades, by its measures of accountability of school programs and in creation of training programs. 

The civil rights group’s report acknowledged California has made some progress, including rewards for schools showing improvement in student test scores. But the state also created difficulty for school districts by altering “the measures districts use to assess school performance, the standards they use to determine whether schools are effective, and the resources available to low-performing schools,” the commission said. 

“Lack of implementation of Title I, is one key reason the state lags behind most of the nation in student achievement,” said Dianne M. Piche, executive director of the 20-year-old nongovernment commission, which promotes civil rights progress. 

The commission said California gives insufficient funding to schools serving the most needy students, and in testing for accountability of education programs it has shut out more than 900,000 students, including those with limited English and students with disabilities. 

About 400,000 California students were not included in test results because they had not been in schools the state-required minimum of one year, state education officials said Wednesday.

SAN FRANCISCO — California’s $23.6 billion budget deficit exposed a glaring financial weakness that lawmakers knew about but didn’t want to think about — the state’s dependence on money collected from relatively few taxpayers profiting from steadily rising stock prices. 

An estimated $17.3 billion of the budget gap, or almost three-fourths of the deficit, is tied to the stock market’s 2-year-old slump, according to the state Department of Finance. 

Most of the money was supposed to come from roughly 5 percent of the state’s taxpayers expected to cash in on higher stock prices. 

But the sharp decline in stock prices has wiped out most of the shareholder windfalls enjoyed during the last half of the 1990s and early 2000. The Nasdaq stock index, a benchmark that tracks many of the high-tech companies fueling the California economy, has plunged 66 percent from its March 2000 peak. 

The reversal of fortune left the state with less money to tax. 

The state’s estimated stock market losses include lost opportunities to collect revenue from activities unlikely to occur because investors won’t be reaping the same kinds of profits they did in the boom years. 

For instance, the state doesn’t expect to collect as much sales tax on luxury items, such as cars and jewelry. 

It’s a financial hangover that might linger for years unless lawmakers find revenue sources more reliable than the volatile stock market. 

“We should rethink how California should structure its tax system in the future,” Gov. Gray Davis said Thursday. Covering the shortfall for the new fiscal year beginning July 1 is a bigger priority right now, Davis added. 

The dangers of relying on a steady stream of stock market windfalls wasn’t a secret in the state’s Capitol, said Ted Gibson, California’s chief economist for seven years before leaving the job late last year. 

But it was easy to forget about the possible downside during the exuberance of a dot-com boom that made investments in the high-tech industry seem like easy money. 

“The Legislature was no different than the investor on the street at the time,” said Gibson, now an economic adviser for Metropolitan West Financial and Strategic Services. “Everyone thought they had found a magic money machine. We all knew that was crazy, but everybody was caught up in the mania.” 

Other analysts are more forgiving. 

“This the worst volatility we have ever seen. I don’t believe anyone could have planned for a drop like this,” said Jean Ross, executive director of the California Budget Project, a nonprofit research group. 

The state’s addiction to revenue generated from stock market profits and other capital gains began to accelerate in the mid-1990s, just as excitement about the Internet economy began to escalate. 

During California’s budget year ending in June 1996, the stock market and other capital gains accounted for $2.6 billion of a $46.3 billion budget — 5.6 percent of the total revenue. Five years later, the stock market and other capital gains generated $17.6 billion of a $71.4 billion budget — 24.6 percent of the total revenue. 

The revenue from the stock market and capital gains is expected to dwindle to $7.2 billion, or 9.2 percent of the budget, in upcoming years. 

California isn’t the only state battling budget problems tied to the sliding stock market. 

New York, New Jersey and Virginia are among the other states that have lost a significant amount of taxable income during the stock market’s downturn, said Scott Pattison, executive director for the National Association of State Budget Officers. 

Like California, those states benefited from a small number of taxpayers who capitalized on rising stock prices or received bonuses tied to the stock market, Pattison said. 

In California, state Sen. Steve Peace, D-La Mesa, has introduced a bill recommending that the Legislature lessen the state’s dependence on the stock market by lowering the capital gains tax and drawing more money from sales taxes and taxes on the property owned by businesses. 

Peace’s ideas likely would face fierce opposition from businesses. 

“There are no easy solutions,” Gibson said. “We got ourselves into a situation where we have lasered in on a small group of people who are taking big risks with their income.” 

SAN FRANCISCO — Amgen Inc. shareholders on Thursday approved the company’s proposed acquisition of rival Immunex Corp. 

Immunex shareholders were expected to approve the biotechnology industry’s largest merger later Thursday. Health care company Wyeth, which owns 41 percent of Immunex’s stock, has said it would vote for the deal. 

Federal regulators still need to approve the deal, which would create a biotechnology company with a market capitalization of about $67 billion. Company executives said they expect the Federal Trade Commission’s approval some time this year. 

To allay any possible regulatory concerns, Immunex earlier this month sold its Leukine cancer-fighting drug to Schering AG for $380 million. Leukine is similar to Amgen’s Neupogen. 

Amgen, based in Thousand Oaks, offered $14.8 billion in stock and $2 billion in cash for Seattle-based Immunex when the deal was announced Dec. 17. 

Since then, Amgen’s stock has dropped nearly 15 percent from $59.49 a share when the deal was announced. Amgen’s share price was down $1.01, or 2 percent, to $50.34 in late afternoon trading on the Nasdaq Stock Market on Thursday. Immunex was down 55 cents, or 2 percent, to $26.36 in trading on the Nasdaq. 

Once the deal closes Amgen — which also makes the blockbuster anemia drug Epogen — also will own Enbrel, a drug that treats rheumatoid arthritis. 

Enbrel accounted for about $750 million in sales last year and could reach $3 billion annually by 2005, Amgen chief executive Kevin Sharer has said. 

On the Net: 

Amgen: http://www.amgen.com 

Immunex: http://www.immunex.com 

Dear Tom and Ray: 

Whenever I find a pesky nail in my tire, I take it to a service station or tire store and have them “plug” it. A friend of mine told me I should have an internal “patch” installed instead, because a plug will weaken the internal bands within the fabric of the tire. Which is better, plugging or patching?  

- Richard 

TOM: My brother was asking the same thing the other day. But he was talking about his own bald spot. 

RAY: The safest thing is to do both, Richard. If you ask anyone involved in auto safety, they’ll tell you that a combination patch/plug is the best way to go, and our lawyers have told us that we agree. 

TOM: Here’s how a plug works: You remove the nail or sharp object, and then you make the hole bigger -- usually 1/4 inch or so. You do this to make the hole the right size for the plug and to create a uniform surface for the plug to adhere to. Then you force the plug into that hole, along with the appropriate cement, and you’re done. 

RAY: Safety advocates say that this is not a perfect solution -- although, to be fair, people have been successfully plugging tires since Ben Hur was running over Coliseum debris in his chariot. And the great advantage of a plug is that it costs about five bucks. 

TOM: A safer solution involves adding an internal patch to the plug. To install a patch, you have to remove the tire from the rim and cement a rubber patch over the hole on the inside of the tire. That pretty much ensures that no air is going to leak out. But now you’ve turned a $5 repair into a $25 repair. 

RAY: So what you do probably depends on several factors. One is the size and type of the hole. A small nail that went straight through the tread is a better candidate for a plug than a jagged rock you ran over. 

TOM: The age of your tires also makes a difference. If you have less than 50 percent of your tread remaining, or if your tires are more than three years old, you should either patch/plug or consider just buying new tires. 

RAY: The quality of your tires can also affect your decision. If you just bought four $150 Michelins, you’d be more likely to “fix them right” with a patch/plug combination than throw them out or just plug them. 

TOM: And the type of driving you do can make a difference. If you do a lot of high-speed driving or you live in a hot-weather area, you’d be wise to patch/plug or simply replace a damaged tire. 

RAY: We should mention that all of these repairs are only for tread punctures. Under no circumstances should you ever try to fix a damaged sidewall. It won’t work, and it’s dangerous to attempt it. 

TOM: In your case, Richard, since running over nails seems to be a common occurrence, it might make more economic sense to use plugs. As for my brother, I’m recommending that he skip the plugs and go right to the “spray-on hair in a can.”

RAMALLAH, West Bank — Facing pressure from the United States, Europe and his own people, Palestinian leader Yasser Arafat agreed Thursday to hold presidential and parliamentary elections within six months. 

Arafat’s decision came as Palestinian legislators mounted their most high-profile challenge yet to the Palestinian leader, calling for elections within a year and a new Cabinet within 45 days. 

Early Friday, violence erupted in the West Bank. More than 20 Israeli tanks and other armored vehicles entered the Palestinian city of Jenin before dawn and soon after, gunfire and explosions were heard, Palestinian residents of the city said. 

There was no immediate word on casualties and the Israeli military declined immediate comment. 

Previous attempts to reform Arafat’s administration have led to few significant changes, with Arafat ignoring laws passed by parliament as well as decisions by the judiciary. The proposed election would be the first time Arafat faced the voters since he was overwhelmingly elected president of the Palestinian Authority in 1996. 

“President Arafat has set a program for reform and changes,” said Ahmed Abdel Rahman, secretary general of the Palestinian Cabinet. 

“The core of the changes will be conducting general elections in a period that will not exceed four to six months,” he said, adding that Arafat has called for a meeting of the Central Elections Committee within two days. 

Israeli officials were skeptical of the proposals. 

“What’s clear is that any Palestinian leadership would have to, first and foremost, renounce terror as a strategic option,” said David Baker, an aide to Israeli Prime Minister Ariel Sharon. “Until now, terror and the Palestinian Authority have been joined at the hip.” 

Arafat’s decision came amid questions about his popularity among his people. With the Palestinian economy in shambles and society reeling from a crushing Israeli incursion into Palestinian areas, Palestinians were pressing for reforms to an administration widely regarded as corrupt. 

In a speech Wednesday to Palestinian legislators, Arafat echoed the calls for reform, but gave no details. 

Palestinian legislators quickly put together a reform plan Wednesday that called for elections and a smaller Cabinet and approved it Thursday. Soon afterward, Abdel Rahman announced Arafat’s own plans to hold elections. 

Legislators from Arafat’s Fatah movement had also demanded the creation of the post of prime minister and called for empowering it with the day-to-day operations of the Palestinian Authority. Arafat’s proposal made no mention of a prime minister. 

The legislators also called for streamlining the Palestinian Authority’s eight security services. Arafat’s proposal did not address this issue. 

Arafat has run the Palestinian territories virtually unchallenged since Israel permitted his return from exile eight years ago. He was elected president in 1996 with 87 percent of the vote against Samiha Khalil, a female social worker in her 70s. Members of his Fatah faction won 50 of the 88 seats. 

But pressure on Arafat is growing. 

The United States has called on the Palestinians to adopt a constitutional democracy and open their closed, topdown system to counter corruption. 

In addition, future U.S. humanitarian aid to the Palestinians will bypass the Palestinian Authority, including $50 million in aid approved last week by the House Appropriations Committee. 

EU foreign and security policy chief Javier Solana also called for sweeping changes Wednesday. The EU has given the Palestinian Authority $337 million in aid over the past two years. 

“We need a Palestinian Authority that is more able and more determined to serve its population and the security of all,” Solana said. “Our expectations are clear: more transparency, more accountability, greater efficiency.” 

Speaking before Arafat’s announcement, legislator Hussam Khader, was pessimistic the Palestinian leader was serious about making meaningful changes. 

“I believe Arafat may work in making cosmetic changes in the Palestinian Authority,” he said. “Maybe he will change a corrupted Cabinet for another more corrupted Cabinet.” 

Sharon has urged the United States and other nations to reject Arafat’s administration and appoint an interim Palestinian government for a year to carry out reforms, Sharon’s foreign policy adviser Danny Ayalon said. 

Sharon proposed the new government be established whether or not the Palestinians accept it, the Yediot Ahronot daily reported. “The free world must force this government on the Palestinians,” the daily quoted him as saying. 

Meanwhile, Israeli soldiers backed by tanks entered Beitunia, a Ramallah suburb, early Thursday and surrounded an apartment building. Soldiers killed Ahmed Ghanam, 25, a member of Arafat’s security forces. The military said the raid helped prevent a terror attack in Jerusalem. Some two dozen Palestinians were arrested in other Israeli army raids. 

Israel ended a six-week military offensive against Palestinian militias in the West Bank last week, but army raids have continued. The offensive was in response to a March 27 suicide bombing in which 29 Israelis were killed during a Passover Seder. 

The Haaretz newspaper quoted Israel’s deputy chief of staff as saying a postponed incursion into the Gaza Strip is likely to still take place.

According to Census 2000 data released Tuesday, Berkeley is fifth among Bay Area cities when it comes to using mass transit to get to and from work, passing neighboring Oakland and coming in behind other neighbors Emeryville, Albany and El Cerrito. 

The city that uses mass transit the most in the Bay Area is San Francisco, according to census data. 

“San Francisco remains the flagship when it comes to using mass transit,” said Chuck Purvis. “But what is most important about this data is how each city compares with previous numbers; that’s where you see the trends. For instance, Berkeley has improved in the last 10 years. And Oakland has gone down in numbers in the last 10 years.” 

Purvis went onto to say that there is only a limited amount of analytical data available because the statistics lack a certain historical perspective. 

In addition, when it came to Bay Area cities where residents walk to work, Berkeley ranked no. 4 — behind Stanford, Elmire and Angwin.  

“Alone it may not say much that Berkeley showed that 18.6 percent using mass transit, but you also have to look at how many residents are using other alternative ways of getting to work such as walking.” 

According to Purvis, Berkeley’s overall numbers were very good as it ranked well in the number of residents who are using mass transit and in the numbers of residents who are walking to work.  

In addition, Berkeley ranked no. 5 among cities where residents have no car available to them. And it did not rank at all among Bay Area cities where commuters are driving alone to work. 

“All in all this cannot show how Berkeley is changing over the last 100 years, but it does indicate what’s happening over the last 10 or 20. More people are beginning to use mass transit.” 

This would seemingly come as good news to advocates of smart growth — who have been pushing for more housing along transportation corridors to coincide with a community that is willing to use mass transit as a means to get to and from work centers. The data could be used analytically to get more government dollars for development along the transportation corridor. Consequently this information probably does not bode well for those who oppose smart growth. 

Martha Nicoloff, a Berkeley neighborhood activist, former planning commissioner and author of a proposed height restriction ordinance, says she opposes smart growth and opposes increased development in any targeted areas. 

“We are for just-right growth,” Nicoloff said. “Smart growth wants to put high-density, high-rise apartments in low-income neighborhoods to revitalize them. But the low-income neighborhoods don’t agree with it, and certainly don’t necessarily want it. 

“Berkeley is already quite dense in comparison to other communities. And we it has already satisfied the ABAG housing requirement where other r cities have not. The objection to smart growth is that it is discriminating and it designates all development in certain neighborhoods.” 

NEW YORK — ABC has pulled the plug on “Politically Incorrect,” which battled sinking ratings and, after Sept. 11, advertising erosion because of host Bill Maher’s reference to past U.S. military action as “cowardly.” 

The topical late-night talk show will be replaced in its 12:05 a.m. time slot with an entertainment show led by Comedy Central’s Jimmy Kimmel. 

In Los Angeles, Maher disputed ABC’s contention that ratings were to blame for cancellation of his show. 

Asked if he thought the network action was related to controversy over his post-Sept. 11 remark, he said “without a doubt.” 

ABC signaled its intention to get more entertainment in late-night earlier this spring when it tried to persuade David Letterman to jump from CBS to replace Ted Koppel’s “Nightline.” 

Letterman decided to stay put, and ABC gave “Nightline” a two-year commitment. But the network is still interested in building a late-night entertainment franchise to reach younger viewers. 

Koppel took a public jab at his parent company’s executives on Tuesday during the presentation of ABC’s fall schedule to advertisers at Disney’s New Amsterdam Theatre, home of “The Lion King.” 

Koppel made a joke about Kimmel, saying he had been talking to Palestinian leader Yasser Arafat, who “told me he was sending one of his kids over here to do a show after ‘Nightline’ and I thought he was pulling my leg.” 

He also talked about some programs “Nightline” was doing on the Middle East and concluded by saying, “our new slogan at ‘Nightline’ is: ‘More relevant than ever.”’ 

It was a pointed reference to a March story in The New York Times, which quoted an unidentified executive of ABC’s parent Walt Disney Co. as explaining the interest in Letterman by saying “Nightline” was losing relevance. 

Koppel’s audience included Disney’s chief executive, Michael Eisner, and its president, Robert Iger. 

Looking unhappy, Eisner walked out of the Broadway theater shortly after the remark. 

“Politically Incorrect” was believed to be in trouble ever since Maher, immediately after the terrorist attacks, referred to the U.S. military as “cowardly” in lobbing missiles at enemies. 

“Staying in the airplane when it hits the building, say what you want about it, it’s not cowardly,”’ he said on the air. 

FedEx and Sears immediately pulled their commercials from his show. Maher later explained that he believed that politicians and not servicemen were cowardly, but he defended his right to offer dissent. 

Maher said his audience stayed essentially the same but ad revenue from his show had declined, which he blamed in part on a lack of network support and ABC’s overall poor ratings performance. 

However, Maher struck a philosophical note. 

“It was time to move on. ... I do feel bad the network felt they had to act like they didn’t know me,” he said. 

He also acknowledged the climate might not be the same for his brand of political satire given national sensitivities after the terrorist attack. But he was confident he would find another network home. 

ABC Chairman Lloyd Braun said Maher’s comments had nothing to do with the cancellation. 

To the Editor: 

During my campaign for school board (Nov., 1998) I became acutely aware of achievement gaps that exist in our schools between poor and minority students and white and Asian students. To me, this outcome was unacceptable, divisive and poorly understood. Everyone seemed to have a theory about the gap and a remedy as well, but few had facts to back them up. After the election, I began digging into the literature, attending conferences and asking questions. Having spent my professional career as a psychotherapist, mine was the business of change and I was determined to find solutions that worked! 

In the winter of 1999 I attended an Education Trust conference focused on closing achievement gaps in our high schools. I was particularly interested in this topic because I knew that reform in the elementary grades is easier to effect than reforms targeted at older students. During the conference I attended a workshop on the Writers' Room, a high school-based program that brings trained volunteers into the classroom to provide one-on-one coaching in revision-based writing. I left the Writers' Room workshop with literature, a video and the certainty that this powerful intervention could address class size issues, improve student achievement, and close achievement gaps. Thanks to its talented director, responsive teachers and enthusiastic volunteers, this program is now being successfully implemented at Berkeley High and pilot programs are now being developed for our middle schools. Rigorous assessments at BHS reveal that this program works! 

