Thursday, September 30, 2010

Cal Fires Jack Clark, Nukes Rugby And Cal Athletics

Jack Clark of Cal Rugby
On Tuesday, as this blogger was traveling away from the San Francisco Bay Area and Cal Berkeley, UC Berkeley was in the process of nuking it's prized Rugby Program, and destroying Cal Athletics as we know it.

Rugby Coach Jack Clark was fired - his position ends June 2011 -  and the program dumped to varsity sports status.

The reason given was Title IX requirements to financially equalize male and female sports, but given that Coach Clark had a plan to fund and to elevate Women's Rugby to intercollegiate status that was jettisoned by the Cal Administration, using Title IX as an excuse is pure horseshit.

The overall issue has been Cal's need to cut the overall budget of the athletic department, but the one revenue-generating program, Men's Rugby, and its coach who has a plan to elevated women's rugby, was a major target.

For someone not familiar with this issue at all, Cal Men's Rugby has achieved legendary status in the sports World. The Cal Bears are the 2010 National Champions and have won 25 National Championships and nine since 2000 - and it's 2010 as of this writing.   But because of political infighting, the one money-making program in all of Cal Athletics is being reduced to a mere shadow of itself.

As is common with Cal, the way this came about is always the stuff of harsh political infighting. From experience on the Cal Alumni Board and viewing Cal's Administration up close during the Long Range Planning Meetings , this blogger can say turf battles are a contact sport at Cal.

 For internal reasons not yet entirely known, Jack Clark, who's used to winning, lost a battle.   But in the end, Berkeley lost the one person synonymous with sports success at Berkeley: Jack Clark.

As KalosTV says on YouTube, it's time to celebrate Cal Rugby:



Did Cal Back Sandy Barbour Into A Corner?

The gut level feeling is Cal Athletic Director Sandy Barbour was backed into a corner by the overall Cal Administration. It feels like Sandy was forced to make a choice between her position or that of Jack's and the Cal Bears Rugby team.

Knowing Cal as I do, that gut level feeling that Sandy was placed between a political rock and a hardplace is powerful.

Stay tuned.

Wednesday, September 29, 2010

Oakland Mayor's Race: The Candell Endorsement Problem

Dr. Candell - I didn't endorse him
Note: no endorsement for any mayoral candidate from this space, yet.

When this blogger attended the second Oakland Mayor's Race Forum at The Lakeshore Baptist Church, a sheet of paper was being passed around the audience. It was a petition to have the name of Dr. Terrance Candell on the ballot for the election for Mayor of Oakland. I asked what I was signing before I put my name to the paper; such a signature is not an endorsement of any candidate.

For some reason, my name is listed in the voter guide as endorsing Dr. Candell for Mayor. It's not true.

The news of this problem came from Oakland businessman and once-challenger of Councilmember Ignacio De La Fuente (District Five - Fruitvale, Central East Oakland) Mario Juarez, who via Facebook asked if I'd lost my mind.

Of sound mind, certainly.

A call to the City of Oakland City Clerk Office did confirm Mr. Juarez's report. The person on the phone then said they would check the records for the actual paperwork and call back in 15 minutes, but never did. That was shocking.  I'm still waiting for a phone call.

Talked To Dr. Candell

Eventually, Dr. Candell was successfully reached via phone and to his credit, he apologized for any appearance of impropriety. He said his staff had nothing to do with it.  However, he pointed a finger at The City of Oakland.

I consider Dr. Candell and all of the candidates friends and remain pledged to providing fair and honest coverage of the race.  But I have not endorsed Dr. Candell for Mayor of Oakland.

Don Macleay 
But how and why my name is on the official endorser list is beyond me, and is a very scary development. The only blue card I've filled out, which is the document one uses to officially endorse a candidate and give permission for one's name to be used in campaign literature, is for Libby Schaaf, who's running for the Oakland City Council District 4 (Oakland Hills - Montclair) Seat.

That's it.

