A gaggle of Canada geese has occupied the north end of Aquatic Park in a growing protest against the West Berkeley Project and its flawed EIR, which claims that bird habitats are concentrated at the south end of the park.

The human inhabitants of West Berkeley are also concerned and have turned out in the hundreds for City Council public hearings that began May 1 and continued for three weeks, the large majority of speakers opposed to zoning changes west of San Pablo Avenue including Aquatic Park. Many complained about a top-down process that ignored their concerns. The next public hearing is scheduled for June 12.

The definition of habitat, according to Mike Lynes, conservation director of Golden Gate Audubon, is “anywhere the birds are,” and the threat of increased distress brought by large development on the north end of the lagoon has ruffled the feathers of the diving ducks and more than 70 other avian species found at the park.

The Canada geese (Branta Canadensis), usually visit in winter but are staying on this year, which worries the leadership of Ducks United because the geese, who poop worse than seagulls, are considered the black bloc of the occupy Aquatic Park movement, giving birds a bad rep.

Glaring Errors and Omissions

As a result of Audubon’s EIR comments, bird-safe building standards have appeared in the mitigations monitoring program of the revised master use permits ordinance that will get a public hearing on June 12. -more-

San Francisco is mulling over a recent report by the City Hall Fellows stating that San Francisco’s sit/lie ordinance serves primarily as a means to harass the city’s aging homeless population.[i] But that hasn’t diminished Berkeley Mayor Tom Bates’ enthusiasm for an anti-sitting law.

June 12th’s Berkeley City Council agenda is currently slated to include ballot language for an anti-sitting law which Bates is banking that Berkeley’s panhandler-weary public will pass to “improve the attractiveness and welcoming nature”[ii] of commercial districts. -more-

At first, the scene Thursday looked like a demonstration, and one of the "demonstrators" said it was, but it turned out to be a "Block by Block" cleanup. -more-

These are hard-luck times for Berkeley Police Chief Michael K. Meehan completing his second year as Berkeley's top cop, and trying to keep his head "above water," or as he has described it, trying to stay ahead of the "media curve." -more-

Amateur astronomers across the Bay Area will keep their eyes on the skies Tuesday to see a rare astronomical event -- the passing of the planet Venus in front of the sun.

During the so-called "transit of Venus," which is similar to a solar eclipse by the moon, the planet passes directly between the sun and Earth and becomes visible as a small dot drifting across the sun.

Several sites around the Bay are inviting the public to see the transit for what will likely be the last time in their lives. The rare event occurs in pairs, most recently in 2004, and will not be seen again from Earth until December 2117.

The Chabot Space and Science Center in Oakland and Lawrence Hall of Science in Berkeley are hosting events to mark the transit of Venus. -more-

The New York Times, possibly the best edited rag in the world averages nearly 3,000 errors a year, based on multiplying the average number of daily errors they admit by days in the year, although this will probably call for a correction, or as my editor at the Berkeley Daily Planet calls corrections, "quibbles." -more-

When the Center for Independent Living (CIL) moved into the Ed Roberts Campus several years ago the building at 2539 Telegraph Avenue was temporarily abandoned. But since the beginning of this year it has been coming back to life. The front along the street has offices of various non profit organizations and the vast space in the rest of the building is reconstituted as THE SHOP at CIL. It contains facilities for wheelchair and scooter repair and a program for recycling every kind of assistive technology. It promises to provide convenient, accessible services and equipment for people with disabilities. They celebrated its official grand opening this month with Mayor Bates cutting the blue ribbon. -more-

All the world’s a stage said Shakespeare, and that would include Ashland, Oregon, home of America’s most famous Shakespeare festival as well as Portland’s Hillsdale district, which is only famous in a shakespearian sense, although it does have its own Sunset Boulevard, site of a stand-off between old-timers and newbies. -more-

I write urging you to speak against the Civil Sidewalks Ballot Measure

I enclose current reports and articles on the potential costs and consequences facing the Sit/Lie Ordinance which our Berkeley effort is modeling itself after.

2010 ‘sit-lie’ law could cost city thousands to jail repeat offenders

San Francisco's Sit/Lie Law Radically Ineffective, Report

As a Downtown property and business owner (East Bay Media Center 1939 Addison Street) I find the Sit/Lie effort to be both an economic and social travesty only awaiting the pull of an administrative trigger. -more-

“I get very few complaints,” Chanin said. “The officers I’ve met do a good job.” - Berkeley Patch story by Rebecca Rosen Lum cited in the Berkeley Daily Planet.