Because it is a matter of great urgency to find solutions that work, and learn from them, I want to make an attempt to identify and characterize the program's essential elements. 

1. The intervention is standards-based. It focuses on bringing students to grade level proficiency as measured by the California Language Arts Standards. [The Education Trust: “Dispelling the Myth: High Poverty Schools Exceeding Expectations” —www.edtrust.org] 

2. The intervention is classroom-based and therefore has an immediate impact upon teaching and learning. (I hate to tell you how many thousands of hours in standards based work that never made it into the classroom.) 

3. The intervention includes professional development that is designed to bring standards into practice. Writers' Room teachers receive training in designing standards based writing assignments that are compatible with the Writers' Room revision based coaching approach. The result is improved teacher effectiveness. [Education Trust: “Good Teaching Matters” and “Standards in Practice” — www.edtrust.org] 

4. The program is data-driven. The use of standards-based assessments to evaluate the program insures that enthusiasm and confidence are grounded in actual accomplishment. 

5. The program supports learning for all students in all classrooms where writing is done. No student, teacher or department is stigmatized as underachieving or “at risk.” Because it is for everyone, everyone is for it! [“Thin Ice: 'Stereotype Threat and Black College Students” Claude M. Steele. — www.theatlantic.com/issues/99aug/9908stereotype.htm] 

6. The Writer's Room supports volunteer and parent involvement that directly impacts student achievement. We have all heard that parent and community involvement are correlated with student achievement, but what exactly does that mean? Current research tells us that strategies which permit interactive homework that allow youngsters to show, share, and demonstrate what they are learning in class is the most powerful way to impact student learning. (“How Parents Can Support Learning” Rebecca Jones. American School Board Journal/ September 2001 — http://www.asbj.com/2001/09/0901coverstory.html) 

This summer, Writers’ Room coaches will begin working with eighth-grade graduates attending our promising Summer Bridge program at Berkeley High. I urge parents and community members who are committed to improving student achievement and closing achievement gaps to volunteer some time towards this effective and personally rewarding program. 

- Shirley Issel  

Berkeley School Board President  

Friday, May 17

The Berkeley Women in Black 

A Vigil every Friday from Noon to 1 p.m. 

Corner of Bancroft and Telegraph in Berkeley 

Everyone Welcome 

841-4143 

County Grant for the Arts Workshop 

The Art Commission will host four free workshops to assist organizations seeking grant funding. First-ever applicant must attend a workshop to be eligible to apply for and Artsfund grant. Reservations are required 

James Irvine Foundation Conference Center on Frank Ogawa Plaza, Oakland 

For reservations: 208-9646, shuss@co.alameda.ca.us 

Saturday, May 18

The Edible Schoolyard Plant Sale 

10 a.m. to 2 p.m. 

Buy flowers, fruits and vegetables from the Edible Schoolyard kitchen and garden 

Bring a container for free municipal compost 

Martin Luther King, Jr. Middle School 

1781 Rose St. at Grant St. 

Berkeley 

Strawberry Tasting & World Harmony Chorus 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Writer as Publisher: Independent Publishing Seminar 

Learn how at this all day seminar. 

9 a.m. - 4:30 p.m. 

Asian Cultural Center 

Pacific Renaissance Plaza 

388 Ninth Street 

Oakland 

510-839-1248 or www.writeraspublisher.com 

League of Woman Voters 

Call to annual meeting 

10:30 a.m. to 2 p.m. 

Northbrae Community Church 

941 The Alameda 

Please call to reserve a lunch ($11) and/or request a ride. 

843-8824 

3rd Annual Satsuki Arts Festival and Bazaar 

The Berkeley Buddhist Temple 

Featuring Bay Area and National Taiko drumming ensembles and Kenny Endo from Hawaii 

Sunday, May 19

Jazz On 4th 

6th Annual jazz on Forth, a benefit for Berkeley High School Performing Arts. Balloons, Raffle, Face Painting. Free Live Performances by The Berkeley High Jazz Ensemble & Combo, Big Belly Blues Band, Jenna Mammina Quartet, Jesus Diaz with Sabor A Cuba. 

12:30 to 4:30 p.m. 

Forth Street Between Hearst and Virginia 

For more information 510-526-6294 

Free 

Flamenco Fiesta 

David Serva, Miguel Funi, Clara Mora, Jose Torres de Moron 

5 to 5:45 Spanish wines & snacks from The Spanish Table, Supper served at 7:30.  

Montero's 

1401 University Ave. 

Reservations 526-3467 

$35 

Monday, May 20 

Berkeley Gray Panthers 

Home owners meeting. Chuck Durrett of Co-Housing tells about his program. All welcome. 

3 p.m. 

Berkeley Gray Panthers office 

1403 Addison St. (behind Andronico's on University) 

548-9696 

Tuesday, May 21

Strawberry Tasting 

Tasting & cooking demonstrations 

Berkeley Farmers' Market 

10 a.m. to 3 p.m. 

Derby Street at Martin Luther King, Jr. Way  

Free 

Arthritis Month Special 

Herbal alternatives & drug interactions for Fibromyalgia. Dr. Anita Marshall, Pharm.D., l.Ac 

12 to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

Wednesday, May 22

Healthful Building materials 

Seminar by Darrel DeBoer 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Thursday, May 23

Senior Men's Afternoon 

Gay senior men discussion group, 2nd & 4th Thursdays. 

Pacific Center 

2712 Telegraph Ave. 

510-548-8283  

Free 

Fishbowl: "Everything you always wanted to know about the opposite sex but were afraid to ask" An opportunity to ask anonymous questions in a confidential and supportive environment. 

7:30 to 9:30 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut St., Berkeley 

510-848-0237 X 127 

$8-$10 

Saturday, May 25

6th Annual Sidewalk Chalk Art Festival 

Everyone's welcome to participate in covering Solono's sidewalks with chalk art. Featuring refreshments and entertainment. Artist's chalk and a Polaroid of the finished work are available for a fee. To encourage early registration, a raffle for merchandise by local business will be held for the artists at noon.  

Registration at Peralta Park, 9 a.m. - 5 p.m., 1561 Solano Ave. Berkeley. 

For more information: 510-527-5358, www.solanoave.org. 

Free 

Saturday & Sunday, May 25 & 26

19th Annual Himalayan Fair 

Outdoor celebration of the great Mountain Cultures! Authentic Himalayan Art, craft, Music & Dance, exotic food & stage entertainment. Benefits Himalayan Grassroots projects. 

Sat. 10-7, Sun. 10-5:30 

Live Oak Park 

Shattuck & Berryman 

$5-$7 Donation 

Saturday - Monday, May 25-27

Chocolate & Chalk Art Festival 

Chocolate Festival begins by picking up a chocolate menu from business on Solano Avenue flying a festival banner.  

The entire length of Solano Avenue, Berkeley & Albany

It’s rare that a high school coach blames a loss on the officiating. Coaches usually choose to gloss over blown calls, concentrating on their team’s mistakes that made a difference. But on Wednesday, there was little doubt about what decided the Berkeley-El Cerrito baseball game and perhaps the ACCAL championship. 

“(The umpires) certainly did cost us this game,” Berkeley High head coach Tim Moellering said after his team’s 4-3 loss at San Pablo Park. “The calls they made speak for themselves.” 

Moellering had two crucial calls in mind. In the bottom of the first, Berkeley’s Lee Franklin was caught in a rundown between third base and home plate after a missed squeeze bunt by Clinton Calhoun. Franklin evaded the tag long enough to take a throw in the back, then bump into El Cerrito pitcher Kenny Salyer within the baseline. While everyone expected an interference call on Salyer that would have scored Franklin automatically, the umpires called Franklin out, saying he intentionally blocked the throw that hit him between the numbers even though he never left the baseline. 

The second controversial call that changed the game came in the top of the sixth. With the Gauchos up 3-2, designated hitter Kevin Stewart hit a Sean Souders pitch deep to leftfield. The ball went over Jon Smith’s head and certainly appeared to bounce over the fence for a ground-rule double. But the umpires looked at each other, then signalled a home run for Stewart, bringing Moellering charging onto the field for the second time. 

“As far as I could tell, the only two people out here who didn’t see the ball bounce over the fence happened to be the guys in blue,” Moellering said. 

Smith said the ball landed at least 15 feet in front of the fence before bouncing over. 

Even El Cerrito head coach Brian Nichols, who was farther away from the play than either official, admitted to seeing the ball bounce over the fence, but he certainly wasn’t about to point out the mistake to the umpires. 

“It was a tough call, but from my angle I could see it bounce over,” Nichols said. “But sometimes you get the breaks and sometimes you don’t.” 

When Moellering’s arguing came to an end, the Gauchos were up 4-2. The phantom round-tripper took on an even greater importance when Berkeley scored a run in the bottom of the inning on one of El Cerrito’s six errors to get within a run. 

The ’Jackets had an excellent shot at tying or winning the game in their final at-bat. Franklin got a second life when El Cerrito catcher Ryan DeLaRosa dropped a foul popup, and took advantage with a double down the rightfield line. Salyer, who was past 100 pitch by then, walked DeAndre Miller on four pitches to put men on first and second, but Calhoun again couldn’t get a sacrifice bunt down and ended up striking out. Matt Toma flew out to shallow center and Benny Goldenberg hit into a fielder’s choice to end the game. 

“That’s the hard part,” Franklin said of the aborted rally. “When we’ve got first and second with no outs, we have to tie or win the game. We just didn’t execute.” 

To make the pain of a one-run loss with the umpires taking away a Berkeley run and handing a run to their opposition even worse, Wednesday’s game was a chance for the ’Jackets (17-6 overall, 10-3 ACCAL) to clinch the league title. Instead, they must now hope third-place Encinal (10-3 ACCAL) can beat the Gauchos (17-6, 10-3) on Friday while Berkeley must beat De Anza, a team that has already beaten the ’Jackets once this season. If El Cerrito wins on Friday, they will be the champions due to a tiebreaker determined before the season began. If Encinal wins and Berkeley loses on Friday, the Jets will take the league title. 

The ’Jackets are in a painfully familiar spot. They had a two-game lead with four to play last season and lost all four along with the league title. This year, they had a two-game lead with three to play, and have lost two in a row to drop into a three-way tie and no longer control their own fate. Although the ’Jackets are almost assured of a North Coast Section playoff spot even without the automatic bid an ACCAL championship would bring, things aren’t resting easy in the Berkeley dugout. 

“We just had to take what the umps gave us today,” Franklin said. “I’ve played three sports this year, and in each sport you get some bad calls. You hate to see it come down to that, but we can’t do anything about it.” 

Moellering said this year’s late-season slide has a better feel to it than last year’s, however, and expects his team to bounce back. 

“We’re playing much better than we were last year at this time,” he said. “We just need to win Friday and we’ll end up tied with somebody at the top.”

East Bay Municipal Utility District representatives met with Berkeley leaders this week to share their curiosity about becoming a power provider. 

Promises of cheaper electricity and a more reliable flow have the drinking water-oriented utility studying the possibility of taking over PG&E’s role in the local energy market, and EBMUD officials want customers to weigh in on the idea. 

While news of California’s power crisis has moved to the back pages of papers, questions about Enron’s power prices are now making headlines, and Berkeley leaders are showing they haven’t shaken concerns about electricity. City Council unanimously passed a resolution Tuesday night urging EBMUD to move forward with public power studies. 

“We need to know how much this is going to cost and the feasibility study will tell us,” said Councilmember Linda Maio. “We may have to make a big commitment in the short run, but it’s likely to be worth it.” 

The prospect of public power surfaced in the summer of 2000 when power rates surged and local consumers took their horror to EBMUD, whose charter grants it the authority to provide other utilities besides water. 

A $50,000 study completed earlier this year by consultants R.W. Beck bolstered the notion that EBMUD could undersell PG&E by as much as 5 percent, EBMUD officials said. 

“Public power makes so much more economic sense,” affirmed Berkeley resident and founder of the public-power coalition East Bay Power. “Other public utility districts across the country have rates 20 to 30 percent less.” 

Another public power advocate, Oakland Alliance for Community Energy, agrees. 

“With a privately-held utility, interests of the consumer are at odds with the shareholders’ interests... Efficient electricity production is not always in line with making money for shareholders,” explained Alliance co-founder Graham Brownstein. 

PG&E, though, says the logic doesn’t add up. “There’s a very real chance that rates will increase,” said PG&E spokesperson Jason Alderman. 

If EBMUD takes over as a retail electricity provider, they would have to assume a transmission and distribution infrastructure which, if bought from PG&E, would cost more than $1 billion, estimates show. 

EBMUD’s ability to procure a qualified staff and maintain appropriate safety controls has also been questioned by critics. 

PG&E has made it clear that they will fight vigorously against EBMUD efforts to take over the power market. 

But this will not discourage public-power advocates, said Councilmember Maio, at least in their pursuit of more information. 

Two other types of involvement, beyond a full-fledged takeover of the electricity market, are being studied by the EBMUD. These have received the blessing of PG&E. 

In the first scenario, EBMUD would serve as an aggregator, meaning brokering electricity between wholesalers and consumers, and still using PG&E’s infrastructure. 

The second scenario would merely charge EBMUD with the mission of encouraging and facilitating more renewable sources of energy, such as wind and solar. 

Brownstein suggested the two scenarios are not mutually exclusive with the plan for a complete takeover, and said the two could be implemented in the short term while more rigorous control could be assumed in the long term. 

The two shorter-term proposals, Brownstein said, would not only mean better power rates for consumers but would bring more environmentally-friendly generation. 

“We’ve had no renewable energy sources brought on line by PG&E in at least 13 years, at least nothing major,” said Brownstein. “That’s pitiful for a state that brought forth the technology.” 

EBMUD’s board of directors, having heard a variety of opinions on public power over the past year, has not committed to the idea. In fact, one of the seven board members and several staff members have raised strong objections. 

“We just want more information right now,” said Board President Katy Foulkes, who said she needs a lot more data before she makes up her mind on public power. 

Foulkes noted EBMUD’s solid reputation for administering drinking water, and added that the district already generates a small amount of electricity, but was cautious about saying the district could assume the responsibility of handling energy. 

EBMUD serves 1.3 million customers in 22 cities in Alameda and Contra Costa counties. 

Having so far spent about $200,000 on public power studies, according to EBMUD officials, the board is now deciding whether to enter the next phase of their studies which could cost up to $1 million. 

Implementation of any plan is still years away, officials said.

CANNES, France — The diminutive figure of Woody Allen cast an imposing shadow over Cannes on Wednesday as the world’s top film festival gratefully welcomed the reclusive director to kick off its annual confab of glitz, art, dealmaking and partying. 

“I’m suppressing panic,” the 66-year-old filmmaker quipped when asked how he felt about climbing the famous red-carpeted steps later that evening. 

A few hours later, he stood fidgeting on the stage of Cannes’ grand Lumiere Theater as the black-tie crowd gave him a prolonged standing ovation and he was awarded the “Palm of Palms” — a special achievement award given only once in the past, to Ingmar Bergman. 

Allen has long been revered in Europe and especially in France, but despite annual requests, he’s never attended Cannes, preferring to stay home and let others promote his films. 

Accepting his award, Allen joked about France’s fondness for him, saying the French have two misconceptions: “that I’m an intellectual, because I wear these glasses, and that I’m an artist, because my films lose money all the time. 

“Neither of those things are true,” he said to the laughing audience, which included director David Lynch, the jury president, and fellow jurors Sharon Stone and Michelle Yeoh. Then he left before the screening of his film, “Hollywood Ending” — “because I don’t like to watch my films.” 

Allen says he finally came to Cannes because it was time to thank the French public for years of support. Also, he felt that “Hollywood Ending,” showing out of competition, seemed perfect — because it jokes about the very fact that Allen is better received in France than at home. 

Organizers heralded his arrival with glee. “I’m in the clouds,” said the normally terse Gilles Jacob, the festival president, who presented Allen with the lifetime award. 

After years of self-imposed isolation from Hollywood and glitzy film festivals, Allen has emerged blinking in the sunlight this year — first making a surprise appearance at the Oscars in March to support New York City, and now Cannes. But he insists it’s just a coincidence. 

“I know it looks like I’ve had some kind of religious conversion, but I’ll be back in the house in a few hours,” he joked. 

Coincidence or not, Allen’s appearances are accompanied by a decline in his box office, and perhaps a need to promote his films more aggressively. “Hollywood Ending” opened May 3 in the United States to disappointing results. Opening at Cannes will be a boost to the film’s prospects in Europe. 

The film tells the story of an aging movie director, Val Waxman, whose career has flamed out so badly that he’s filming a deodorant commercial in the snowy wilds of Canada. 

Suddenly he gets a big chance, but it comes with a price: His ex-wife, Ellie (Tea Leoni), now a movie executive, is pushing for him to make a comeback. She has a pet project that she wants him to direct. The problem: heading the studio is Hal (Treat Williams), Ellie’s new lover, the man who stole her from Val. 

Val takes the job, but on the eve of shooting he suffers psychosomatic trauma: suddenly he’s blind. He decides to keep his condition secret and keep shooting. 

While some reviewers found the slapstick physical humor cloying — Allen doesn’t really know how to act blind — many appreciated some of the Hollywood-mocking humor, such as the moment when Ellie tells her assistant to send Haley Joel Osment a note and flowers in congratulation for his lifetime achievement award. 

In the end, the movie is made — and it’s a dud that leaves critics and the public scratching their heads. But there’s a happy ending: France loves the film. Allen rushes off to Paris to revel in his success with Ellie — who he’s won back, of course, from the slippery Hal. 

“I thought the Cannes audience would get particular enjoyment out of that,” Allen said. 

France’s fondness for Woody Allen began long ago, with “Bananas” and “Take the Money and Run.” 

“I think we in the U.S. find it amusing and endearing about the French that they discover our artists before we do,” he said, mentioning Edgar Allan Poe and William Faulkner as other examples. 

When Allen appeared in “Everyone Says I Love You” in 1996, walking across a bridge over the Seine River with a baguette in his hand and a beret on his head, French audiences roared. Clearly, they knew the affection was mutual. 

For Allen’s pre-screening news conference Wednesday, the normal press room was shunned for an auditorium. In the circus-like atmosphere, one journalist asked Allen to analyze the French tradition of eating snails and frogs. 

“It’s like in relationships,” Allen replied, attempting a thoughtful response. “Whatever works.”