Planned To Help Don Macleay As Well

What's so weird is that Don Macleay personally asked if I would also help him get on the ballot and while I said I would, never made it over to his event to do so.   Too bad.  I wonder what the person who copied my signature or got the idea I endorsed would have done then?

Whatever the issue, the occurrence of this is disturbing.

Part of me believes that it may have been a conspiracy to do anything to take votes away from Don Perata. The other part of me is weirded-out that I'm such a public figure someone feels they have to do this.   In the future, no one gets an assist from this blogger in this way or in any way that doesn't involve the use of video.

Regardless, here's the word: I've not endorsed Dr. Candell for Mayor of Oakland.

Oakland Campaign Finance Laws Violated

From Pamela Drake-
Oaklanders who want fair elections and who believe that candidates for election to Oakland offices should not violate the laws that they have promised to uphold, should show up at the City Council Rules Committee tomorrow, Oct 1st, at 10:45 AM.

We're asking the Council to close the loophole that lets Don Perata's buddies violate the law on behalf of him and then announce that all bets are off on violating the spirit and intent of our campaign reforms.In what world does this sound remotely ethical; but it may just barely be legal unless we close that loophole now!
Please read:

Open Letter to the Mayor, Oakland City Council, City Attorney, and the Public Ethics Commission:

The Oakland Campaign Reform Act of 2008 was devised to promote good government and to protect Oakland’s electorate from the undue influence of money in the choice of our elected leaders.

Former Senator Don Perata has shown by his actions that he will not abide by those laws, even while he is running for the office of Mayor of Oakland, the position sacredly charged with guarding both the letter and the spirit of those laws.

Months before his TV ads were aired he had almost topped out on the spending limits he had agreed to stand by. Now his friends and employers (organizations that he consults for on an ongoing basis) have overshot the “independent expenditures” limits that were also established by the voters, thereby providing Mr. Perata with the excuse to spend even more money.

Out of the 9 other candidates for mayor, eight of them have pledged to continue following the law as Oaklanders intended it. Only Don Perata has thumbed his nose at his promise and at Oakland voters.

That’s why the Wellstone Democratic Renewal Club joins with other Democratic Clubs and good government organizations to demand that: 1) the City Council, along with the City Attorney’s office, immediately enact legislation that corrects the loophole which is now being used to break the spending limits agreed to by all candidates, and 2) demand that the Public Ethics Commission move quickly to enforce all applicable laws.

The Wellstone Club has watched with horror while services in our federal, state, and local governments have decreased while ever more obscene amounts of money are poured into federal, state, and even local campaigns.

The effect of those dollars is the opposite of democracy. As more and more voters perceive that elections are just auctions to the highest bidder, fewer and fewer people choose to vote.

Oaklanders made a statement with this legislation that they did not want their city put on the auction block, and they do not deserve to have their desires ignored and their choices thwarted even by Don Perata.

Sincerely,
Pamela Drake, Local Politics Chair, Wellstone Democratic Renewal Club

Sunday, September 26, 2010

Jean Quan Youth Street Team "Block by Block"



Jean Quan and her supporters put together a video about her work with youth, neighbors, and merchants on how to take Oakland back and lower crime and violence block by block.
About Pamela Drake-
I'm one of Jean's supporters. We urge you to call her campaign office at 444-Quan or go to jeanquanforoakland.org. Jean will be the hardest working mayor Oakland has ever had!

Eminant Domain project in West Oakland

Anyone that opposes the West Oakland Eminent Domain Project is invited to sign the online petition.

City Council meeting for public comment is October 5th, 6:30 PM City Hall

Friday, September 24, 2010

Oakland Mayor's Race: LWV Forum Draws Oakland's Older Folks


Oakland Mayor's Race Forum first take. (Which means, there's going to be more of these posts on last night, because a lot was happening.)

This just in: The Oakland Tribune's out of touch with Oakland. A number of attendees of the 450 estimated said they learned of the Oakland League Of Women Voters via "the newspaper." All of the people who made that statement were over 50 years old.