Those who cite fewer complaints as proof that the Berkeley police are less brutal or corrupt manage to forget the impact state constraints have had on what was once a public and robust complaint system. People who use the current system not only end up without any justice, they become police targets with little recourse when the officers about whom they complained retaliate. -more-

Introduction

At the May 29, 2012 the Berkeley City Council voted to name Ms. Christine Daniel to the permanent position of Berkeley City Manager. In the eyes of many this action was premature and in many ways irresponsible. The position of City Manager is the most powerful one within the City hierarchy. Consequently when this position becomes "open", which is rare, great care should be taken in the selection process. In this case, no care at all was taken and there was no selection process. The following letter addressed to council prior to their vote makes abundantly clear why the nomination should have been postponed. -more-

At a cost of $52,000, the City of Berkeley commissioned two professional polls that probed for tax-susceptible weak points in the body politic. The results were starkly clear—only one of the potential tax measures explored had majority voter support and none garnered the required two-thirds majority. With the presentation of additional favorable background information, only one target area even had the vaguest potential to reach the two-thirds voter threshold—a measure directed to streets and watershed infrastructure improvements.

For details see http://www.ci.berkeley.ca.us/uploadedFiles/Clerk/Level_3_-_City_Council/2012/05May/Item%2042.pdf

Despite these results, the Council once again succumbed to the relentless pools lobby and is now working on: a $30M bond for streets/watershed; a $20M bond to build a warm water pool and make pool improvements at Willard and King; and a $1M parcel tax to pay for ongoing annual pool maintenance. The pools measures, even with enhanced favorable information and no opposing arguments presented (as will happen in an election), according to the pollster experts still fell short of the two-thirds requirement by about 7%. -more-

On Tuesday night's Berkeley City Council agenda, item #38 had a clearly identified title for an initiative being voted on in November.

For the Council's convenience in identifying, issue #38 was titled the "Sunshine" initiative. I find it more than curious that they did not extend the same information, as a courtesy, to the voter in the November ballot title. The language to be included on the ballot has a title that does not refer to "Sunshine" or "Open Government". As we gathered signatures of well over three thousand Berkeley voters, we always had posters and leaflets that said "Sunshine/Open Government". They read them and knew exactly what they were approving when they attached their signatures to the petitions. -more-

Harry Brill is just flat-out wrong. Proposition 29 is not regressive – it only affects smokers, and research shows there is no better way to stop kids from taking up smoking and help adults quit. -more-

Editor's Note: The latest issue of the Pepper Spray Times is now available.

You can view it absolutely free of charge by clicking here . You can print it out to give to your friends.

Grace Underpressure has been producing it for many years now, even before the Berkeley Daily Planet started distributing it, most of the time without being paid, and now we'd like you to show your appreciation by using the button below to send her money. -more-

Those who are concerned about the ill effects of smoking should realize that there are far better ways of discouraging the habit than voting yes on Measure 29, which is a punitive, regressive cigarette tax on the poor. Obviously, middle class smokers won't be deterred by the extra cost. Schools as well as many good willed non-profit organizations could develop effective programs to educate and work with smokers to break this dangerous habit. A positive community approach is always far better than attempting to solve a problem with a punitive, regressive tax. Also, laws should be passed that appreciably limit the kind of advertising that the cigarette companies spend millions of dollars on. Their advertisements are dishonest and misleading. -more-

An East Coast friend who often visits the Bay Area writes in response to this week's coverage of the mayor's latest anti-sitting campaign:

"Becky, as I get older I become more aware of the need for places to sit down on public streets without arousing suspicions I'm homeless. Not only should we be allowed to sit down -- we should have more benches to sit on. Maybe you can work that idea into an editorial. I guess the idea here is that sitting down on public streets should be perfectly respectable. (Or does the ordinance just prohibit extending your hands as you sit down?)

I expect Berkeley's population is aging.....And how can you have a pedestrian friendly city if people can't sit down if they need to?"

On Monday, the nation observed Memorial Day, an annual federal holiday observed in the United States on the last Monday of May. Memorial Day is a day to remember the men and women who died while serving in the U.S. Armed Forces. I am a Vietnam veteran who luckily survived my tour with both mind and body intact. But on this day of remembrance for the dead, shouldn’t we also remember the veterans living among us in poverty, homelessness, and suffering from post traumatic stress disorder (PTSD), a condition that has led to an upswing in suicide rates? -more-

In 1988, I was in a difficult position. I was twenty-four years old. I was facing impending eviction by my parents. My parents had suggested that I needed to either get a job or get SSI. Meanwhile, the house I lived in was being sold, per the terms of my parents' prior divorce. In my despair, I decided to try a pizza delivery job, not knowing if I would be able to handle such a job, but acting from limited options. -more-

Is religion a significant part of senior citizens’ lives. And of senior power? Are most old people religious? Depends on what you mean by “religion” and “religious.” -more-

“Biographies of writers, whether written by themselves or by others, are always superfluous and usually in bad taste.” -more-

Never let it be said that Berkeley and the Bay Area lack attractive venues offering outstanding cultural events -- galleries, museum, art institutes, etc. Starting June 1st, library patrons now have access to free passes to more than 30 area cultural venues. For Berkeley Public Library cardholders, free passes to museums are just a few clicks away. Starting from the Library's website (http:/www.berkeleypubliclibrary.org), patrons can access the DISCOVER AND GO link using their Library card number. From there, it's easy to locate available passes, searching by location or by date. Then reserve, print and go! -more-