Dear Editor: 

As someone who attended the May 4 Mayoral Convention, I was dismayed to read the May 6 article stating that Tom Bates was chosen by “acclamation.” 

The dictionary defines acclamation as “an enthusiastic oral vote of approval taken without a formal ballot.” Although nearly everyone who attended the convention is pleased with the choice of Tom Bates, the choice was made by a formal written ballot, and three other candidates also received votes. 

As one of the people who voted, I do not appreciate being disenfranchised. I am pleased that Bates has stepped forward and received overwhelming support, but that does not change the fact that when I pick up a newspaper I prefer the story be based on facts, rather than imagination, enthusiasm or bias. 

- Judy Clancy 

Berkeley

Staff Report 

The Berkeley High boys’ lacrosse team will face University High (San Francisco) in a Northern California semifinal today at 4 p.m. The match is set for Paul Goode Field in the Presidio in San Francisco. 

The Shoreline Lacrosse League champion Yellowjackets also had eight players named to the All-League team, along with three honorable mentions, the most players from any team in the league.  

The all-league honorees were attackers Jesse Cohen and Eric Lindeman, midfielders Nick Schooler, Sam Geller and Demetrius Sommers, defenders Chris May and Owen Goldstrom and goalie Marc Bloch.  

Joaquin Palomino, Julian Coffman and Ed Hill were honorable mention winners for Berkeley.

The chief U.S. representative for the Palestine Liberation Organization said the Palestinian Authority will pursue democratic reform at a UC Berkeley appearance Wednesday afternoon. 

“We want democracy,” said Hasan Rahman. “We need accountability.” 

Rahman’s comments came a day after PLO Chairman and Palestinian Authority leader Yasser Arafat pledged reform during a speech in Ramallah. Critics have argued that Arafat is dictatorial and say they doubt his latest promises. 

Israeli Prime Minister Ariel Sharon has warned that he will not engage in peace talks with the Palestinians until the Palestinian Authority changes. 

But Rahman said the Authority is pursuing reform on its own initiative. He also warned that Israel should not use the issue to stall negotiations on Palestinian statehood, the fate of refugees and other pressing concerns. 

“The reform shouldn’t be used as a pretext by Israel not to deal with the issues,” he said. “Whether we have Arafat or do not have Arafat, these issues will not disappear.” 

Rahman also praised the Bush administration for recognizing, in recent months, the need for third-party intervention. But he argued that, while U.S. involvement is essential, it is not impartial. 

“The United States is not an honest broker,” Rahman said, citing U.S. support for Israel in its refusal to allow an investigation of military action in Jenin. “It is an indispensable broker.” 

Randy Barnes, a UC Berkeley student and member of the Israel Action Committee, asked Rahman if he would favor compensation over repatriation for Palestinian refugees. 

Rahman said there are some situations, such as the reunification of families, that demand repatriation. But he said the PLO would not push for a solution that would substantially change the “demography” of Israel. 

Will Youmans, a leader of campus group Students for Justice in Palestine, took a different position. 

“We believe in the right of return,” he said, arguing that refugees has a right to go back to their former homes. 

Youmans said Arafat’s government, the Palestinian Authority, takes a more moderate position because it is too wrapped up in the political process. 

“Their legitimacy is based on the fact that they’re negotiating with Israel,” he said. 

Chris Silver, an Israel Action Committee member who attended Rahman’s speech, said he was impressed with the representative’s approach. 

“He seemed much more interested in peace than groups like SJP,” Silver said, arguing that Students for Justice in Palestine is intent on the “destruction of Israel.” 

“It’s a gross distortion of everything we stand for,” Youmans replied. “What we advocate is the complete equality of Palestinians under the law.” 

Equality, he said, would transform Israel from an “ethnocracy” to a democracy. 

Rahman also called on American Jews to speak out against Sharon’s tactics, accusing the Israeli Prime Minister of war crimes. 

“I think he’s doing his best given the circumstances,” said Silver, discussing Sharon. “It would be a lot easier for American Jewry if Palestinian- and Arab-Americans stood up against suicide bombings.”

Today is Thursday, May 16, the 136th day of 2002. There are 229 days left in the year. 

Highlight: 

On May 16, 1929, the first Academy Awards were presented during a banquet at the Hollywood Roosevelt Hotel. The movie “Wings” won “best production” while Emil Jannings and Janet Gaynor were named best actor and best actress. 

On this date: 

In 1770, Marie Antoinette, age 14, married the future King Louis XVI of France, who was 15. 

In 1866, Congress authorized minting of the five-cent piece. 

In 1868, the Senate failed by one vote to convict President Andrew Johnson as it took its first ballot on one of 11 articles of impeachment against him. 

In 1920, Joan of Arc was canonized in Rome. 

In 1946, the musical “Annie Get Your Gun” opened on Broadway. 

In 1960, a Big Four summit conference in Paris collapsed on its opening day as the Soviet Union leveled spy charges against the United States in the wake of the U-2 incident. 

In 1965, the musical play “The Roar of the Greasepaint, the Smell of the Crowd” opened on Broadway. 

In 1975, Japanese climber Junko Tabei became the first woman to reach the summit of Mount Everest. 

In 1977, five people were killed when a New York Airways helicopter, idling atop the Pan Am Building in midtown Manhattan, toppled over, sending a huge rotor blade flying. 

In 1991, Queen Elizabeth II became the first British monarch to address the U.S. Congress. 

Ten years ago:  

The space shuttle Endeavour completed its maiden voyage with a safe landing in the California desert. Actress Marlene Dietrich, who had died in Paris at age 90, was buried in Berlin. America3 (“America Cubed”), skippered by Bill Koch, won the 28th defense of the America’s Cup. 

Five years ago:  

President Clinton publicly apologized for the notorious Tuskegee experiment, in which government scientists deliberately allowed black men to weaken and die of treatable syphilis. The space shuttle Atlantis docked with Russia’s Mir station. In Zaire, President Mobutu Sese Seko ended 32 years of autocratic rule, giving control of the country to rebel forces. 

One year ago:  

Former FBI agent Robert Hanssen was indicted on charges of spying for Moscow. (Hanssen later pleaded guilty to 15 counts of espionage and was sentenced to life in prison without parole.) Nathaniel Brazill, a 14-year-old boy who shot his English teacher to death on the last day of the school year, was convicted of second-degree murder in West Palm Beach, Fla. (Brazill was later sentenced to 28 years in prison.) 

Today’s Birthdays:  

Author Studs Terkel is 90. Actor George Gaynes is 85. Actor Harry Carey Jr. is 81. Jazz musician Billy Cobham is 58. Actor Pierce Brosnan is 49. Actress Debra Winger is 47. Soviet gymnast Olga Korbut is 47. Actress Mare Winningham is 43. Singer Janet Jackson is 36. Rhythm-and-blues singer Ralph Tresvant (New Edition) is 34. Actress Tracey Gold is 33. Tennis player Gabriela Sabatini is 32. Country singer Rick Trevino is 31. Actor David Boreanaz is 31. Musician Simon Katz (Jamiroquai) is 31. Actress Tori Spelling is 29. 

To the Editor: 

As an alumna of Pacific School of Religion at the GTU, I was pleased to see your article on love and relationship issues for those in ministry. However, please be aware that all three of the students whom you interviewed and referred to as members of the “Church of Christ,” are in fact members of the “United Church of Christ.” You referred to the UCC once, but thereafter misidentified the students. 

There is a great difference between these two denominations in theology and practice. The UCC has long been in the forefront of dialogue and work for social and political justice. PSR is a multi-denominational seminary of the United Church of Christ with historic ties to the United Methodist Church and the Christian Church (Disciples of Christ), but no official connection to the Church of Christ, a much more conservative tradition. PSR President Bill McKinney is himself ordained in the UCC. Berkeley’s 1st Congregational Church to which you refer is a UCC congregation. I doubt that the students interviewed, two of whom I know extremely well, would identify as Church of Christ ministry students.  

- Carol J. Barriger 

Berkeley

Five Cal softball players were named to the All-Pac-10 squad for the 2002 season. On the first team, senior pitcher Jocelyn Forest was the lone selection, while four players - freshman Kaleo Eldredge, senior Candace Harper, junior Veronica Nelson and junior Courtney Scott - made the second team.  

The Golden Bears had the second-most players named to the first or second team, as 2002 Pac-10 champion UCLA tallied six first and second team all-conference honors.  

Forest (21-12) became just the second pitcher in Cal history to win 20 or more games in each of her four years. She is second in almost all Cal pitching categories to four-time All-American Michele Granger, including strikeouts, wins, games and innings pitched.  

Eldredge and Washington’s Kristen Rivera are the only first-year athletes to be named to the all-conference squad. Eldredge leads the Bears in hits with 72 and stolen bases, totaling nine.  

The five selections are the most first or second team picks for Cal since 1993, when six Bears were selected to the all-conference squad. 

Charges against two FBI special agents were dropped Wednesday in the Earth First v. FBI and Oakland Police Department trial in an attempt to narrow the scope of the case accusing the FBI and OPD of mishandling the 1990 car bombing of environmental activists Judi Bari and Darryl Cherney.  

Judge Claudia Wilken ruled that charges against FBI Special Agents Walter Hemje and John Conway would not be considered by the jury, expected to begin deliberations on Monday. Wilken claimed the agents acted on the periphery of the case and were not critical members of the investigation.  

Attorneys in the case wrangled long into the afternoon over courtroom technicalities, including the wording of jury instructions, proposed dismissal of defendants and the admission of evidence. Closing arguments were postponed by Wilken until Thursday. 

Attorneys disputed the wording of instructions for the jury regarding several key issues in the case including probable cause and qualified immunity. 

Defense attorney Robert Sher disputed the language of probable cause, maintaining that the defendants acted legally in devising search warrants during the investigation. 

Sher argued that the wording involving the defendant’s search of the residences of Bari and Cherney was incorrect and misleading. Sher objected to the plaintiffs’ proposal that the wording of the instructions should indicate that the defendants investigated the residences in 'good faith,' stating that the defendants were not obligated to act in 'good faith.'  

“This argument is shocking, that they (the defendants) can act without good faith,” said Dennis Cunningham, lead counsel for the plaintiffs, as the attorneys disputed the language. 

The actions and judgments of the defendants in developing the search warrant is a critical piece of the plaintiff's case accusing the FBI agents and OPD officers of violating the civil rights of Bari, Cherney and their supporters. 

Counsel for Oakland police argued that the issue of a high bail should not be allowed as evidence in the case, indicating that issuing a high bail is not a violation and claiming that it was no longer an issue in the case. Wilken, however, determined that the issue would stay. 

Cunningham objected to the language of the defendant’s qualified immunity in the case. Specifically, he disputed the wording of instructions concerning “whether the defendant is liable if another reasonable officer had determined probable cause existed.”  

The wording of the statement was modified to “liable if he believed his conduct was lawful under the circumstances,” despite continued objections by Cunningham, claiming, “We're getting smeared here. We're getting wiped out on the question of qualified immunity.” 

Defendants in the case have maintained that their actions in the case were the result of decisions made to the best of their ability considering the constraint of time. 

Following Cunningham’s continued disputes on the point, Wilken threatened to waive the plaintiffs remaining objections. 

Attorneys for both sides also questioned language on the topic of search and seizure and the issue of conspiracy in the case. 

An “eco-defense” book was not admitted as evidence in the trial as defendants had hoped, as attorneys for the plaintiffs argued that the book represented an unfair connection between the Earth First! movement and environmental terrorism. 

Attorneys for the plaintiffs initially decided not to include nominal damage instructions to the jury, allowing for the possibility that the plaintiffs would not be awarded attorney fees. After some disagreement among the plaintiffs, Wilken ruled that she would include the instructions for the jury. 

Wilken also ruled Wednesday that newspapers and fliers were not to be left in sight of jurors as news of the trial would influence the members of the jury. 

Closing arguments, delayed by the last-minute maneuvering on each side, will begin Thursday with the presentation of the plaintiff’s arguments. Defendants will present their closing arguments Friday, followed by a rebuttal from the plaintiffs and jury instructions given by Wilken.

United offers $5 flights 

CHICAGO — For some travelers, it’s going to cost more to get to the airport than to fly. 

For about 45 minutes on Tuesday, United Airlines customers were able to buy roundtrip tickets to U.S. cities such as San Francisco and Los Angeles for as little as $5 because of an error by a computer that distributes fares for major airlines. 

United will honor the tickets but did not yet know how many were bought or the destinations, spokeswoman Chris Nardella said Wednesday. 

“We discovered the problem and we fixed it, but there was a 45-minute window when customers were able to book these tickets,” she said. 

The incorrect prices were posted when Airline Tariff Publishing Co., a clearinghouse for all airlines’ fares, was loading new sale fares onto United’s site, Nardella said. 

The site stopped giving customers a promised $5 discount for booking online, and when workers tried to fix it, it began selling flights for as low as $5 instead, she said. 

It wasn’t the first time United sold tickets cheap via the Internet. 

In January, 142 passengers bought tickets to international destinations for as little as $25. United first said it would not honor those fares but later agreed to do so. 

And in August, 120 customers booked trips to Bombay from Chicago for $140 or $180. 

Scary marketing 

LOGAN, Utah — A car dealership that wanted to drum up a little publicity managed to succeed. 

Kevin Day Mitsubishi mailed 10,000 plastic bottles as a promotion, setting off a panic among residents suspicious of anthrax attacks and mailbox bombs. 

The bottles were labeled, “Hurry open this right away to receive your message in a bottle.” They contained an invitation for car buyers to try to win a $5,000 discount by matching a marble inside the bottle with one at the dealership. 

“What it’s designed to do is get people’s attention,” said John Sandifer, general manager of the dealership. “I’m just beginning to wonder how good it worked.” 

Residents flooded police with calls when the bottles started turning up Tuesday in mailboxes. 

“It’s completely ridiculous that they would be doing something like this after this big scare with mail bombs all over the country,” Cache County sheriff’s Lt. Dave Bennett said. 

Logan Postmaster Kim Taylor said mailing an innocent package is not illegal. 

Freeze-dried trees 

SANTA FE, N.M. — From the drought-stricken Southwest city that brought you painted grass comes another agricultural oddity: freeze-dried trees. 

Furniture store owner Chip Livingston said several people honked at him or rolled their eyes in disapproval as he put in 18 of the 2-foot, Christmas tree-shaped trees along Santa Fe’s major business thoroughfare. 

“We want everybody to know they’re fake,” Livingston said. 

Well, not quite. 

Lynn Olmen, a buyer for the business, said the trees are grown in California, cut after eight years of careful trimming, then freeze-dried in a “highly technical but nontoxic process” that ensures they will hold their shape for up to 10 years. 

Santa Fe has been under water restrictions since April that ban the planting of grass and limit the watering of trees to once a week. 

The store’s manager, Mary Thomas, decided dried trees would be a better choice than flowers while Santa Fe struggles with water shortages.

Cal junior catcher John Baker has been selected as one of 10 finalists for Johnny Bench Award, it was announced May 15 by The Greater Wichita Area Sports Commission.  

Baker joins three other catchers from Bay Area schools who are among the 10 finalists - senior Steve Booth from San Francisco, junior Ryan Garko from Stanford and senior Adam Shorsher from San Jose State.  

Three finalists for the Johnny Bench Award will be announced in June at the College World Series. A final vote will occur at the end of the College World Series.  

Baker finished the 2002 season batting a team-leading .383 with 12 doubles, a triple, five home runs and 29 RBI, despite missing three weeks with a broken right hand when he was hit by a pitch.

Parents at Willard Middle School are concerned about the Board of Education’s decision last week to layoff one of the school’s two safety officers next year, and transfer him to another school. 

“We have six hundred some-odd students and you’re looking at one security officer – let’s get real,” said Joanie Hamasaki, president of the Willard Parent-Teacher Association. 

“I, as a board member, expect the same standard of student safety to be held to at that site,” said school board President Shirley Issel. “It’s going to take the cooperation of all the adults on site to make that happen and that’s what I expect to see.” 

Board member John Selawsky said the district gave middle school administrators the option of laying off either a vice principal or a security officer as part of a district-wide effort to eliminate an estimated $5.4 million deficit next year. 

“Obviously, in an ideal situation, we’d fully fund both,” he said. “(But) necessary things are going to have to be cut.” 

Selawsky said the laid-off security officer, Rickey Brantley, may be transferred to Berkeley High School. Selawsky was unsure if Brantley would bump an officer with lesser seniority out of a job, or serve as an addition to the BHS force.  

Brantley said seniority rules may give him a right to choose which school he transfers to next year. Superintendent Michele Lawrence did not return calls for clarification. 

Brantley has worked with Willard’s other officer, John Williams, for 14 years. 

“Those two are a team and they work like a well-oiled machine,” said Willard parent Mark Coplan, branch manager for Burns International security in Fremont. “Breaking up that team would be a big loss.” 

“It’s a job that takes a minimum of two,” said Williams, arguing that the school will be unsafe next year not only for the children, but for the one officer who remains. 

Williams, who has worked at Willard for 19 years, said he will not stay at the middle school if Brantley is transferred. 

Brantley said the school, which lost a third safety officer and a Berkeley police officer assigned to the school in the last two years, cannot take another cut. 

“No one is considering the safety of the kids,” he said. 

Jennifer Drapeau, chief of staff for Mayor Shirley Dean, said the mayor will talk to chief of police Dash Butler about restoring a police officer to Willard. 

“She considers this a priority that there be a safe learning environment at Willard,” Drapeau said, while acknowledging that the city’s budget difficulties could get in the way. 

The police department did not return calls for comment. 

Both Brantley and Williams are critical of the Willard administration for its apparent role in Brantley’s reassignment. 

“If Mr. Brantley’s job is to be saved here, I think the person with the most influence is the principal,” said Williams. “And I don’t think she’s doing it.” 

Willard principal Michele Patterson and vice-principal Greg John did not return calls for comment. 

Lee Berry, a Willard parent, raised concerns not only about the Brantley transfer, but about the school’s decision to assign security officers to an in-house suspension program. 

“They’re not free to roam around the campus,” Berry said. 

“It’s definitely taking away from the job,” Brantley said. “We’re not as mobile as we could be.”  

LOS ANGELES — A long time ago, the most avid “Star Wars” fans began lining up for the new chapter of George Lucas’ space saga, with some groups camping out in shifts for weeks. 

Their patience paid off as theaters around the country prepared to open their doors for midnight screenings of “Star Wars: Episode II — Attack of the Clones.” 