Still, the forum, which attracted every candidate except Dr. Terrance Candell, was a success. The auditorium at 300 Lakeside Drive seats 380 people, so if you do the math, it was about 70 over capacity. The crowd was a happy mix of supporters of candidates and long-time observers of the Oakland political scene. The one complaint they had was there wasn't enough time to hear what the candidates were about.

That wasn't because there were too many candidates, but due to the format. Either Oakland Tribune Editor Martin Reynolds or the League of Women Voters, or both, decided to throw every question known to Oakland-kind, from the good (Will you spend public money on an A's stadium?) to the bad (Will you commit to a smaller forum with candidates who have a "real chance"? Or words to that effect).

Too many questions and not a conversational format.

Still, errors aside, the forum proves there's a keen interest in the race for the next Mayor of Oakland.

Three Events Come To One Event

As reported there were at first three events, but the one for the Calvin Simmons Theater was scrubbed when the Oakland League Of Women Voters and The Oakland Chamber of Commerce saw the light and opened the forum to all of the candidates. Then there was Dr. Candell.

My original intent was to visit his one-candidate show, but the action at the Kaiser was too good to leave. Moreover, Terrance didn't tell this blogger about his event via phone or email. As an aside, my job as I've crafted it, is to cover the campaign and not support a candidate. I make an exception only in the case of Libby Schaaf, who I view more as family than candidate. Other than that, this blogger calls it plain and true. No B.S.

Dr. Candell is a compelling candidate and individual, but as I've explained to him he has to sell his message to all of Oakland, not just those who he's comfortable with.

Who Won The LWV Forum?

Who Won The LWV Forum? Working backward and focusing on impressions, Marcie Hodge was a disappointment because she was far less confident and self-assured than at the Oakland Jobs Forum. Hodge paused, stuttered, and in general seemed nervous.  This blogger was surprised.

Arnie Fields has to work more on specifics that concern Oakland policy.  Well-spoken and confident, Fields is, but comfortable with the technics of policy discussion he does not appear to be.  "I'm going to have a bake sale" to raise money for Oakland doesn't work with the electorate.  When Fields started his sentence with that, I expected a great follow-up but he stuck to the idea!  A bake sale? Dude, you've got to be kidding!

Oakland Councilmember Jean Quan had that "I have to be here with these people" look on her face again, and this blogger really wishes she would stop doing that.  Jean has to erase that "What are you bitches waiting for, elect me!" attitude she carries around from time to time. A frank aside.

Councilmember Jean Quan could have won the Oakland Mayor's Race if she were less imperious and more gracious. She's an Oakland female Asian politician who's timing is perfect, but execution is horrible. Quan's high-handed approach is alienating, and it's borne of an insecurity Jean does not need to possess - and I know this because I have the same problem, so I can see it in others.

When Councilmember Quan is open, she's a wonderful, loving person who one wants to get behind and help. But when she goes into "Queen Iron Lady" mode, it's off-putting and not in the best sprit of The Soul Of Oakland. My mother would say to Jean Quan what she said to me, and since I don't heed it all the time, I know what I'm talking about: read Dale Carnegie's How To Win Friends and Influence People.

Or, to put it another way, make people know you like them. Sometimes Jean doesn't seem as if she does. That's not true, or course, but it's an impression she gives off from time to time and many people have stated that. Jean's very intelligent, and doesn't suffer fools gladly.  But what I've learned is that the problem in a complex society is the smartest person one encounters may not look the part, so the one who thinks they're smarter than everyone else, is often proven wrong.  One has to open up to everyone and embrace them, especially in politics.

Again, Jean's other side, if it were presented 24 and 7, would seal the deal. With that, it may be too late for her to change so dramatically.  Jean could take lessons from Councilmember Rebecca Kaplan, who is that warm, loving person.

But Rebecca's image, and some will take this the wrong way but it must be said in a true evaluation - the gender-bending affect - at times places her on the fringe of some voters views, and that's why Jean moves ahead but only by just a beat.

Rebecca's crowd, much younger, wasn't there in force last night.  Much more used to such an image as Rebecca's, and therefore able to see beyond it, Oakland's younger crowd could push her into City Hall.  What's great about Kaplan is her boundless sprit.