“I’m here to make sure I see the first show,” said Eric Putz, 28, of Los Angeles, who stayed in line for two days to catch the first screening at Hollywood’s historic Grauman’s Chinese Theater. “Even if the movie is horrible, it’s worth it just to see the light sabers lighting up.” 

“If I didn’t get to see the first show, I would be agonizing until I saw it,” said 25-year-old Brian Monroe of Los Angeles. He’s been in line at the Chinese Theater off and on since April. 

The lines are noticeably thinner than they were for “Star Wars: Episode I — The Phantom Menace” in 1999. 

But as the first “Star Wars” film in 16 years, “Phantom Menace” had greater pent-up demand among fans. And the growing use of advance ticket sales over the Internet probably reduced the number of fans who would have waited in line outside theaters. 

Those who have stood in line said it was more for the experience of hanging with fellow “Star Wars” travelers. 

“A lot of people say they wouldn’t be waiting in line if not for the camaraderie,” Monroe said. 

Many theaters have taken to throwing open their doors for major movie releases at 12:01 a.m., the earliest time they can begin screening the films on the day of release. Theaters are braced for the big “Star Wars” rush later in the day Thursday, as the film plays on about 6,000 screens in 3,161 theaters domestically. 

Lucas said he does not expect “Attack of the Clones” to approach the box-office debut of “Spider-Man” two weeks ago. Playing on about 1,500 more screens than “Attack of the Clones,” “Spider-Man” took in a record-smashing $114.8 million in its first three days. 

“Attack of the Clones” opened on fewer screens because Lucas was choosy about locations, insisting on top-of-the-line theaters with digital sound. 

Crowds waiting outside theaters for “Episode II” ranged from people who saw the original “Star Wars” in 1977 to those who weren’t even born then. 

“We’re a generation that grew up on ‘Star Wars,’ ” said J.R. Barbee, a youth pastor at a Hollywood church who said he incorporates “Star Wars” into his classes for middle and high school students. “I was 6 years old when ‘Star Wars’ came out in 1977, and I remember seeing Luke Skywalker. He was my hero. Lucas has taken a generation on a journey.” 

Daniel Hernandez, 20, and his brothers, Robert, 16, and Andrew, 22, drove from Hesperia, Calif., to wait outside the Chinese Theater, wielding homemade light sabers of metal and wood. 

“Over here, no one makes fun of us,” Daniel Hernandez said. “We were all raised on ‘Star Wars.’ ”

OAKLAND — A report released by an environmental research group in Oakland Wednesday says that dirty air accounts for more deaths in California than traffic accidents, homicides and AIDS combined. 

The Environmental Working Group says its analysis of state data found respiratory illnesses caused or aggravated by particulate matter — microscopic particles of soot and dust in the air — are responsible for more than 9,300 death, 16,000 hospital visits, 600,000 asthma attacks, and 5 million lost work days in California each year. 

“There's an overwhelming scientific consensus that particulate pollution kills people,'' said Renee Sharp, one of the report's authors. “Cleaning up the air is as important to public health and safety as wearing seatbelts.’’ 

The Environmental Working Group says that particulate air pollution in California is most severe in the San Joaquin Valley and in the greater Los Angeles area. 

The most significant source of particulates in the San Joaquin Valley is the agriculture industry, the group reports; however, most agricultural activities are exempt from state and federal air pollution rules. 

An Environmental Working Group spokesman said state scientists have proposed tougher standards, but they face strong opposition from a coalition of oil companies and automakers. 

The Air Resources Board, appointed by Gov. Gray Davis, plans to vote on the proposed standards next month, he said. 

Statewide, 55 of 58 counties have average annual particulate levels that exceed the proposed standards, according to the group. If these standards were approved and enacted, it says, it could save California $500 million a year, reduce particulate matter-deaths by at least 69 percent, and cut the number of asthma attacks suffered by 57 percent.

SAN FRANCISCO — San Francisco cycling enthusiasts are congregating in the South of Market neighborhood today to celebrate new bike lanes on half of busy Howard Street -- painted just in time for Bike to Work Day on Thursday. 

The gathering and news conference are slated for the Community Garden on Howard, between Seventh and Eighth streets, with district Supervisor Chris Daly on hand for the festivities. 

According to the San Francisco Bicycle Coalition, the striping along Howard between Fifth and 11th streets was completed last week. 

The advocates are part way through completing an ambitious plan to create a viable and safe network of bicycle lanes between Market Street and the wharf. SoMa committee members for the bicycle coalition report on the group's Web site they have already seen Folsom Street marked off for biking between 11th and the Embarcadero and hope that the rest of Howard Street will eventually be similarly set up for biking commuter traffic. 

They note that the Board of Supervisors voted in January in favor of the partial striping of Howard and will consider further proposals for that part of town in the coming weeks and months.

SAN FRANCISCO — At its peak, Napster boasted some 60 million users and seemed at once to symbolize both the excitement of the digital revolution and the worst nightmares of the established recording industry. 

That was two years ago. The Internet file-swapping service now says it may have to file for bankruptcy protection. 

It wasn’t just the legal full-court press by a music industry bent on curbing music piracy that appears to be sealing Napster’s fate. There was also acrimonious company infighting. 

All of this before Napster ever got a chance to generate revenue. 

On Tuesday, there was an exodus of several key executives from the Redwood City-based company, including co-founder Shawn Fanning and CEO Konrad Hilbers. 

Napster’s board of directors had recently rejected a buyout offer of approximately $15 million from Bertelsmann AG, the small company’s deep-pocketed backer that had poured $85 million into Napster to keep it afloat and provided Hilbers to oversee it. 

Some analysts say it was chiefly the recording industry’s lawsuit that buried Napster, the threat of millions of dollars in damages from the copyright infringement suit bringing ruin. 

“Although Napster’s board was directly responsible for rejecting the Bertelsmann buy-out offer, the record label litigants are the ones truly responsible, for refusing to relent from their demands for potentially crushing damages,” said Aram Sinnreich, a senior analyst with Jupiter Research. 

Born in 1999 in a college dorm room at Northeastern University, Napster was concocted as the easiest way to transmit and share MP3 digital music files over a network. College freshman Shawn Fanning and the program’s co-creator, Sean Parker, developed a system in which networked users using the same software application could search each other’s hard drives for MP3 songs and transfer them directly. 

Another Napster co-founder enlisted by Fanning was Jordan Ritter. The two met as part of the ad hoc software security group called “w00w00.” 

Ritter said Fanning was single-minded in his first attempts to make Napster functional. 

“Shawn is the kind of guy who stays up 50 hours straight just to make something work and prove someone wrong,” Ritter said Wednesday, as he reflected on Napster’s beginnings. 

Once Fanning’s uncle, John, came on board and incorporated the company, Ritter said he became increasingly disillusioned with the prospect that Napster would succeed. 

“Never at any point in time did that company have a management team in place that could turn the company into a business,” Ritter said. 

Ritter moved to California with Fanning to set up Napster and served as the company’s lead engineer. He left the day Bertelsmann signed an agreement to infuse Napster with cash, for reasons Ritter described as the “continued misdirection of the company.” 

The trouble came when Napster started distributing the program for free and millions of users began trading copyright music with abandon, developing digital music troves on their hard drives. 

The record industry saw the activity as lost profit and moved quickly to shut Napster down. 

Some top artists, including rapper Chuck D. and the rock band Limp Bizkit, attempted to rally around the service, and Napster partnered with them to sponsor music tours and launch other Internet music Web sites. 

But the heavy metal band Metallica led the charge against Napster, hand delivering boxes full of Napster user names to the company’s front door and demanding the music fans be blocked from downloading the band’s songs. 

Napster attempted to comply with demands from bands and federal judges to change its system and allow only authorized music to be traded. But it failed and the company eventually went offline last year as it attempted to retool for a fee-based relaunch. 

Deals to license material from all five major labels never materialized and, to date, even BMG Entertainment, Bertelsmann’s music arm, remains a plaintiff in the suit against Napster. 

Napster board member John Fanning filed suit to unseat two other board members, venture capitalist John Hummer and former Napster CEO Hank Barry. 

But on Tuesday, a chancery court in Delaware ruled against the elder Fanning. 

Sources close to the failed sale negotiations between Napster and Bertelsmann said one reason for the eventual impasse is that Napster’s original investor, venture capital firm Hummer Winblad, sought immunity from any damages that Napster might incur if it lost the copyright infringement suit. 

Shawn Fanning was not speaking to the media about the company’s downfall, a Napster spokeswoman said Wednesday. 

Napster said in a statement released Tuesday that it would seek to cut expenses in the coming days. Employees filed out with boxes of personal belongings Tuesday, frustrated with having not seen the new subscription Napster service to completion. 

“We deeply regret that we have not yet been able to find a funding solution that would allow Napster to launch a service to benefit artists and consumers alike,” the company said. 

Other file-sharing programs and networks such as Kazaa and Gnutella have stepped in to fill the gap and offer services similar to Napster. They, too, have drawn the ire of entertainment companies, which have turned to the courts for resolution. 

Redshift Research reported that Kazaa had an average of 1.4 million users logged on to the system during April. Gnutella had roughly 280,000 users online at any given time last month, the firm reported. 

Ritter said in a telephone interview that the future of Napster-like business models is murky at best. 

“Is there a clear laid-out future for the marriage of technology and business? No,” he said.

LOS ANGELES — A nationwide postcard campaign aimed at winning legal rights for illegal immigrants, was launched Wednesday in 30 American cities by a coalition of immigrant groups, labor unions and church officials. 

Called “A Million Voices for Legalization, the groups hope to deliver a million red, white and blue postcards to President Bush before the midterm elections in November. 

Kicking off the campaign in Los Angeles, United Farm Workers President Arturo Rodriguez said illegal and undocumented workers are barred by law from obtaining Social Security cards, drivers licenses and bank accounts. 

“They need to be respected in the same way as other working Americans,” he said. “We want President Bush to hear the voices of millions of Americans who want legalization.” 

Rep. Hilda Solis, D-Los Angeles, said a meeting last year between Bush and Mexican President Vicente Fox had put immigrant rights in the national spotlight, but the attention shifted after Sept. 11. 

“We hope to revive that,” Solis said, following a kickoff rally in Washington, D.C. “It makes good economic sense to do so.” 

She said a program to reunite families is among the goals of the task force, which is drafting proposals to end the legal jeopardy for millions of immigrants from many nations. 

“I would like to see these people who are here, playing by the rules, receive legal status,” said Solis. 

The postcards are to be distributed at churches, community meetings and union halls. 

The message printed in languages including English, Spanish, Chinese, Portuguese, Tagalog, Polish and French Creole says in part: “Everyday, immigrant workers make vital contributions to our economy, our communities and our nation. Nearly 50,000 members of America’s armed forces are immigrant soldiers. ... Unfortunately, our outdated immigration laws force many immigrants ... to live in fear for simply going to work each day.” 

Obtaining legal documents like drivers licenses and social security cards can help lift immigrants out of poverty, said Msgr. David O’Connell.

SACRAMENTO — State police will replace National Guard troops who began patrolling three major California bridges after last fall’s terrorist attacks, Gov. Gray Davis said Wednesday. 

Uniformed troops armed with automatic weapons will continue their watch over San Francisco’s Golden Gate Bridge, Davis said, because it is a national treasure. He said that decision was made after talking with the Golden Gate Bridge Authority, but will be reevaluated this summer. 

By month’s end, the troops will be gone from San Francisco’s Bay Bridge, the Vincent Thomas Bridge at the Port of Los Angeles and San Diego’s Coronado Bridge. 

They will be replaced by increased patrols by California Highway Patrol officers working in coordination with local police, surveillance from boats and aircraft, as well as 24-hour electronic monitoring of key parts of the bridges. 

The U.S. Coast Guard, FBI and Federal Aviation Administration, will continue helping, along with local agencies including the San Diego Harbor Police and Los Angeles Terrorist Task Force, he said. 

Davis said the decision was made after “dozens” of meetings between state and local law enforcement officials. He described the guard as having played “an important transitional security role” in safeguarding the bridges. Major General Paul D. Monroe, who heads the guard, also praised the troops. 

But Davis’ announcement came less than a month after four National Guard troops patrolling San Francisco Bay area bridges complained their equipment was outdated and poorly maintained, they had inadequate security training for dealing with civilians, and that they’d been told they were stationed at the bridges “just for show.” 

Monroe immediately gave the troops new Humvee vehicles and weapons-cleaning kits. 

At the same time, former U.S. Drug Czar Gen. Barry McCaffrey described the Guard as “the wrong organization to address these new security challenges,” during a visit to San Francisco to discuss the war on terrorism. McCaffrey has a daughter who is a major in the Guard. He said military police should be used, but Monroe said those units had all been deployed elsewhere. 

Davis’ November decision to post troops at the bridges was sharply criticized from the outset. 

He acted after federal agencies warned of a potential terrorist threat to unnamed Western bridges, a warning the FBI had asked not be publicized because of its questionable nature. The FBI later said the threat was made up by a person who walked into an overseas embassy, though Davis said he had no choice but to take it seriously at the time. 

The National Guard left most of the state’s major airports Friday after local police took over their jobs there as well.

SACRAMENTO, Calif. — Sen. Jackie Speier has been trying for two years to pass financial privacy legislation in the California Legislature. 

But the bill has encountered a “wall of blue suits,” she said, as multitudes of lobbyists from banks, insurance companies, investor services and other businesses swarm into Sacramento to kill it. 

“The battleground for financial privacy in this nation is happening here in California,” said Speier, a Democrat from Daly City. “We are ground zero. It’s not just a wall of blue suits from California. They’re importing them from across the country.” 

California legislators, along with consumer and environmental groups, have become unhappy with the pace of action in Congress, turning the Capitol into a battleground for national issues. 

What happens in California spreads to other states, said Carl Kurtz, director of state services for the National Conference of State Legislatures. “What California does gets a lot more notice because of the size.” 

So far this legislative session, committees in California’s Legislature have approved bills limiting carbon dioxide emissions from cars, tightening regulations on accountants and increased financial privacy for consumers. All are expected to produce major battles in the full Assembly and Senate. 

Nearly one-third of money spent lobbying state lawmakers nationwide was spent in California, according to a recent report by the Center for Public Integrity. 

In 2000, special interests seeking to influence California lawmakers and elected officials spent more than $180.5 million, almost three times as much the next-highest state, New York, with $66.3 million. 

“For reformers, the state of California is critical,” said Jerry Flanagan, spokesman for the California Public Interest Research Group, “because of the size of the markets and the buying power that California consumers represent.” 

Unlike Washington, where a Republican president and Republican-controlled House of Representatives can stop what are considered liberal bills, Democrats control the Assembly, Senate and the governor’s office. 

That hasn’t escaped corporate interests, who are working to either kill or seriously amend several of those bills moving through the Legislature. 

At the top of their list is a bill by Assemblywoman Fran Pavley, D-Agoura Hills, that seeks to regulate carbon dioxide emissions from autos. 

Carmakers oppose the bill because “we don’t see it giving any benefit for the customer, and it creates an island for the market, which is the largest in the country with 10 percent of sales,” said Peter Welch, a lobbyist for the California Motor Car Dealers Association. 

After Congress rejected a bill to require carmakers to increase fuel mileage for their fleets, national environmental groups “started coming to California in numbers we haven’t ever seen before,” Welch said. That’s because Pavley’s bill gives them “a back door to increase fuel economy by regulating carbon dioxide.” 

For years, California has led the nation in creating tougher emissions standards, once getting a federal Clean Air Act exemption to let the state set more stringent rules. 

Eventually, the federal government adopted California’s standards, so automakers make engines that conform to all states’ rules, Welch said. “So everyone in the country is paying more for them, not just California.” 

Senate Leader John Burton, a San Francisco Democrat who supports Pavley’s bill, said carmakers are “pulling out every stop they can” to kill it, because “it’s an issue that if we could pass it, Congress would pass it.” 

Assemblyman Lou Correa, D-Anaheim, said he’s also experiencing a “full-court press” from lobbyists opposing his bill to prohibit auditors from also offering consulting services to their clients. 

Other states would follow a change in California, Correa said, so the industry wants to kill his bill now. Other states are also considering changes after the collapse of energy giant Enron amid alleged accounting fraud. 

“That’s the case in a lot of issues,” he said. “We are the fifth largest economy.” 

Correa said he’s resisting attempts by industry lobbyists to “gut and amend” his bill with language that mimics a federal bill pending in Congress. 

Those changes would no nothing to reform auditing practices, said Flanagan, whose group support Correa’s bill and two others. “The Big 5 accounting firms are trying to derail investor protections and replace it with the status quo.” 

Council bans sexually-explicit shows before midnight 

Tuesday evening City Council paved the way for what some are touting as the most stringent television-regulation policy in the nation and others say is needed protection from pornography. 

In a 7-1 vote councilmembers approved a proposal that forces “adult” and “sexually explicit” programs to air only after 12 midnight and before 6 a.m. on the community’s two public television stations. 

Currently, most stations adhere to a 10 p.m. Federal Communications Commission guideline for so-called “implicit” programming — a guideline that First Amendment challenges have shown optional. But Berkeley leaders say, with the new ordinance, the courts are on their side. 

City Attorney Manuela Albuquerque, at Tuesday’s meeting, said that it was the will of the Supreme Court to safeguard children from sex on television. The city could legally enforce “time-segragation” rules, she affirmed. 

Since free-speech laws prevent the city’s public stations, run by Berkeley Community Media, from pre-screening programs for content, Berkeley’s new ordinance sets up a review process and staff member to provide “oversight” and “ultimate authority” over programming. 

Councilmember Kriss Worthington represented the only vote against the ordinance. 

“The last thing our city needs is to be involved in the censorship of public access,” he said Monday night, labeling the ordinance a “needless threat to free speech.” 

At least one community member has already threatened a lawsuit against the city, on grounds that his First Amendment rights will be violated. 

But Councilmember Miriam Hawley insisted the new ordinance was “not censorship,” just “rescheduling.” She added that the city of Seattle has adopted a similar ordinance which has had no legal challenges. 

The television-rescheduling ordinance must be heard by councilmembers at another meeting before it takes effect.

To The Editor, 

Stephen Dunifer's May 6 letter (“Dont Believe the Hype”), critical of Berkeley City Councilmember Dona Spring’s council record contained so many misrepresentations and errors that I am compelled to respond. 

As a former Central Council member of the Green Party of Alameda County, I can state that Mr. Dunifer's claim that Councilmember Spring's record is “anathema” to what the Green Party's political platform “stands for” is not only a regrettable, misinformed statement, but absolutely stands reality on its head. 