Boundless sprit also describes Larry Lionel Young, who really has a bright future in politics. If he becomes more comfortable with the discussion of Oakland policy technics, he will do well. A keen expression of understanding of policy and politics, combined with the presentation of sound judgement can at times overcome lack of political experience. That's why Joe Tuman has done so well.

Working our way along, let's move to the top and state that it was a tie between Joe Tuman and Don Perata. Green Party candidate Don Macleay and Councilmember Kaplan tied for third. Greg Harland was fourth, then Quan, Young, Fields and Hodge.

Don Macleay says he's not a politician.  But he has to make a clear case for what he stands for other than being a nice guy.   Don needs a message.  A hook that resonates.  He did much better this time than at the Jobs Forum. Terrance Candell should have been there.  He could have sat next to Don Perata.

Senator Perata I'm certain would have liked more time. But one action which would have helped him would have been to stand up and talk. For some reason, Don on the stump presents better than Don sitting down. Of course it's all image, but as much as you may want to, you can't discount it. Don did nothing to hurt his chances to win.

Perata clearly wants to be Mayor of Oakland, and expresses that singular desire in speech and affect far more than all of the other candidates except Tuman and Kaplan. Joe Tuman's clearly taking votes away from Perata, however. They appeal to the same groups, but which candidate can get Oakland's younger voters is key.  If they don't do that, Kaplan could run away with the prize. A New Diversity Of A Sort

The placement of three of the four white guys running - Perata, Tuman, and Harland - in a row was interesting because let's face it: Oakland's not seen that since the 1960s. It's also a sign of how Oakland has changed.

In the past, Oakland had a lot of well-qualified black candidates running for office; not so today. The reason for the change goes back to something now-former Oakland Mayor Elihu Harris told me when I worked for him between 1995 and 1999.

The reason there have been so many blacks in politics is that discrimination closed out other opportunities in the private sector in the past and up to around 1990. Now, with so many blacks in high-level private sector positions and running companies like American Express, it translates into fewer candidates for the Oakland Mayor's Race.

Part of me thinks that's a bad thing; part a good thing. I have a complex set of reasons for that sentence. More on that later.

Thursday, September 23, 2010

Oakland Mayor's Race: THREE Forums, Same Time, One Night


Oakland Mayor Candidate Terrance Candell
The Oakland Mayor's Race gets crazier. In 90 minutes something is about to happen that's never went down in Oakland's history. At 6:30 PM, three Oakland Mayoral Forums will take place at the same time. One, the "first planned" one, is the infamous Oakland League Of Women Voters Forum that was going to have just two candidates, then opened it to all of them. The other, the "counter-forum" as this blogger calls it, is being produced by Terrance Candell.  The third is the "other candidates" forum at Calvin Simmons Theater at 10 Tenth St. The Oakland LWV Forum is being held at The Kaiser Center Auditorium at 300 Lakeside Drive; Terrance's one-man Q&A is being held at the Laney College Tower Forum. And the "other candidates" forum is at The Calvin Simmons Theater across from Laney College. All three start, as mentioned, at the same time. Dr. Candell's forum started in response to the idea that he was going to be excluded from the Oakland League Of Women Voters Forum. But last week, the LWV elected to open the debate to all of the candidates, partly because of intense pressure and also because had they not, only two candidates (at best) would have appeared. Overall, was it a smart move by Terrance? Maybe, but also he's not getting as much media out of it as he would if his name were Don Perata. Follow me at Twitter.com/zennie62

Meg Whitman Says Fresno Is Awful Like Detroit, Fears Oakland Too


(First on Zennie62.com) Meg Whitman, the California gubernatorial candidate and former eBay CEO, already loathed in this space for her passive-agressive Oakland campaign headquarters, is under fire now for a statement she made about Fresno, California, saying "It's awful..it looks like Detroit." The comment was ill-considered in several ways: First, she made it before the Editorial Board of The San Jose Mercury News. Second, she insulted a not one but two cities: Fresno and Detroit. Third, it's the second time she's dissed a California city in some way. The first time was in Oakland, when Whitman's staffers set up an office on Lakeshore that looks like a fortress and at one point had signs that reported 24-hour surveillance, but with the word misspelled! Here's the video: Jerry Brown Fails To Capitalize Meg Whitman's many shortcomings and history of issues have not been drilled into the collective conscious of Californians. The one person who can do this is her California gubernatorial challenger Jerry Brown. But Brown has failed to do this while being hammered by her ads attacking his character. When Brown finally came out with his own ads, they weren't about Meg Whitman, but about Jerry Brown. So because Jerry can't get away from the view that it's all about him, he's trapped by Meg Whitman's strategy. He is answering her ads, thus going on the defensive. Everything he's done has been defense, not offense. He waited to answer her ads, which is like playing "rope-a-dope," then when he did, didn't even try to throw a political punch. Yes, people want to know what you're going to do for California, but the explanation on TV is from a policy wonk. Not me. Whoever came up with that one didn't do Jerry any favors. Jerry, here's Meg Whitman, teetering. What are you going to do?

Wednesday, September 22, 2010

Obama Terror Attack Quote Shows Stupidity Of The Right-Wing

(Post originally at Zennie62.com)

Obama Terror Attack Quote: the definition of "absorb" - keep that in mind.

The Internet's ablaze with news, blog, and soon video and audio chatter about President Barack Obama's quote in Bob Woodward's new book Obama's Wars. The Right Wing of the blogsphere's especially excited over the so-called statement by the President that America "could absorb" a Terrorist attack.

The right, looking for whatever edge it can get politically, is prone to great leaps in misjudgement. Want an example? Look no further than Senator John McCain's selection of Alaska Governor Sarah Palin as his vice presidential running mate. Not to digress, the problem of Couch Potato Conservatives rests in their lack of desire to think. Thus, failing to ask one simple question: what's the definition of "absorb."

Here are all of the possible definitions:

1. To take (something) in through or as through pores or interstices.
2. To occupy the full attention, interest, or time of; engross. See Synonyms at monopolize.
3. To retain (radiation or sound, for example) wholly, without reflection or transmission.
4. To take in; assimilate: immigrants who were absorbed into the social mainstream.
5. To learn; acquire: "Matisse absorbed the lesson and added to it a new language of color" (Peter Plagen).
6. To receive (an impulse) without echo or recoil: a fabric that absorbs sound; a bumper that absorbs impact.
7. To assume or pay for (a cost or costs).
8. To endure; accommodate: couldn't absorb the additional hardships.
9. To use up; consume: The project has absorbed all of our department's resources.

Of all nine choices, the one that most fits President Obama's statement is Number 6: "To receive (an impulse) without echo or recoil." That's not what America was able to do in the case of 9-11 and means that such an attack could happen and ultimately no one would be killed, certainly not the 3,000 lives lost on September 11, 2001.

Memories are short, and some Right-Wing blogger contemporaries show a weakness of cognitive thought that is the result of a poorly funded national educational system coupled with an inability to avoid the impulse for anti-intellectualism.

In other words, some of them are just being stupid. Note that "being stupid" is a temporary state of mind, not a permanent one, which means the problem can be repaired. Read on.

Before 9-11 we didn't have the Transportation Services Administration, The Department Of Homeland Security, or WiFi, smart phones, or any number of systems that help prevent or absorb possible terrorist attacks. Now we have those systems in place and they work.

Obama Not Inviting An Attack, But Read The Book

All of this is taken out of context because you and I don't know the full context of the book's prose. Some at the New York Times do, but only share their observations with us, not Bob Woodwards's book itself. Thus, we're left to guess at the context, at least for those of us thoughtful enough to realize we don't know it.

The Right should cool its jets, unless it wants to see an unearthing of every scary, stupid, and idiotic comment made from members of its brethren since September 11th 2001.  By using patient, thoughtful consideration of words, The Right Wing can avoid such displays of lack of intellect in the future.