In accordance with the Green Party's “Ten Key Values” platform, Councilmember Spring has authored, co-authored, or voted for more city social justice, environmental and affordable housing measures/ordinances than perhaps any sitting Berkeley City Council member with the possible exception of Vice Mayor Maudelle Shirek.  

Over the last decade, Councilmember Spring's list of accomplishments would take up an entire newspaper page to publish. The following are just a few of her most significant achievements since joining the City Council:  

— Creation of at least 1,400 units of new, acquired or rehabilitated affordable housing in Berkeley, including hundreds of sustainable, mixed-use in-fill units along transit corridors. 

— Obtaining AC Transit “eco-passes” for UC Berkeley's 30,000 students (and, in the future, for all Berkeley city employees). 

— Closing UC Berkeley's LBNL radioactive tritium facility (in conjunction with neighborhood environmental activists). 

— Passage of a measure to create a future public power entity/district in Berkeley. 

— Prohibition of styrofoam cups and containers in Berkeley. 

— Passage of dozens of measures in support of organized labor and/or local unionizing efforts. 

— Strong endorsement of — and actively campaigning for — every affordable housing Rent Stabilization Board election slate (affordable housing slates have won every election since 1994 helping to ensure stable, affordable rents for Berkeley's 19,000 rent-controlled households). 

— Co-author of a resolution calling for an end to the U.S. bombing of Afghanistan and harm to innocent civilians. This resolution provoked a series of death threats against Councilmember Spring and other coucilmembers at the time. 

— Working closely with the city's disabled community, campaigning on behalf of a ballot measure establishing a free, “universal” emergency assistance service for Berkeley's disabled population. 

Although space prevents me from rebutting in detail each of Mr. Dunifer's misrepresentations, his one claim that Councilmember Spring purportedly supported “poor law” proposals directed at the city's homeless community is absolutely false.  

Mr. Dunifer is apparently referring to Berkeley ballot Measure “O” in the mid-1990s which concerned alleged public space behavior by homeless individuals. At the time, this issue was an orchestrated political effort spearheaded by the centrist/conservative majority that controlled the City Council during those years. 

Councilmember Spring publically opposed Measure “O” and sought vigorously to defeat it at the time. 

Councilmember Spring’s public service record on behalf of her District 4 Berkeley constituents and the Green Party has always been exceptional and speaks for itself. Her District 4 voters have re-elected Councilmember Spring four times by overwhelming margins. Along with California’s other 49 elected Green Party officials statewide, Councilmember Spring remains one of the party’s most respected and stalwart members.  

- Chris Kavanagh 

Berkeley

Sitcoms even less diverse than last year; children’s hour has fewest minorities 

LOS ANGELES — Network television has made scant progress toward ethnic diversity in programming and even lost ground when it comes to the shows favored by young viewers, a new study says. 

A 1999 vow by the major networks to include more minorities in prime-time series has largely gone unfulfilled, according to an analysis of the current season by Children Now, a research and advocacy group. 

The networks are telling “essentially the same old tale,” the report said, in which younger white males predominate, ethnic actors are relegated to supporting roles and female characters are often stereotypes. 

Reality, variety and wrestling programs had “a fair amount” of diversity, said Children Now researchers, who looked at those genres for the first time. 

“Fall Colors 2001-02,” the group’s third annual study of prime-time programming, examined the first two episodes of each evening series airing last fall on ABC, CBS, Fox, NBC, UPN and WB. 

Children Now began the studies after broadcasters, under pressure from the NAACP and other civil rights groups, agreed to work toward more inclusive programming. 

Calls seeking network comment were not immediately returned Tuesday. 

The latest report found shows in the 8 p.m. hour to be the most segregated on prime-time TV. Young viewers do most of their prime-time viewing during that sitcom-dominated hour, according to Nielsen Media Research data cited by the report. 

Ethnically mixed casts tend to be concentrated in later-evening dramas such as “ER” and “The Practice,” with the 10 p.m. series offering nearly four times the diversity of 8 p.m. programs. 

There was a substantial drop insitcom diversity. Only 7 percent of comedies had ethnically diverse starring casts, compared to 14 percent last season. 

The study found subtle differences in how whites and minorities are portrayed. A majority of young white characters are shown interacting with their parents, compared with a fourth of Hispanic youths. 

Black families are almost exclusively shown as the focus of comedies, and black households headed by professionals are portrayed as more affluent than white ones, the study found. 

Minorities are much more likely than whites to be portrayed as service workers, unskilled laborers and criminals. 

The picture is somewhat different for gay and lesbian characters, who have gained increased visibility on network TV. So did characters with disabilities, the study found. In both instances, however, most such roles go to whites. 

Native Americans are largely ignored and Native American women are nonexistent on network TV, the study found. 

The Children Now report is another in a long line citing the same problems, said Alex Nogales, president of the National Hispanic Media Coalition. 

“We need to make these reports part of a bigger puzzle,” he said. “We need to find the underlying reasons this is going on and that no one is addressing. Is it racism, is it economics and what specifics can be done to remedy the situation quickly?” 

California legislators are considering a bill that would go “right to the root” of the problem by authorizing a study of hiring practices and patterns in the entertainment industry, Nogales said. 

The bill, AB 1904, would ask the University of California to study the topic and report to the Legislature and Gov. Gray Davis by January 2004.

Playoff win sets up rematch with University 

The Berkeley High boys’ lacrosse team advanced to the semifinals of the Northern California Postseason Tournament with a 12-3 thrashing of Marin Catholic on Tuesday in Berkeley. 

The Yellowjackets had been getting balanced scoring during the regular season, but got most of their goals from five players against the Wildcats. Nick Schooler led the way for Berkeley with two goals and two assists, while Cameran Sampson had two goals and one assist. Julian Coffman, Dan Vilar and Sam Geller each scored two goals for Berkeley as well. 

The third-seeded Yellowjackets overcame a sloppy start to beat the Wildcats, who they defeated 6-1 in the regular season. The first six minutes of the game were filled with Berkeley turnovers and poor coverage, uncharacteristic errors for the ’Jackets. 

“We definitely had some pregame jitters,” Schooler said. “We don’t have anyone with playoff experience (Berkeley hasn’t made the playoffs in four years), and that showed early in the game.” 

Luckily for the ’Jackets, Marin Catholic couldn’t take advantage of the early miscues and Berkeley struck first. Julian Coffman got the first goal for the ’Jackets, taking a feed from Jesse Cohen at the top of the box and whipping a shot into the net. Schooler keyed the next goal, picking up a loose ball in traffic near midfield and finding Noah Flessell in the clear for a breakaway. Schooler then scored off of a rebound just before the end of the first quarter, and Berkeley was in control with a 3-0 lead. 

The Wildcats struck back just after the break, as defenseman Lachlan McLean took the ball the length of the field before dumping it off to Jake Bourne, who spun past a Berkeley defender and put a shot through goalie Marc Bloch’s legs. 

The game was scoreless for the next seven minutes, but Berkeley would score the next four goals to open a big margin. Sampson rushed the Marin Catholic net unchecked after entering on the fly, with Cohen finding him for an easy score. Vilar and Schooler both scored in the final two minutes before halftime for a 6-1 lead, and Coffman scored again after halftime before Marin Catholic could get another goal. 

When the Wildcats did score, however, it was on a spectacular solo effort from Kelly Stephen, who bulled his way through a triple team to get to the net. Stephen would score another great goal late in the game, but the ’Jackets were up 10-2 by that point and had the game locked up. 

The win sets up a likely rematch with University (San Francisco) on Thursday in San Francisco. The Red Devils edged Berkeley, 7-6, on a last-minute goal on a sloping, bumpy field with high grass in March, a far cry from the even, hard Astroturf of the ’Jackets’ home field. The second-seeded Devils will again have home-field advantage on Thursday, although most likely on a more playable field, along with the postseason experience that comes with being one of the regions top programs. 

“If we go in there like we’ve got our heads cut off like we did today, it’s going to be a very long day,” Berkeley head coach Jon Rubin said. “We can’t play University like that. Every kid they have has playoff experience.” 

The ’Jackets have sometimes played tentatively on the road, especially against good teams. Rubin thinks if his team can overcome that tendency and plays to its potential, Berkeley could come out with a win. 

“If we play a great game, I’m confident we’ll be the better team,” he said. “They’re more experienced and poised, but if we play as well as we can, we should win.”

The chair of the UC Berkeley English Department said her office has received a stream of hate mail from Israeli partisans in recent days for sponsoring a fall, 2002 course called “The Politics and Poetics of Palestinian Resistance.”  

“We’ve gotten some letters of support and some very thoughtful letters of opposition,” said department chair Janet Edelman. “(But) we’ve gotten some quite irrational and virulent hate mail as well.”  

The course received national attention this week because the instructor, graduate student Snehal Shingavi, a leader of Students for Justice in Palestine, included a sentence at the end of the official course description stating that “conservative thinkers are encouraged to seek other sections.” 

University officials said the line violated the Faculty Code of Conduct, which prohibits discrimination on the grounds of political beliefs. Shingavi has removed the sentence at the university’s request. 

“I would be disappointed to hear that pro-Israeli supporters would not be engaging in a constructive dialogue with the university,” said Randy Barnes, a UC Berkeley student and member of Israel Action Committee, discussing the hate mail. “There are real concerns that should be reasonably and politely discussed...That he would be so arrogant as to put ‘conservative thinkers need not apply’ shows where this class is coming from.” 

Edelman, who declined to release the text of the hate mail, said in the past the department has allowed instructors to craft their own course descriptions without oversight. She said the practice was a “mistake” and that faculty will review every description in the future. 

The university has not touched the bulk of the description, which includes language describing “the brutal Israeli military occupation of Palestine,” an occupation that “has systematically displaced, killed, and maimed millions of Palestinian people.” 

Roger Kimball, managing editor of a magazine called “The New Criterion,” and author of an editorial in the “Wall Street Journal” criticizing the class, said the course is “political activism masquerading as academic study” and is inappropriate. 

Kimball said the university’s decision to simply remove the final line from the course description is inadequate. 

“It’s just a kind of bureaucratic window dressing to preserve appearances,” he said, arguing that leftist, overly political courses are rife at UC Berkeley and throughout academia. 

But Edelman said Shingavi’s class is a “great course.” She said she is working with the instructor to ensure that there is an open dialogue in the classroom. 

Will Youmans, a leader of Students for Justice in Palestine, said maintaining the course is a matter of academic freedom and inclusion. 

“It’s taking an important step in recognizing Palestinian history and Palestinian culture in a way you don’t see happening on college campuses,” he said. 

Shingavi could not be reached for comment.

To the Editor:  

Kevin Zwick of Affordable Housing Associates (AHA) does not understand why the residents on Sacramento Street do not want a four-story building nearby. This lack of understanding is the only reason the City Council is currently reviewing the project. If the project is delayed one more year, AHA can only look to themselves for answers.  

AHA needs to understand why the residences of Berkeley neighborhoods oppose their projects. We are frustrated with AHA and ZAB not listening to our frustrations and concerns.  

While Sacramento is a major artery in Berkeley, it is also a residential street with small pockets of commercial development. Maybe AHA needs to locate the affordable housing in more appropriate neighborhoods within Berkeley, if four stories are necessary. 

I support more housing in Berkeley. I believe that seniors, the disabled, and low-income families deserve a chance to live in decent housing within the Berkeley city limits and I would like to see them have that housing on Sacramento Street.  

What Kevin Zwick of AHA does not understand is that he needs to conform to the existing structure of the neighborhood. Sacramento Street should not be spotted with large four-story buildings standing out in contrast to the small commercial buildings and residential housing (the majority of which are single-story detached homes). When are the ZAB and the Design Review Committee going to recognize the need for some architectural consistency? 

I also question the AHA need for the fourth story on this building. Will these penthouses be available to seniors, the disabled, and low-income families? Or will they be available to the highest-bidders? 

- Angela Canepa 

Berkeley

SAN FRANCISCO — Chinese speakers nationwide have a new late-night talk show host to turn to with the syndication of a nightly Mandarin-language call-in show. 

The half-hour “China Crosstalk” will air nightly at 11 p.m. PDT starting Monday on cable’s International Channel. 

The show, which started as a radio program at a 1 kilowatt station in San Francisco in 1997, focuses on news affecting Chinese Americans, according to host and co-founder Jay Stone Shih. 

“What’s happening in Asia? What’s happening in the U.S.? How does that affect the Chinese community?” Shih said, comparing his show’s format to CNN’s Larry King and himself to a Chinese-speaking Charlie Rose. “It’s really news-driven.” 

Shih brought the program to television in 2000, and has been co-producing the show with Brisbane-based KTSF ever since. 

“We deal with issues for the Chinese community that are national and international in scope,” said Michael Sherman, general manager of KTSF. “The show has had such legs here in the Bay Area that there’s no reason not to take it to a broader scale.” 

International Channel Networks, based in Centennial, Colo., delivers news, drama and movies from around the world in 20 languages, according to spokeswoman Teresa Wiedel.

St. Mary’s golfer wins North Coast title 

St. Mary’s High senior Brian Haller won the North Coast Section Tournament of Champions individual title on Monday, shooting a two-under par 70 at the Baywood Golf and Country Club in Arcata. 

Haller, who will play at St. Mary’s College next year, edged California High’s Jong Yoon by one shot with an eagle on his final hole, the 16th. 

Haller and Yoon advance to the Northern California Championship at Monarch Bay in San Leandro on Monday, along with Alameda High’s Keith Lial and Brian Rasmussen of Eureka. 

De La Salle High won the team title with a total of 304, and Bishop O’Dowd also qualified as a team. 

Jackson a semifinalist for Howser Trophy  

Cal sophomore first baseman Conor Jackson, who already this season has been a Pac-10 Player of the Week and selected to participate in the 2002 USA Baseball National Team Trials, is now a semifinalist for the Dick Howser Trophy as the nation’s top collegiate baseball player.  

Jackson is currently batting .384 and leads the Pac-10 in hits (83), home runs (16), RBI (61) and total bases (150). Last week in the Bears sweep of Oregon State at Evans Diamond, he was 7-for-13 with three runs, three walks, two doubles and two RBI. Twice this season Jackson has hit home runs in four consecutive games. 

Cal’s McKeever wins national award  

Cal head women’s swimming coach, Teri McKeever, will be presented the National Collegiate and Scholastic Swimming Trophy at the 42nd annual CSCAA NCAA and NAIA Awards Banquet May 22 in Tampa Bay, Florida. 

McKeever has twice been named Pacific-10 Conference Coach of the Year and has coached the past four Pac-10 Swimmers of the Year.  

In the past six seasons, McKeever has led the Bears to ninth, eighth, fifth, fourth, seventh and eighth-place NCAA finishes, while amassing a 57-16 dual meet record and coaching eight different national champions. This past summer, she saw two of her swimmers, Haley Cope and Natalie Coughlin, win gold medals at the 2001 World Championships in Fukuoka, Japan, and was a member of the United States’ coaching staff at the 2001 Goodwill Games in Brisbane, Australia.

African-American Studies chair calls for “healing” in school community 

Robert McKnight, candidate for the Board of Education, wants to heal. 

“We need to create a process of healing between the community and the board because there’s been a lot of pain that has been inflicted,” said McKnight, who is currently a discipline dean and chair of the African-American Studies Department at Berkeley High School as well as a pastor at the Rock of Truth Baptist Church in Oakland. 

McKnight declared last week that he will run for the board, making him now one of six candidates who will compete for three slots in November. Incumbents Shirley Issel and Terry Doran, activists Derick Miller and Nancy Riddle, and BHS senior Sean Dugar all say they will run. Nutrition activist Joy Moore is also weighing a candidacy. 

McKnight said the board, which faces a $5.4 million deficit next year, has resorted to “crisis communication,” rather than “real listening and exchange” with the community. 

“He has a legitimate point that the amount of dialogue and discussion hasn’t been ideal,” said Doran. 

But Doran pointed out that the Fiscal Crisis & Management Assistance Team, a state body that has been advising the district on financial matters since the fall, did not provide the board with the first deficit figures until January.  

Doran said a shortened timeline forced the board, which has already passed over $3.8 million in cuts, to move quickly with less public input than it would like. He said the normal budget process, with heavier community participation, will return next year. 

Issel said the compressed timeline limited public input. But, she argued that the district took seriously the testimony it did receive. 

“Much of what was said was taken in and responded to by staff, with revisions to the final recommendations,” she said. 

But McKnight said the communication problem runs deeper than the budget process. He said minority communities, in particular, feel they do not have access to the board. 

“There’s been a disconnect with the board since I’ve been in Berkeley,” said McKnight supporter Rev. Marvis Peoples of Liberty Hill Baptist Church in West Berkeley. 

But Peoples emphasized that the disconnect has been in place for all communities, not just minorities, and that board members must reach out to everyone. He said McKnight has the ability to speak to all of Berkeley. 

McKnight himself said it is important to move beyond the rhetoric of the “achievement gap” separating white and Asian-American students from African-Americans and Latinos. As a board member, he said, he would focus on raising achievement for all students. 

Vikki Davis, a member of Parents of Children of African Descent, a leading advocacy group, said PCAD has not yet taken a position on any candidates, but is scheduling meetings with McKnight and Moore and may put forth a candidate of its own. 

PCAD has been a leading voice in the movement to transform BHS into a series of compact, themed schools, arguing that the shift would help address the achievement gap. The high school currently has three small schools in place, but PCAD is pushing for wall-to-wall small schools. 

McKnight said small schools may play a role in raising achievement for all students, but he said Berkeley should retain the traditional high school model with a few compact schools within. 

“I think there will always be a need for the traditional model,” he said. “You always need something to come back to.” 

“That’s a huge factor,” said Davis, suggesting that McKnight’s position on small schools will play a significant role in PCAD’s decision about whether to endorse him. 

McKnight has also raised concerns about the board’s decision, in February, to move from a seven- to a six-period day at the high school next year. District officials acknowledge the shift will cut into the double-period science program and lead to reductions in electives, but the extent of those reductions is unclear. 

“We have a richness here that did not come about overnight,” said McKnight, discussing his concerns with the shift.  

As a board member, McKnight said, he would survey the community next year on the six-period day and push for changes if necessary. 

McKnight’s concern about the six-period day is one of several issues that put him in line with Miller. Both candidates say they have had discussions about forming an alliance and campaigning together as election day approaches. 

“We’ve been talking for a number of months and we’re pretty much of the same mind on the issues facing the district,” Miller said. 