Monday, September 20, 2010

Are NFL Head Coaches Benching Black QBs Faster Than White QBs?

Are NFL Head Coaches Benching Black QBs Faster Than White QBs? It's a pattern that's starting to emerge, though not in a neat way.

On Sunday, Tennessee Titans QB Vince Young (black) is benched after a 3 interception one fumble performance against the Pittsburgh Steelers for Kerry Collins (white). Oakland Raiders QB Jason Campbell (black) is sent to the sidelines after lackluster first-half play against the St. Louis Rams, and replaced by Bruce Gradkowski (white).

The Philadelphia Eagles trade Donovan McNabb (black) to make room for Kevin Kolb (white), who doesn't play because of a concussion last week, and gives way by need to Michael Vick (black).

Vick, even though he's playing lights-out football, is forced to be humble and say "This is Kevin Kolb's team" because Andy Reid says so, even as Vick's proved in two straight games (and in preseason) that he's a better quarterback.

The point is that many NFL head coaches seem quick to pull their black quarterbacks if they don't play well and replace them with a white quarterback, and let that white quarterback play out of a bad game.

In the case of Oakland Raiders Head Coach Tom Cable, he surprised everyone by pulling Campbell at halftime, and saying to Bruce Gradkowski "Go and win this game for us." That public statement was frankly boneheaded, because Coach Cable sent the message to Campbell that he has no real confidence in him, just two games into the season on a new team and in a new system.

Cable should have not just given Campbell the chance to play into the game, but had his coaching staff coach him out of his slump. That's what they get paid to do, or at least should be able to do. The Raiders won by two points, and Campbell wasn't doing a bad job: he was 8 of 15 for 87 yards, and threw just one interception in the first half.

In the Rams game Sunday, Bruce Gradkowski was 11 of 22, 50 percent versus 53 percent for Campbell.  Bruce had one touchdown, yes, but one interception too. In other words, there was not much difference between Campbell and Gradkowski, yet the Raiders didn't give Campbell a chance to win the game and Coach Cable throws him under the bus.

Now, because the Raiders won by just two point, there will be an irrational, emotional look at the situation and some will say Bruce should start on the basis of one game.  The fact is, no one knows if Campbell could not have rallied the Raiders and himself to win, because they didn't give him a chance to do so.

Bench Favre for Jackson

Hey, The Minnesota Vikings are 0 and 2 and Brett Farve, who's white, has four interceptions in two games.  You don't see Vikings Head Coach Brad Childress pulling him for Tarvaris Jackson, who's black.  Yet, Jackson's more than ready to play and go out and win a game for the Vikings.

And in the case of Vince Young,  Titans Head Coach Jeff Fisher has pulled Young in that way before.  Coach Fisher has to prove he can coach Young out of his slumps - Fisher hasn't done this yet.  If he does, he would be a better coach and Young a better quarterback.

And just for good measure, Baltimore Ravens QB Joe Flacco threw four interceptions against the Cincinnati Bengals, yet was allowed to complete the football game. This fits the pattern in a way such that if Flacco were black, we could bet that he might have been benched for Marc Bulger. The point is, again, that Flacco, who's white, was allowed to finish the game even though he was terrible.

This is an awful pattern that's emerging.  Hopefully, it doesn't continue through the year.

Wednesday, September 15, 2010

3D Summit: Jeffrey Katzenberg, Sony Chris Cookson Speech, Lunch With Producers

The 3D Entertainment Summit is a great place to be in on the ground-level conversation about an industry in its infancy. The overall concern, paced by DreamWorks Animation CEO Jeffrey Katzenberg, is one of quality. No one of the movie players in this room at the Hilton Universal City wants to be known as the one who makes the next Clash Of The Titans.

Clash Of The Titans is the now infamous 2010 remake of the 1981 movie about a conflict between a god and a man-god, Originally created in a 2D format, Warner Bros execs rushed to do it in 3D after seeing the box-office revenue from Avatar.

Share photos on twitter with Twitpic
Scott Hedrick moderates panel
 on 2d to 3d monetization

The result was a 3D version that was so bad it spawned complaints from, of all people, Avatar producer and director James Cameron. It was Cameron who specifically called out the movie as an example of bad 3D.

That episode in the short history of 3D has driven the conversation here at the 3D Summit. The issue, even right now, is getting a good quality 2D to 3D conversion.

One bit of information for theater operators: execs like Katzenberg are calling for brighter lighting lamp levels than what is common for screen projection at theaters.

Oh, and this blogger's video of Katzenberg will be up by Thursday. On that note, Katzenberg responded to my question about the Comic Con 2010 response over the news that Cowboys and Aliens would be made as a 2D movie. Jeff said the he was at Comic Con, but didn't hear any displeasure with their 3D products or the use of 3D.

Really? Well, yes, Comic Con goers loved the movie trailers, but there was an occasion when they took time to express their preference for 2D over 3D.

Let's play that video again from Comic Con:



A Speech Too Long

The only glitch in the 3D Summit is that the producers feel the segments run too long. That's borne of the fact that the whole show started about 10 minutes behind schedule. Ignoring that, Chris Cookson, President of Sony Pictures Technologies Sony Pictures Entertainment, gave a long, really droning on and on speech, that he admitted he knew cut through our lunch. Did he have a lot to say? Well, yes.

He says that Sony's working with "the playstation people" on a kind of 3D application, though he did not give a specific release date.

More later!

Tuesday, September 14, 2010

City Of Oakland's Dan Lindheim and Walter Cohen Named In Lawsuit By Oakland Taxpayer

Oakland City Hall
Gwillym Martin's an Oakland Resident and taxpayer who first found this blogger on Facebook and sent via email a copy of a complaint filed against the City of Oakland. Now people file lawsuits all the time, and at times for silly reasons; not in this case. But any media person who seeks to pick up on this story should make sure they understand it first. Read on.

Martin filed a lawsuit in Alameda County Superior Court that specifically names City Administrator Dan Lindheim, CEDA (Community and Economic Development Agency) Director Walter Cohen, Building Services Director Ray Derania, and City Controller Osborne Solitei, and because "revenues generated from permit and code enforcement activities have been misappropriated for purposes other than those permitted by law and seeks an injunction to prevent further misuse of funds," as the email reads.

Looking beyond the email and at the documents, Gwillym Martin's simple and controverial point is that the City of Oakland's using revenue collected under California Heath and Safety Code Section 17951. Section 17951 is a long read; Martin's focus is what's called "subdivision (c)" which reads:

(c) The amount of the fees prescribed pursuant to subdivisions (a) and (b) shall not exceed the amount reasonably required to administer or process these permits, certificates, or other forms or documents, or to defray the costs of enforcement required by this part to be carried out by local enforcement agencies, and shall not be levied for general revenue purposes. The fees shall be imposed pursuant to Section 66016 of the Government Code.

Now, I took a cyber walk over to look at 66016 of the California Government Code, just in case, and came upon another long read - this one:



(a) Prior to levying a new fee or service charge, or prior to approving an increase in an existing fee or service charge, a local agency shall hold at least one open and public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting.


So, Martin's in the clear so far; that only says the City of Oakland has to let you, the Oakland Taxpayer, know about these new fees. Marin's lawsuit does not call for an investigation of the City's compliance with that code, just 17951.

What Gwillym Martin found was the City of Oakland was allegedly using money from permits, like zoning permits, and putting it into the Oakland General Fund and giving some of it to The Oakland Unified School District.

There's the rub: part of it was used to help education in Oakland. A good cause. But Martin does not dispute the need for education money, he just doesn't want the City to violate state law in getting money for education or for general fund use.

He claims this video by Echa Schnider of A Better Oakland, has Economic Development Director Walter Cohen admitting such misuse of funds. Trouble is, the video's 25 minutes long and was not made for the purpose of "outing" Walter Cohen; Martin wants you to start at 20:00 then go to 25:00:


Oakland Budget: CEDA from V Smoothe on Vimeo.