If McKnight were elected, he would have to resign as a district employee. He said that reality is a concern, but will not deter him from running.  

Contact reporter: 

scharfenberg@berkeleydailyplanet.net

To the Editor: 

Seldom are we treated to such a display of truly poor quality thinking. Or could it be the authors of the proposed Berkeley height ordinance are not confused, but instead trying to confuse others in their attempts to freeze Berkeley in splendid isolation? 

Let’s start with bad statistics. These folks have claimed repeatedly that Berkeley is the third densest city in Northern California. San Francisco is number one and guess what’s number two? Daily City! You gotta be kidding! To the passing observer of Northern California, you’d swear dozens of blocks in Oakland, San Jose and Sacramento are way more dense than even the densest dozen in Berkeley. Daily City? Even more dense?  

City areas, in the crudest way of calculating, can include lots of open space — even large bodies of water — in some cities and very little in the case of others. Tilden Park is well-used by Berkeley and it is big, but it’s in Oakland’s legal boundaries so that makes Berkeley look more dense and Oakland less. Why use statistics like that that are obviously misleading? To mislead, obviously. 

Let’s add to bad statistics, internal contradiction. The height ordinance reads, “WHEREAS Berkeley is one of the most densely populated, traffic congested cities in Northern California, with diverse neighborhoods featuring mainly low-rise houses and apartments....”  

I hope most people are bright enough to catch that one, and all within a single sentence. How can it be so frightfully "densely populated" and yet be "mainly low-rise"? You got it — it can’t. "Mainly" is a real understatement too - Berkeley has 1,275 blocks and how many of them do you really think are "dense"? If you said 75 you’d be stretching it by any definition but those of abject sprawl. And 1,200 blocks of low-density development is not just "mainly," it’s 94 percent. It’s almost all low-density, and not the frighteningly crowded city they portray. 

Now it is true that Berkeley is frequently crowded with cars, but if the crew promoting the height ordinance ever looked outside our city limits and were honest about it, they would be yet more horrified — because in many dozens of towns any of us can visit a situation that is truly Dante-esque. Traffic is not just hell out there, but the lower levels of it. Bad as it is, we are absolutely not one of the most car-clogged communities in Northern California. 

Wind tunnels between taller buildings, they claim? Simplistic thinking in the extreme. If the buildings are tall and the streets are narrow, wind is reduced. If the buildings are tall and the streets wide, wind is increased. If the streets are straight and oriented toward the prevailing wind, expect higher wind speed. If the streets are diagonal to the prevailing wind, curving or change direction jogging this way and that, then taller buildings slow the wind. If the climate is decidedly wimpy like Berkeley’s, so are the people who think modestly taller buildings are some kind of climatological nightmare. Relative to the need for housing, efficient transit and environmental solutions, this micro-inconvenience — if it exists at all! — is practically nothing. 

Solar energy wrecked by higher density development? Solar’s just fine but you gain 10 times the efficiency if you move from an all-solar house in the ‘burbs into any town where you can sell the car and walk to most of your needs, 10 times over! Peter Calthorpe was the first to demonstrate this in the 1970s and the figures are almost identical today. 

Traffic congestion? Are they the last to learn on the whole planet? Higher densities, not lower, solves most traffic congestion problems, empowering transit and bicycles. Strain the infrastructure? Though on any given land area higher density means more infrastructure in total quantity, it means far less per person than in the same area of low-density development. 

Earth quake hazards of taller buildings is another repeatedly-used scare tactic of the height ordinance boosters, and this is close to irrelevant too since the strength and design of the building is the essential component for safety. I have photographs of a mosque in Turkey taken after a recent earthquake with a standing six-story dome surrounded by delicate-looking minarets that must be 12 stories high and all around there are three- and four- story buildings, some standing and some completely flattened. Surprise to the height ordinance authors: the weak ones fell and the strong ones stood up. 

The fallacious logic is relentless in the height ordinance and the most unconscionable thing about it is that it never begins to consider the rest of the world that Berkeley is part of and our responsibility for relating to it in a socially and environmentally healthy manner. Providing housing for those who need it? Working to save energy, prevent pollution, stop climate change, sustain other species? Underlying their logic is the simple ethic that it’s OK to ignore all that and freeze in place exactly what they enjoy now. That’s not enough for a healthy future. 

In sum, the proposed Berkeley height ordinance is one of the most thoroughly deplorable pretenses at reasoning I have ever seen. 

- Richard Register 

Berkeley 

Today is Wednesday, May 15, the 135th day of 2002. There are 230 days left in the year. 

Highlight: 

On May 15, 1942, gasoline rationing went into effect in 17 states, limiting sales to three gallons a week for non-essential vehicles. 

On this date: 

In 1602, Cape Cod was discovered by English navigator Bartholomew Gosnold. 

In 1886, poet Emily Dickinson died in Amherst, Mass. 

In 1911, the Supreme Court ordered the dissolution of Standard Oil Co., ruling it was in violation of the Sherman Antitrust Act. 

In 1918, U.S. airmail began service between Washington, Philadelphia and New York. 

In 1930, Ellen Church, the first airline stewardess, went on duty aboard a United Airlines flight between San Francisco and Cheyenne, Wyo. 

In 1940, nylon stockings went on general sale for the first time in the United States. 

In 1963, U.S. astronaut L. Gordon Cooper blasted off aboard Faith 7 on the final mission of the Project Mercury space program. 

In 1970, Phillip Lafayette Gibbs and James Earl Green, two black students at Jackson State University in Mississippi, were killed when police opened fire during student protests. 

In 1972, George C. Wallace was shot by Arthur Bremer and left paralyzed while campaigning in Laurel, Md., for the Democratic presidential nomination. 

In 1991, French President Francois Mitterrand appointed Edith Cresson to be France’s first female premier. 

Ten years ago:  

A judge in Los Angeles ordered police officer Laurence Powell retried on a charge of excessive force in the beating of Rodney King (however, the charge was eventually dropped). 

Five years ago:  

Space shuttle Atlantis blasted off on a mission to deliver urgently needed repair equipment and a fresh American astronaut to Russia’s orbiting Mir station. Attorney General Janet Reno requested the death penalty for Unabomber suspect Theodore Kaczynski. (However, under an arrangement in which he admitted his guilt, Kaczynski later agreed to be sentenced to life in prison without possibility of parole.) 

One year ago:  

Tens of thousands of Palestinians packed town squares in the West Bank town of Ramallah as they marked what they called the day of “catastrophe” in 1948, when they were uprooted and the state of Israel created. A celebratory mood took hold of Japan after the palace formally announced that Crown Princess Masako was pregnant. A runaway freight train rolled about 70 miles through Ohio with no one aboard before a railroad employee jumped onto the locomotive and brought it to a stop. 

Today’s Birthdays:  

Actress Constance Cummings is 92. Singer Eddy Arnold is 84. Actor Joseph Wiseman is 84. Playwright Sir Peter Shaffer (“Equus”) is 76. Playwright Paul Zindel is 66. Actress-singer Anna Maria Alberghetti is 66. Counterculture icon Wavy Gravy is 66. Former Secretary of State Madeleine Albright is 65. Singer Trini Lopez is 65. Singer Lenny Welch is 64. Actress-singer Lainie Kazan is 62. Actor-director Paul Rudd (“Knots Landing”) is 62. Country singer K.T. Oslin is 60. Singer-songwriter Brian Eno is 54. Actor Nicholas Hammond (“The Sound of Music”) is 52. Actor Chazz Palminteri is 51. Baseball Hall-of-Famer George Brett is 49. Actor Lee Horsley is 47. Singer-rapper Prince Be (PM Dawn) is 32. Actor Brad Rowe is 32. Actor David Charvet is 30. Rock musician Ahmet Zappa is 28. Olympic gold-medal gymnast Amy Chow is 24. Actress Jamie-Lynn Sigler (“The Sopranos”) is 21. 

Senior Prank Has Town Buzzing 

DELAND, Fla. — DeLand High School was buzzing with activity earlier this week, but it had nothing to do with excitement about the soon-to-end school year. 

A principal says students released 80,000 bees on campus in an apparent prank on Monday. Students were sent home early after eight beehives were glued down on school grounds and the swarms escaped, said principal Mitch Moyer. No one was stung, he said. 

“We’ve contended with various senior pranks over the years, but this one could have been dangerous,” said Moyer, who is allergic to bee stings. 

The Volusia County Sheriff’s office was investigating the incident. 

If the pranksters are students, they could be barred from the school’s graduation ceremony, officials said. 

“It’s the best prank ever. It canceled school,” said Emary Frederick, 18, who along with 530 seniors finishes high school Thursday. 

The beehives were marked as property of Horace Bell Honey, a 40-year-old DeLand-based wholesale apiary. Beekeeper Luella Bell estimates her business will lose $800 due to the prank. 

She said the stolen hives contained younger bees, which are not as likely to sting as older, more aggressive bees. 

Jury duty goes upscale in Orange County  

SANTA ANA, Calif. — Receiving a jury summons may not be such bad news anymore for people living in Orange County. 

Court officials unveiled a new jury assembly room designed to appease potential jurors. Faux leather couches and ergonomically designed chairs replaced bench and floor seating. 

There are two dozen workspaces equipped with modem connections so prospective jurors can keep themselves busy. A network of seven large-screen televisions and a video projection system also have been installed to make the waiting game less grueling. 

“The best thing is that people can get work done when they’re waiting,” said jury candidate Lillian French, 42, of Santa Ana. 

The upgrades to the state’s largest jury assembly room cost more than $1.5 million. The room can hold as many as 600 people.  

Minnesota grocers  

may wrestle ... again  

MINNEAPOLIS — A grocery store chain, accused of ripping off a competitor’s advertisements, tried to laugh off a lawsuit by repeating a decade-old publicity stunt. 

Rainbow Foods on Monday suggested a wrestling match between one of its executives and a leader of rival Cub Foods, which filed a lawsuit against Rainbow last week. 

Cub, a unit of Eden Prairie-based SuperValu Inc., accused Rainbow, a unit of Fleming Cos., of stealing Cub’s newspaper inserts prior to publication and using them to undercut its prices. 

Rainbow has several weeks to file a legal response to the lawsuit. Executives asked a Minneapolis public relations firm to craft a response in the meantime. They came up with the wrestling idea, complete with a “Rainbow Rumble” logo. 

The match gained enormous publicity for both companies and has been mentioned in several books since. 

Cub rejected Rainbow’s wrestling proposal, saying it “trivializes what we believe are legitimate and serious allegations, which will be appropriately addressed in a court of law, not in the wrestling ring.” 

Utility district officials deny charges of mishandling asbestos 

One of two reservoirs found to pose a “serious” health risk to employees of the East Bay Municipal Utility District was the Claremont Reservoir, a covered reserve of 8.1 million gallons of drinking water off Claremont Avenue. 

Alleging that carcinogenic asbestos dust could have splintered from the transite roof of the reservoir and harmed workers on site, the state’s Division of Occupational Safety and Health stuck EBMUD managers with six citations last week, ranging from failure to survey asbestos locations to a lack of hazard assessment effort. 

The most severe allegation, classified as “serious” because it could lead to physical harm or death of employees, according to Cal-OSHA officials, was failure to promptly clean up hazardous material once it was discovered. 

EBMUD managers are responding to the charges with dismay. 

District spokesperson Charles Hardy said the district has been monitoring air quality at the reservoir, since receiving concerns about airborne asbestos from employees, and contends that the employees were never put in any danger.  

“At no time did we come close to the limit Cal-OSHA sets for health hazards,” he said. “In most cases, we were 10 times below that limit.” 

The district will appeal the “serious” citation and perhaps others, Hardy said. It’s not because of the $3,350 they are being forced to pay, it’s because of principal, he noted. 

“We are confident that our employees have been safe,” Hardy said. “ What’s more important now, though, is not dealing with Cal-OSHA but dealing with our employees.” 

The 22 gardeners that work for EBMUD are responsible for cleaning the asbestos-laden roofs of the district’s more than 150 storage reservoirs, and their union representative was who first took up issue with the asbestos. 

Long-standing issues between employees and management have strained recent labor relations, but Hardy said that managers have been sensitive to this and have responded diligently to the gardeners’ asbestos complaints. 

The employees have not been directed to work at the sites in question, and management has brought in health professionals to assess the sites, he said. 

Employee representatives did not return phone calls before press time. 

Cal-OSHA spokesperson Dean Fryer said penalties for the citations are due by June 10 and EBMUD is required to correct the situation by this time as well. 

In addition to the Claremont Reservoir, the larger Central Reservoir in Oakland is also cited in the six citations given to EBMUD. Other district reservoirs are under investigation too. 

“We don’t hand these citations out frequently,” Fryer said. 

Contact reporter at: 

kurtis@berkeleydailyplanet.net

LONG BEACH, Calif. — Out-of-state students may have to pay hundreds of dollars more for tuition this fall at California State University under a proposal by the 23-campus system. 

CSU trustees were set Wednesday to vote on the proposal, which would increase fees up to 15 percent for out-of-state students. 

It was expected to easily pass, making it the first increase in CSU fees in 10 years. The fee hike would still require approval by the Legislature. 

“We believe it’s necessary,” said CSU spokeswoman Colleen Bentley-Adler. 

The CSU estimates the fee increase would generate an additional $11.8 million, money needed because of the state’s current budget crisis, officials said. 

California faces an estimated $23.6 billion budget shortfall brought on by sagging state revenues, the collapse of the high-tech industry and financial woes related to the Sept. 11 terrorist attacks. 

Gov. Gray Davis’ budget released Tuesday did not call for tuition increases, although it does call for all parts of state government, including higher education, to cut spending. 

The proposed tuition increase would affect about 10,800 student, said Richard West, system executive vice chancellor and chief financial officer. 

Under the proposal, out-of-state students next year would pay $282 per semester unit — up from $246 per unit — and $188 per quarter unit, up from $146 this year. Full-time students would pay $8,460. 

“The trustees are trying to bring the fees more in line with what it costs to educate a student,” Bentley-Adler said. 

She said it costs about $10,500 per year to educate a student. 

California resident fees are subsidized by the state. In-state students pay less than $2,000 a year. 

West said the board doesn’t anticipate another increase for out-of-state students and that in-state tuition would not go up. 

Dry, arid Imperial Valley appears miles removed from the bucolic green pastures where happy cows are seen frolicking in those popular California milk ads. 

But the stretch of desert just north of the Mexican border is hoping to emerge as the home of happy dairy farmers. It touts itself as one of the few places left in California that can fit in the state’s prosperous milk industry, which has grown steadily at about 4 percent a year. 

“We have more than 450,000 acres of cultivatable land,” said Jim Kuhn, a milk farmer and partner at the local Swiss cheese plant in El Centro, about 110 miles east of San Diego. “It’s just inevitable that they come here. There’s no way they can’t.” 

Unless they move out of state, which some dairy farmers are threatening to do in the face of a legal battle that has stalled 127 dairy expansion and construction proposals in central California’s four San Joaquin Valley counties. 

“They have to look at whether it’s better to spend the money fighting litigation that for all intents and purposes doesn’t seem to have an end, or spend the money to relocate and try to get on with your life,” said Michael Marsh, chief executive of Western United Dairymen, a trade group representing half the state’s dairy farmers. 

The San Francisco-based Center for Race, Poverty and the Environment and the Sierra Club have been suing local governments and dairies for the past four years on behalf of residents in Kern, Kings, Madera and Tulare counties, said center attorney Brent Newell. 

The lawsuits accuse officials of violating the California Environmental Quality Act by allowing dairies to grow without filing environmental impact reports in a region with some of the nation’s most polluted air. 

“It’s really unacceptable for one of these factory farm dairymen to insist upon the public to bear the cost of the pollution while they profit,” Newell said. “I’m talking about asthma in the San Joaquin Valley and higher health care costs.” 

The litigation has halted the issuing of permits for dairy projects that would have brought an estimated 75,000 cows to the area. 

Amid threats of an exodus, Imperial County has touted itself as an alternative to California’s dairying stronghold, said David Ritter, a projects coordinator at the county’s agriculture commissioner’s office. 

“We don’t have the same concentration of dairies that they do in San Joaquin,” he said. “We have a low population density. We’ve identified properties that would have the lowest impact on the environment.” 

With no ground water to pollute and 60 percent of the state’s alfalfa, the remote border region can support dairies if they can withstand a summer heat that often tops 100 degrees, said Jim Kuhn, who owns the area’s only large-scale dairy with more than 1,000 cows. 

“Cooling costs approximately $300 to $700 per cow,” Kuhn said. 

At least a dozen milk farms have inquired about moving to Imperial, and one dairyman has applied for a permit for a 3,000-cow facility, Ritter said. 

Newell remains skeptical that moving the dairies south will solve pollution problems, however. 

“It’s the way of polluting industries to relocate to places that have looser regulatory rules,” he said. “When counties take the first step to provide information to the public, and take the second step to mitigate those impacts, then you’ll see lawful compliance from counties.” 

Meanwhile, Hanford dairyman George Longfellow said some farmers are considering giving up on California entirely and taking some of its $3.7 billion-a-year milk and cream industry out of state. 

Longfellow, who is uncertain whether he should pursue plans to increase his herd by 900 cows, said an environmental impact report would cost him $100,000, with no guarantee he could ever get the project approved. 

“There have been some folks leaving the state just to avoid being put through the multimillion-dollar litigation from doing business in California,” he said. “They’ve gone to New Mexico, Nevada, Idaho ... some have even gone back east to Wisconsin.”

SACRAMENTO — Legislative committees advanced twin bills Tuesday repealing a provision in state law that shields gunmakers from lawsuits over their marketing of firearms. 

The bills are in response to a state Supreme Court decision last year based on current law. 

Gun control advocates said manufacturers should be held responsible if they market firearms in a way that may make them attractive to criminals. 

“California gives special protection for this grossly negligent behavior, protection that no other industry enjoys,” Marilyn Merrill, a survivor of a 1993 shooting in San Francisco, told the Assembly Judiciary Committee. 

Opponents, including the National Rifle Association and California Rifle and Pistol Association, argued repealing the protection could be used to bankrupt not only firearms manufacturers, but makers of other products like skateboards and skydiving equipment that are inherently dangerous even if used as intended. 

Merrill and other survivors filed the suit that hinged on the Supreme Court decision after a 1993 San Francisco law firm shooting known as the 101 California Street massacre. She and five others were injured, and eight people died along with the gunman, who killed himself. 

They argued that two of the guns the killer used had no legitimate sporting or self-defense purpose. 

The Assembly committee and its Senate counterpart each advanced the bills to votes in their respective chambers. 

In addition to repealing the immunity language, the measures would specifically add language that manufacturers could be held liable for negligence in the design, distribution and marketing of firearms and ammunition.

SAN FRANCISCO — Napster’s chief executive resigned Tuesday, after founders of the troubled song-swap company refused to be bought out by the German media conglomerate Bertelsmann AG. 

Further cost-cutting moves were also announced. The company is rapidly running out of cash and may soon file for bankruptcy protection, according to a source close to Napster who spoke on condition of anonymity. 

The resignation of Konrad Hilbers, a Bertelsmann veteran, comes amid a long hiatus for Napster, which has vowed to come back online as a subscription-based music download service. 

Napster has been offline since last summer, after it failed to meet guidelines handed down by a federal judge requiring it to keep all copyright music from being freely traded over its network. 

Since Napster’s service went dark last year, the five major record labels suing Napster — BMG, EMI, AOL Time Warner, Sony and Universal — all launched subscription services in response to the demand for music downloads that Napster created. 

Sony and Universal now offer fee-based downloads from their service pressplay. BMG, EMI and AOL Time Warner formed the joint venture Musicnet to offer a similar service in Napster’s absence. 

The five major labels have refused to settle their ongoing copyright infringement case against Napster and each of them — including Bertelsmann’s BMG Entertainment — remain plaintiffs in the case. 

Napster has had difficulty complying with U.S. District Judge Marilyn Hall Patel’s order to rid its network of pirated music. But the company, operating on a dwindling budget, has looked forward to relaunching its service. 

Hilbers took the helm of Napster last year. Napster’s future now appears in question as Hilbers’ departure represents a loss in confidence in the leadership of the Redwood City-based company. It turned down the buyout offer from Bertelsmann earlier this year. 

The German media conglomerate has extended about $85 million in loans to Napster, but the company has failed to generate revenue or launch a paid service. 

To further complicate matters for Napster, the company’s original investor, venture capital firm Hummer Winblad, and the uncle of Napster founder Shawn Fanning remain locked in a legal dispute over the division of funds from the sale of the company. 

In an internal memo to Napster employees sent by Hilbers and provided to The Associated Press by sources close to both companies, the chief executive bashed Napster’s board for refusing Bertelsmann’s offer. 

“I am convinced that not pursuing the offer is a mistake and it will lead the company to a place where I don’t want to lead it,” Hilbers said in the memo. 

Tuesday, Bertelsmann took another shot at Napster’s board for turning down the deal. 

“We regret that the Napster shareholders were unable to reach an agreement regarding the offer from Bertelsmann, however, we continue to believe in the value of peer-to-peer technology,” the company said. “We are hopeful that Napster’s brand and technology will be able to realize its potential as a compelling consumer proposition.” 

Napster said it would cut costs, but did not say how. The company laid off 30 employees on April 10. 

“We deeply regret that we have not yet been able to find a funding solution that would allow Napster to launch a service to benefit artists and consumers alike,” a Napster statement said. “We will be looking at additional steps in the coming week to further reduce expenses.” 

Analysts agreed Napster had potential, but several management miscues led the company down a path to failure. 

“It should have taken the deal from Bertelsmann, in hindsight,” said Sean Badding, an analyst from The Carmel Group. He said Napster’s brand name recognition still holds value and could be leveraged for profit by a future business. 

“If this does happen and Napster does file for bankruptcy, I think it would be one of the most compelling technologies to capture the American culture in recent times and then go on to failure,” Badding said. “From boom to bust, it had the most potential.” 

Phil Leigh, an analyst with Raymond James & Associates, said Napster’s rejection of the buyout came after Napster’s original investors sought immunity from damages in the record labels’ copyright infringement suit as part of the deal. 

Those were terms Bertelsmann would not go along with, Leigh said. 

“It looks like Napster is as dead as General Custer,” he added.

xSAN FRANCISCO — Napster’s chief executive resigned Tuesday, after founders of the troubled song-swap company refused to be bought out by the German media conglomerate Bertelsmann AG. 

Further cost-cutting moves were also announced. The company is rapidly running out of cash and may soon file for bankruptcy protection, according to a source close to Napster who spoke on condition of anonymity. 

The resignation of Konrad Hilbers, a Bertelsmann veteran, comes amid a long hiatus for Napster, which has vowed to come back online as a subscription-based music download service. 

Napster has been offline since last summer, after it failed to meet guidelines handed down by a federal judge requiring it to keep all copyright music from being freely traded over its network. 

Since Napster’s service went dark last year, the five major record labels suing Napster — BMG, EMI, AOL Time Warner, Sony and Universal — all launched subscription services in response to the demand for music downloads that Napster created. 

Sony and Universal now offer fee-based downloads from their service pressplay. BMG, EMI and AOL Time Warner formed the joint venture Musicnet to offer a similar service in Napster’s absence. 

The five major labels have refused to settle their ongoing copyright infringement case against Napster and each of them — including Bertelsmann’s BMG Entertainment — remain plaintiffs in the case. 

Napster has had difficulty complying with U.S. District Judge Marilyn Hall Patel’s order to rid its network of pirated music. But the company, operating on a dwindling budget, has looked forward to relaunching its service. 

Hilbers took the helm of Napster last year. Napster’s future now appears in question as Hilbers’ departure represents a loss in confidence in the leadership of the Redwood City-based company. It turned down the buyout offer from Bertelsmann earlier this year. 

The German media conglomerate has extended about $85 million in loans to Napster, but the company has failed to generate revenue or launch a paid service. 

To further complicate matters for Napster, the company’s original investor, venture capital firm Hummer Winblad, and the uncle of Napster founder Shawn Fanning remain locked in a legal dispute over the division of funds from the sale of the company. 

In an internal memo to Napster employees sent by Hilbers and provided to The Associated Press by sources close to both companies, the chief executive bashed Napster’s board for refusing Bertelsmann’s offer. 

“I am convinced that not pursuing the offer is a mistake and it will lead the company to a place where I don’t want to lead it,” Hilbers said in the memo. 

Tuesday, Bertelsmann took another shot at Napster’s board for turning down the deal. 

“We regret that the Napster shareholders were unable to reach an agreement regarding the offer from Bertelsmann, however, we continue to believe in the value of peer-to-peer technology,” the company said. “We are hopeful that Napster’s brand and technology will be able to realize its potential as a compelling consumer proposition.” 

Napster said it would cut costs, but did not say how. The company laid off 30 employees on April 10. 

“We deeply regret that we have not yet been able to find a funding solution that would allow Napster to launch a service to benefit artists and consumers alike,” a Napster statement said. “We will be looking at additional steps in the coming week to further reduce expenses.” 

Analysts agreed Napster had potential, but several management miscues led the company down a path to failure. 

“It should have taken the deal from Bertelsmann, in hindsight,” said Sean Badding, an analyst from The Carmel Group. He said Napster’s brand name recognition still holds value and could be leveraged for profit by a future business. 

“If this does happen and Napster does file for bankruptcy, I think it would be one of the most compelling technologies to capture the American culture in recent times and then go on to failure,” Badding said. “From boom to bust, it had the most potential.” 

Phil Leigh, an analyst with Raymond James & Associates, said Napster’s rejection of the buyout came after Napster’s original investors sought immunity from damages in the record labels’ copyright infringement suit as part of the deal. 

Those were terms Bertelsmann would not go along with, Leigh said. 

“It looks like Napster is as dead as General Custer,” he added.

Wednesday, May 15

County Grant for the Arts Workshop 

The Art Commission will host four free workshops to assist organizations seeking grant funding. First-ever applicant must attend a workshop to be eligible to apply for and Artsfund grant. Reservations are required 

Hayward Arts Council's Green Shutter Gallery 

For reservations: 208-9646, shuss@co.alameda.ca.us 

Join the Campaign against Media Disinformation 

Report on community progress (or not) in meetings with Oakland Tribune editor. Entertainment- The Xplicit Players skit: Mass- Media vs. Personal Immedia. 

7:30 p.m. 

Unitarian Universalists, upstairs 

SW corner, Cedar & Bonita Streets 

Free 

Thursday, May 16

BOSS- Berkeley, Oakland Support Services, Building Opportunities for Self-sufficiency 30th Anniversary Gala & Award Ceremony,  

Launch of Ursula Sherman Village 

6 to 8 p.m. and beyond 

Radisson Hotel, Berkeley Marina 

649-1930 

Tickets $100 ($75 tax deductible) 

Friday, May 17

The Berkeley Women in Black 

A Vigil every Friday from Noon to 1 p.m. 

Corner of Bancroft and Telegraph in Berkeley 

Everyone Welcome 

841-4143 

County Grant for the Arts Workshop 

The Art Commission will host four free workshops to assist organizations seeking grant funding. First-ever applicant must attend a workshop to be eligible to apply for and Artsfund grant. Reservations are required 

James Irvine Foundation Conference Center on Frank Ogawa Plaza, Oakland 

For reservations: 208-9646, shuss@co.alameda.ca.us 

Saturday, May 18

The Edible Schoolyard Plant Sale 

10 a.m. to 2 p.m. 

Buy flowers, fruits and vegetables from the Edible Schoolyard kitchen and garden 

Martin Luther King, Jr. Middle School 

1781 Rose St. at Grant St. 

Berkeley 

Word Beat Reading Series 

Featuring readers Dancing Bear and C. J. Sage 

7-9 p.m. 

458 Perkins at Grand, Oakland 

For more information: 510-526-5985, www.angelfire.com/poetry/wordbeat 

Free 

Strawberry Tasting & World Harmony Chorus 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Writer as Publisher: Independent Publishing Seminar 

Learn how at this all day seminar. 

9 a.m. - 4:30 p.m. 

Asian Cultural Center 

Pacific Renaissance Plaza 

388 Ninth Street 

Oakland 

510-839-1248 or www.writeraspublisher.com 

Music Fair & Special Family Concert 

A delightful day of free performances, demonstrations, contests and entertainment! Oakland Youth Chorus, Purple bamboo Orchestra, Skyline High School Jazz Combo, Tim Cain, Instrument Petting Zoo & More.  

Family Concert 2 p.m.  

Calvin Simmons Theatre 

Music Fair Noon-5 p.m. 

Henry J Kaiser Convention Center Arena 

Oakland  

510-444-0801, www.oebs.org 

Concert $7 adults, $5 under 18, music fair- Free 

League of Woman Voters 

Call to annual meeting 

10:30 a.m. to 2 p.m. 

Northbrae Community Church 

941 The Alameda 

Please call to reserve a lunch ($11) and/or request a ride. 

843-8824 

3rd Annual Satsuki Arts Festival and Bazaar 

The Berkeley Buddhist Temple 

Featuring Bay Area and National Taiko drumming ensembles and Kenny Endo from Hawaii 

Monday, May 20 

Poetry Express - The Poet J.C. 

7-9 p.m. 

A community open mike welcoming all artists 

Berkeley Bakery & Cafe 

1561 Solano Avenue 

Free 

Build Your Dream-House for a Song 

(and own it free & clear in 5 years), author David Cook. 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Berkeley Gray Panthers 

Home owners meeting. Chuck Durrett of Co-Housing tells about his program. All welcome. 

3 p.m. 

Berkeley Gray Panthers office 

1403 Addison St. (behind Andronico's on University) 

548-9696 

Tuesday, May 21

The Art of Practice with Tom Heimberg 

Violinist with the SF Opera, Tom offers an overview that applies to all instruments. 

Musicians Union Local 6 

116 Ninth St. at Mission 

San Francisco 

415-575-0777 

$10 and free to local 6 members 

Strawberry Tasting 

Tasting & cooking demonstrations 

Berkeley Farmers' Market 

10 a.m. to 3 p.m. 

Derby Street at MLK, Jr. Way  

Free 

Arthritis Month Special 

Herbal alternatives & drug interactions for Fibromyalgia. Dr. Anita Marshall, Pharm.D., l.Ac 

12 to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

Wednesday, May 22

Healthful Building materials 

Seminar by Darrel DeBoer 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Thursday, May 23

Senior Men's Afternoon 

Gay senior men discussion group, 2nd & 4th Thursdays. 

Pacific Center 

2712 Telegraph Ave. 

510-548-8283  

Free 

Fishbowl: "Everything you always wanted to know about the opposite sex but were afraid to ask" An opportunity to ask anonymous questions in a confidential and supportive environment. 

7:30 to 9:30 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut St., Berkeley 

510-848-0237 X 127 

$8-$10 

Attic Conversions 

Seminar by architect Andus Brandt 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Saturday, May 25

6th Annual Sidewalk Chalk Art Festival 

Everyone's welcome to participate in covering Solono's sidewalks with chalk art. Featuring refreshments and entertainment. Artist's chalk and a Polaroid of the finished work are available for a fee. To encourage early registration, a raffle for merchandise by local business will be held for the artists at noon.  

Registration at Peralta Park, 9 a.m. - 5 p.m., 1561 Solano Ave. Berkeley. 

For more information: 510-527-5358, www.solanoave.org. 

Free 

Saturday & Sunday, May 25 & 26

19th Annual Himalayan Fair 

Outdoor celebration of the great Mountain Cultures! Authentic Himalayan Art, craft, Music & Dance, exotic food & stage entertainment. Benefits Himalayan Grassroots projects. 

Sat. 10-7, Sun. 10-5:30 

Live Oak Park 

Shattuck & Berryman 

$5-$7 Donation

NEW YORK — Better-than-expected April retail sales sent stocks sharply higher Tuesday, extending Wall Street’s winning streak to two sessions, as investors grew more confident about consumer spending. The Dow Jones industrials surged nearly 190 points, its third triple-digit finish in five trading days. 

Volume was also heavy, suggesting that investors were feeling more confident about stocks. But analysts were reluctant to predict the gains would last — noting recent rallies have faded. 

“We’re getting a nice follow-through from Monday, and it’s good to see tech stocks doing well,” said Ralph Acampora, director of technical research, Prudential Securities. “I’d love to say this is the beginning of something big, but that would be premature. This is a good short-term move.” 

The Dow finished up 188.48, or 1.9 percent, at 10,298.14, adding to a 169-point gain from Monday. It was also the highest close since April 16, a month ago, when average stood at 10,301.32. 

Buying in technology stocks helped lift the Nasdaq composite index 66.51, or 4.0 percent, to 1,719.05. The Standard & Poor’s 500 index was up 22.72, or 2.1 percent, at 1,097.28. Both indexes last closed higher on April 23. On Monday, the Nasdaq rallied 51, the S&P gained 19. 

The Commerce Department said retail sales rose 1.2 percent in April, the biggest increase in six months and a stronger showing than many analysts predicted. The data was the latest indication that consumer spending — which accounts for two-thirds of the economy — remains vigorous. 

Investors were also pleased by better-than-expected quarterly results from two big retailers. Wal-Mart rose $2.35 to $57.39 on first-quarter earnings that rose 19.4 percent from a year ago. Higher-than-expected first-quarter earnings also boosted J.C. Penney up $1.69 to $24.89. 

Home improvement retailer Home Depot rose $2.36 to $47.98. 

Technology stocks also fared well. Intel surged $1.63 to $30.15 after an analyst at Robertson Stephens upgraded the chipmaker. 

But WorldCom fell 20 cents to $1.24 on word it was being removed from the S&P 500. 

Pharmaceutical and tobacco stocks, two areas viewed as less risky but less lucrative investments, also struggled as investors shifted money into technology and other sectors. Johnson & Johnson slipped 80 cents to $61.04, while Philip Morris dropped 83 cents to $54.91. 

Although the indexes have managed three significant rallies in the past week, skepticism remains. Much of the recent buying has been bargain hunting in response to weeks of selling, including the drop that followed a 305-point gain in the Dow and 122-point advance in the Nasdaq last Wednesday. 

That particular rally was sparked by better-than-anticipated profits from Cisco Systems, and investor sentiment remains closely tied to individual company news. 

Applied Materials shares rose sharply on Monday and Tuesday in anticipation of strong earnings, and Wall Street wasn’t disappointed. After the closing bell Tuesday, the semiconductor equipment maker reported second-quarter results ahead of expectations and expressed cautious optimism about the future. Applied Materials advanced $1.07 to $27.71 in extended trading, adding to a regular-session gain of $1.06. 

A recovery in the semiconductor sector is seen a necessary precursor for a broader turnaround, so Applied Material’s results were a possible catalyst for further gains. Although analysts cautioned against getting too excited, they said Tuesday’s performance did suggest that conditions were improving. 

“We’re starting to see broader evidence of strength. Last week it was Cisco, Monday we got encouraging news from the chip sector and today it was retail sales,” said Todd Clark, head of listed equity trading at Wells Fargo Securities. “If this hold, I think it’s important and suggests that we could add to these gains.” 

Advancing issues led decliners more than 2 to 1 on the New York Stock Exchange. Consolidated volume came to 1.71 billion shares, compared with 1.33 billion shares Monday. 

The Russell 2000 index rose 12.00, or 2.4 percent, to 511.72. 

Overseas, Japan’s Nikkei stock average advanced 0.2 percent. In Europe, Germany’s DAX index gained 1.3 percent, Britain’s FTSE rose 0.7 percent, and France’s CAC-40 increased 1.6 percent.

LOS ANGELES — An attorney who has taken the American Dental Association to court in several states over the amount of mercury used in fillings was the target of a defamation lawsuit filed Tuesday by the organization. 

Shawn Khorrami is involved in lawsuits in California, Ohio, Maryland and Georgia against the ADA, its state affiliates and others for allegedly endorsing amalgam filling material with a high content of mercury compounds. 

The Chicago-based ADA, with 141,000 members, is accusing him of conducting an “orchestrated campaign of lies and distortion to promote himself and his law firm.” 

The organization wants Khorrami to stop the action as well as pay punitive and compensatory damages. 

Khorrami called the complaint, filed in U.S. District Court in Los Angeles, “a desperate attempt on the part of the ADA to further conceal the truth from the public.” 

“We stand firmly by the allegations made in our lawsuits: The ADA has withheld information about the dangers of mercury dental fillings from the American public. Our cases brought this issue to light and now the ADA is responding with this baseless complaint. This is similar to the smear tactics used by the tobacco industry when they were challenged,” Khorrami said in a statement. 

Dental activists say what are commonly called silver fillings actually contain about 25 percent silver by weight and about 50 percent mercury. Mercury exposure can cause cancer, birth defects and nerve damage. But scientific studies on the effects of mercury in amalgam — the term referring to alloys of mercury — have been largely inconclusive. 

Amalgam fillings cost about half as much as other fillings, including plastic and porcelain, and last longer. 

The most recent lawsuit handled by Khorrami, filed in Georgia last month, seeks damages that could exceed $100 million. It claims mercury from dental fillings, vaccine preservatives and power plants with emissions that contain mercury caused or worsened the conditions of nine autistic children. 

SACRAMENTO — Gov. Gray Davis’s budget contains some hot-button proposals that require legislative approval, and his administration has launched an all-out public relations effort to try to sell them. 

Legislative budget panels are to begin poring through the Davis plan this week. 

Monday, Davis aides and a cadre of high-powered education lobbyists pressed lawmakers to approve quickly a complicated plan to shift $1.7 billion in K-12 costs from this year to next, warning that the alternative would be crippling cuts or tax increases. 

“California schools cannot afford a prolonged budget stalemate this year,” said Barbara Kerr, vice president of the California Teachers’ Association, the state’s largest teachers’ union. 

Davis proposed a $98.9 billion budget plan last week that would borrow and shift money, cut $7.6 billion in spending and raise taxes on vehicle licenses and cigarettes. The plan seeks to fill in an expected $23.6 billion budget shortfall. 

The proposal includes the shift in education money between the current budget year and the next one, which begins July 1, to fulfill the school spending requirements of Proposition 98. The maneuver requires approval by June 30 of two-thirds of the Legislature, which must include four Republican Assembly members and one GOP state senator if all Democrats vote for it. 

Davis’ budget plans assume the measure will pass, and, if it doesn’t, finance officials said they must scramble to find the $1.7 billion elsewhere. 

“This is a pretty big piece of the overall budget solution,” said Betty Yee, chief deputy director of the state finance department. 

Education advocates “are really concerned about are games of legislative chicken being played in an election year that could jeopardize the fiscal position of the state,” said Kevin Gordon, executive director of the California Association of Business Officials. 

Republicans have not publicly expressed strong opposition to the plan, except to question whether it drains money from schools in the coming year. 

The education issue is one of a handful of hurdles Davis must overcome before he can sign a budget in an election year when the economy has wrought havoc on the state treasury. 

The most contentious is $1.75 billion in increases to the state vehicle license fee — raising the average car’s tax by $84 — and boosting the cost of cigarettes by 50 cents a pack. Republican lawmakers have said they will not support a budget with tax increases. 

The budget also assumes that the state will issue $11 billion in bonds to repay the state treasury for energy purchases last year. 

The state spent more than $6.1 billion from its general fund last year to buy electricity for ratepayers. State power regulators approved plan earlier this year that allows state officials to sell roughly $11.1 billion of bonds. However, that proceeding has slowed as the state continues to negotiate with utilities to settle final components of the bond sale. 

Berkeley’s Star Grocery celebrated its 80th birthday yesterday, with balloons, friends, music and food for all. 

Founded in 1922 by brothers Jimmy and Nick Pappas, the market has kept residents of the Claremont neighborhood well fed and steeped in a unique sense of community. 

“I just tried to be a neighborhood store with a sense of immediate community, with service and fun,” said store owner Nick Pappas, 56, who grew up around the corner. 

Yesterday Pappas mingled in the crowed aisles and sidewalk, shaking hands and shooting the breeze amidst fine music performed by the Bella Music Quintet and Crowden School Chamber Ensemble. 

Pappas took over the store in January of 1974 from his father. All who knew both Pappas men say there is little difference between the appearance of the store and manor in which its run now. 

“Jimmy Pappas was a saint, the most beautiful man in the world,” said Jean Kistner, a store employee from 1948 to 1951. “And nothing has changed. Everything is in place. I used to stock the shelves and I could do it today.” 

While the size of Star pales in comparison to larger corporate supermarkets, the atmosphere is grand. 

It has a down-home feel in its fully stocked, highly diversified shelves. The market is replete with kind and knowledgeable employees, beaming fresh vegetables, and a wide array of food ranging from Ragu to organic salad dressing and Kasugai Roasted Hot Green Peas. 

Polly Armstrong, councilmember for District 8, said Star is where many neighborhood kids make their first solo voyages into the world. 

“For people who live close by, it’s one of the first independent trips they can take. They get a dollar and buy an onion or a quart of milk. It’s a wonderful center of the neighborhood,” she said. 

And according to locals, Star acts as a makeshift barometer for how well the neighborhood, and Berkeley is faring. 

Jimmy Pappas was known to keep families fed during the Great Depression, and Nick Pappas did his share during the Oakland Hills Fire. And while these events may put an immediate dent in store revenue, it is loyalty from Pappas and Star customers that keeps both sides smiling. 

Mary Spivey has been shopping at Star for 30 years. She remembers tight times as a single mother when Star helped her keep food on the table. 

“I just used to sign the tab and take food home,” said Spivey. “Nick is so casual about the whole thing,” she said, adding that Pappas has also been known to give loans to neighborhood kids waiting for their paychecks. 

Both Star and Pappas received a birthday present with the re-lighting of the store’s neon sign, which has sat in the dark since the mid-70’s. Funds for the sign’s restoration were lead by customers who wanted to do something kind for the market that keeps on giving. 

Julian Hodges lives across the street from Star, and helped lead the effort to raise more than $5,300. He now jokingly hopes the green neon lights won’t keep him up at night. 

By canvassing the streets and storefronts, Hodges and others were able to raise enough money to pay for the sign’s repairs and yesterday’s celebration.  

“There’s a fierce loyalty to the grocery. [Jimmy Pappas] grub-staked many families in the depression,” said Hodges. Even to this day, he added, Nick Pappas continues to carry the groceries to his kitchen table. 

Pappas is also known for employing neighborhood children who many local parents don’t want to see working at Safeway for their first job. There is always an interesting array of teenage characters, said Hodges, sometimes resembling a Fellini film. 

It seemed that all present yesterday were enjoying themselves, even employees on the clock. 

“I fell in love the first day I walked in,” said Butcher Tim Chauvin. He noted how Star’s customer interaction differs from many of the larger food stores in the area. At the larger stores, there is no one to speak to before making a purchase, he explained. 

“Here we have personal interaction. This is real Berkeley,” Chauvin said.

Last week, Verlon Bourd was shot and killed at 1001 Chester St. in Oakland, making him the sixth young black man to be murdered in Oakland this month and rounding out a recent spat or similar murders in the last month. 

The total so far this year is 39, substantially higher than in recent years. 

“This is not normal – it’s a lot,” said Officer George Phillips of the Oakland Police Department. 

Police say they are not surprised by the increase, considering the depressed economy. 

“If the economy is down and joblessness up, we see an increase in crime — there is a direct correlation,” Phillips said. 

In 1992, which set a record with 175 murders, Oakland’s unemployment rate was more than 10 percent. In the next few years both unemployment and murder rates dropped, reaching a low of 68 murders in the dot-com boom year of 1999. 

Now that the bubble has burst, murders are back on the rise. In the last year, unemployment in Alameda and Contra Costa counties has almost doubled, and murder rates are climbing to pre-boom levels. 

“It’s getting scarier – our streets are getting worse,” said Sherry, who works at the Prescott Family Resource Center, which is just a few blocks from the site of several of the recent murders. “The drug dealers come out at 6:00 in the evening, when we are leaving. We’re trying to help the community get better, we’re trying to get this to stop.” 

Most murders in Oakland this year were drug-related, police said. 

“The majority of our homicides are related to narcotics,” said Phillips. “The three most popular are heroin, crack cocaine, and marijuana.” 

Phillips noted that people with few job opportunities are more likely to turn to riskier ways of making ends meet. 

“In this city there is a large population of African American males who are unemployed and undereducated – they’re more inclined to sell narcotics,” he said. 

Berkeley’s murder rate is also higher than normal: less than half-way through the year, the city has already seen more murders than in an average year. 

“This year we’ve had four, and since 1996 we’ve averaged about three or four a year, so it’s kind of high,” said Detective Bill Badour of the Berkeley Police Department. 

Like in Oakland, most of the Berkeley murders were related to drugs. All of the victims were black, Badour said. 

“It’s getting scarier – our streets are getting worse,” said Sherry, who works at the Prescott Family Resource Center, which is just a few blocks from the site of several of the recent murders. “The drug dealers come out at 6:00 in the evening, when we are leaving. We’re trying to help the community get better, we’re trying to get this to stop.”

Subsidized housing plan at Acton and University avenues moves forward 

Despite the fiscal shortfall facing city government this year, City Council decided to swallow $157,433 on behalf of a local developer who has already received land valued at nearly $1 million in the University Avenue corridor. 

The vote to bypass the money won by a narrow 5-4 margin, with four council members voting against the waiver on the principle that they are contributing too much to the residential project.  

The latest victory for the developer consists of a combination of waived and deferred fees on the development project, which will consist of 71 residential units and some storefront businesses at the corner of Acton and University avenues. 

The gift of state surplus land at the corner of 2002 Acton and University avenues was awarded by City Council in 1999 to a partnership between Panoramic Interests, a private developer, and Jubilee Restoration, a local church-based non-profit. The partnership is charged with developing the land with the caveat they meet affordable housing requirements. 

With 20 units out of 71 slated for affordable housing, the project plans exceed the 25 percent requirement to qualify for subsidies and waivers, but some consider the latest round of benefits excessive since the developer was granted the land in the first place.  

“If the city didn’t give anything to the developer, they still would have been required to provide affordable housing,” said Councilmember Kriss Worthington. 

“And in this case, we managed to get an additional six units priced below market value. That is what we accomplished by giving away over $1 million. Is that a great deal for affordable housing? No. We have had other projects where that amount of money has resulted in a larger amount of affordable units,” he said. 

The council vote waived $78,000 in building permit fees, and deferred the rest of the amount until a year after project completion. Groundbreaking is scheduled for the first week of June, with a targeted completion of August, 2003, so the city should recoup the remainder from the for-profit developer late 2004.  

The developers did have to pay the state $40,000 for the land based on reimbursement fees -- a small amount by local real estate standards — but were asked to pay an additional $78,000 in building permits when the state learned of the commercial element.  

“The state added $78,000 because they didn’t want commercial development, just housing,” said a city Planning Department spokesperson. “So they calculated that amount as the purchase price for the commercial component of the building.” The addition of storefront use is backed by the city, which encourages mixed-use development, particularly along transit corridors such as University Avenue. 

The developer requested the waiver because the fee was unanticipated, and claimed that cost of construction has exceeded what they had originally planned for. 

To make up for the waiver, the city’s Permit Center will have to be compensated through the city’s Public Liability Fund. 

Contact reporter Jamie Luck at jamie@berkeleydailyplanet.com  

Deep cuts to health programs proposed by Gov. Gray Davis to help fill a $23.6 billion budget hole unfairly target those who need state help the most, California health care officials and advocates for the poor said Wednesday. 

If approved by the Legislature, the governor’s 2002-03 budget proposal would amount to $1.1 billion in cuts to the California Health and Human Services Agency. 

“Even before these cuts were announced, California’s health care system was beginning to unravel,” said Dr. Jack Lewin, chief executive officer of the California Medical Association. “This insult is particularly devastating to the hospitals, the emergency rooms and the physicians who are trying to keep it all going.” 

Davis proposed Tuesday a $98.9 billion budget that uses tax increases, borrowing and $7.6 billion in program cuts to fill the expected shortfall. Health programs would bear the largest brunt of the cuts. 

The plan would slice more than $750 million in state payments for Medicaid, known as Medi-Cal in California, and postpone a plan to expand to parents the state’s Healthy Families insurance program for poor children. Cutting Medi-Cal also will cost $350 million in lost matching funds from the federal government, health experts said. 

California Health and Human Services Secretary Grantland Johnson called the cuts “painful” but defended the plan, saying Davis spared programs that insure poor children, even funding expected enrollment increases for children in Healthy Families and Medi-Cal. 

“He took a surgical approach, frankly, and really kept the core fundamentals of those programs in place,” Johnson said. 

But health care experts and patients said doctors may refuse to take Medi-Cal patients because the average reimbursement rate for treating them will dip from $20 per office visit to $16, the same rate as 1985. Plus, they said, already crowded emergency rooms will be filled with patients who can’t find a primary care doctor or specialist who accepts Medi-Cal. 

“We are regressing,” said Dr. Dinesh Ghiya, a pediatrician in Whittier, who said he may have to stop seeing Medi-Cal patients. “Patients will be left without treatment and there is no commitment here for the poor.” 

In Los Angeles County, the proposed cuts will take $17 million from the health department that runs six hospitals and about 30 clinics, according to John Wallace, director of intergovernmental relations at the Los Angeles County Department of Health Services. 

“This means that our already serious fiscal situation is worse,” Wallace said. “More people in L.A. County will be uninsured. You’re not just looking at people waiting longer, some people won’t get seen.” 

One in four people in Los Angeles County, or 2.5 million, don’t have health care, Wallace said. 

“It’s going to make access to health care difficult,” said Beryl Kendrick, a nurse at Compton Clinic, which is going to close at the end of June because of budget deficits within the Los Angeles County’s Department of Health Services. “We’re a county clinic; we serve people who have no insurance of any sort. During time of immunization, this place is packed.” 

Juana Leon, 45, a patient at the Compton Clinic who said she has eight children, is one of those patients. 

“It would be difficult, I would have to work for the insurance and I can’t because of the problems of finding a baby sitter,” Leon said. 

Compton Clinic is one of five clinics that have been cut because the health department was already suffering a $365 million shortfall before the proposed state cuts. 

“It’s hard, all these private hospitals don’t want to take Medi-Cal as it is,” said Dolores White, a Compton resident. 

The Davis plan also would: 

— Eliminate dental, chiropractic, podiatry and acupuncture services for adult Medi-Cal recipients and cut the number of dental visits for children from twice to once per year. 

— Increases the income requirement for two-parent families with children enrolled in Medicaid. 

— Postpones a program that was to begin July 1 to allow school districts to automatically enroll students who are on free and reduced lunch programs into Medi-cal. 

— Reinstates a requirement that Medi-Cal recipients fill out forms quarterly, instead of the current once a year, to remain eligible for the program. 

Associated Press writer Sandy Yang in Los Angeles contributed to this report.

GILROY, Calif. — A moderate earthquake shook the San Francisco Bay area, rattling the stands at hockey and baseball games, sending frightened customers running from businesses and briefly tying up phone lines. 

There were no reports of injuries or significant damage from the quake, which was centered 35 miles south of San Jose just outside Gilroy, the self-proclaimed “Garlic Capital of the World.” However, authorities Tuesday were investigating whether the quake may have ruptured a gas line, sparking a fire that destroyed a home in San Jose. 

The quake struck at 10 p.m. Monday with a magnitude 4.9, according to the U.S. Geological Service. The magnitude was revised from a preliminary magnitude 5.2. Of several aftershocks, the largest was a magnitude 3.2. 

A day later, two minor earthquakes struck Northern California. At about 2:30 p.m. Tuesday, a magnitude 3.5 quake hit 12 miles east of Cloverdale, about 160 miles north of the epicenter of Monday’s quake. Just over an hour later, a magnitude 3.3quake hit in the same area near Cloverdale. 

There were no reports of damage or injuries. David Schwartz, a geologist for the USGS, said the area experiences frequent earthquakes of that size, and said Tuesday’s quakes were not related to the Gilroy quake. 

Monday’s quake felt like a sharp jolt to Danny Sharma, a manager at Rodeway Inn in Gilroy. He said the motel shook violently and knocked coffee pots and glasses off room counters. 

“It was the worst one I’ve ever felt,” Sharma said. “The whole building was shaking and there was just this rumbling sound. It was a bad quake.” 

A water pipe supplying fire sprinklers broke over the menswear section at the Gilroy Wal-Mart, which was an hour from closing when the quake hit. Customers quickly left the store and more than a dozen ceiling tiles were knocked out. No one was hurt. 

About a quarter inch of water covered about half the store and dozens of workers worked into the night to mop up the water and salvage merchandise. 

Particularly hard hit were the mouthwash and laundry detergent aisles, where broken containers created a mess. 

Kevin Hackworth, the store’s loss prevention supervisor, said it was still too early to tell how much the store had lost and how much repairs would cost. 

Other parts of Gilroy, best known for an annual garlic festival that attracts 125,000 visitors, seemed mostly undisturbed. At a Lenox china outlet store, most items were still intact Monday, though several broken plates littered the floor and a few porcelain figurines in a window display had fallen. 

At a 7-Eleven, a light fixture became dismounted and a few bottles of cola bounced on the floor. 

Joseph Alderete, who works at a general store next to a Shell Station close to the epicenter, said only a few things fell off the shelves, and a rack of postcards fell. 

“This was the largest one I felt in a while,” Alderete said. 

While customers in nearby businesses ran outside for protection, no one appeared to be injured, witnesses said. Police in Gilroy said the quake didn’t appear to cause any fires and they had no preliminary word of damage. 

Phone service was back to normal across the Bay Area about half an hour after the quake. 

“We experienced network congestion and delayed dial tone in some areas from 10 p.m. to 10:25 p.m.,” said Pacific Bell spokesman John Britton. “We don’t have any infrastructure damage.” 

As a precaution, the Bay Area Rapid Transit system slowed trains and checked the tracks for damage. 

The USGS said weak to light trembling was measured for almost 200 miles north to south, from Carmel on the Pacific Coast up to Guerneville, a small town along the Russian River 148 miles north of the quake’s epicenter. The quake also was felt to the east, with weak shaking measured in Modesto and Turlock, and a slightly stronger shock measured about 80 miles east in Merced. 

The quake was centered about 4.7 miles below the Earth’s surface, and it could cause as many as 20 aftershocks in the next week. There is about a 10 percent chance one of those aftershocks will be a magnitude of 5 or higher, the USGS said. 

A low rumbling was felt in San Francisco, where it seemed to last for several seconds and get stronger as it went along.  

In Watsonville, about 9 miles from the epicenter, a couple of pitchers of beer slid off a table at Mountain Mike’s Pizza. 

“It was a pretty good swing,” said a phone operator at the Hyatt Regency in San Francisco who was flooded with calls from guests worried about the shaking. “One guy on the 15th floor said his room just started swaying.” 

Play between the San Jose Sharks and the Colorado Avalanche didn’t stop at the Compaq Center in San Jose, where the stands shook as the game with nine minutes to go in the third period. The lights on an upper level catwalk kept shaking after the stadium settled down. 

“I looked around, I said something wrong is going on here. Everything was shaking,” said Michel Goulet, vice president of player personnel for the Avalanche.