A Complete Case

His case includes detailed spreadsheets to back his claim. My only question is if there's anything in the Oakland City Charter that may block this lawsuit. Article 1, Section 106 of the Oakland City Charter reads as follows:



Article 1, Section 106. General Powers. The City shall have the right and power to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in this Charter; provided, that nothing herein shall be construed to prevent or restrict the City from exercising or consenting to, and the City is hereby authorized to exercise, any and all the rights, powers and privileges heretofore or hereafter granted or prescribed by the general laws of the State including those specifically applicable to general law cities; provided, also, that where the general laws of the State provide a procedure for the carrying out and the enforcement of any rights or powers belonging to the City, said procedure shall control and be followed unless a different procedure shall have been provided in the Charter or by ordinance.

It is the intention of the people in adopting this section to take advantage of the provisions of Section 6 of Article XI of the Constitution of the State of California giving cities Home Rule as to municipal affairs.


Note: "unless a different procedure shall have been provided in the Charter or by ordinance." The question is, does the City of Oakland have a provision in place that specifically allows money to be used from fees in a way that goes beyond the limits of Section 17951?

After looking at the Oakland City Charter, there's nothing that allows the City to, of Mr. Martin's findings are understood, do what it has been doing. In other words, the City's own Charter does not have language that allows the City to expressly go beyond Cal HS Code Section 17951.

What does Martin seek?  An injunction to stop the practice, and payment of lawyer's fees.  What the City has to do if it wants to maintain revenue flexibility, is alter the Charter to allow for it and take advantage of "home rule" status.  I know from having worked for the City of Oakland and in CEDA, that in the past such revenue transfers have been at least considered without consulting legal authority.

Stay tuned for more on this.

Monday, September 13, 2010

Pican's Oakland Female Bartender Competition October 5th 2010 By Grand Marnier, Zennie62

Oakland's bar scene has really improved over the last five years. Where there were one or two good bars downtown ten years ago, now there's arguably six of them. You know the environment's good when there's a bartender competition.

The problem is such events have been all-male or mostly male. Not anymore. On October 5th, 2010, Pican Restaurant will play host to the first Oakland Female Bartender Competition sponsored by Grand Manier and Zennie62.com.

A Great Idea.

How the idea started goes back to a video I created of another Oakland bartender competition held at Sidebar on Lake Merritt. This one:



Where at the end of the video, I said Oakland needs an all female bartender competition. Well, Josh Perry and the good folks at Pican Restaurant at 2295 Broadway at 23rd, in Oakland CA, figured it should be done and at Pican!

One thing: the first person to say they saw this at Zennie62.com, of which this blog is part of the network, gets a bottle of Grand Manier!

Here's the rules:

This competition is open to all female bartenders that are currently working in the San Francisco Bay Area and may not be employed by a liquor company or distributor as full
time employees.

2. Please submit your recipe on the official submission form and e-mail to candacecooper@southernwine.com no later than midnight PST on Tuesday, September
28th, 2010. If an entry is incomplete, it will be automatically disqualified.

Recipes

1. The recipe submitted must be a long drink, a drink on the rocks, or served up in a cocktail glass. Ingredients must be listed in ounces and the total amount of liquid should be no more than 10 ounces. The breakdown of ingredients should be divided in respectively whole numbers (1 oz, 2 oz, etc.) and/or half and quarter numbers (½, ¼, etc.), dashes and drops being the smallest quantities.

2. The maximum number of alcoholic and non-alcoholic ingredients in the recipe shall be limited to six (6) including dashes, drops and rimmed glassware. The recipe should contain at least two (2) but not more than four (4) alcoholic ingredients.

3. Garnishes must be edible and can be placed on the rim of the glass or in the drink.
4. Recipe shall not include hot beverages (coffee, tea, etc.). Ingredients
1. Each competitor must use Grand Marnier as the base spirit.
2. Each competitor must bring all ingredients except Grand Marnier, which will be provided.
3. Exotic, self-made ingredients or the blending of multiple ingredients to be counted as one (1) ingredient shall not be allowed.

Garnishes

1. Garnishes shall consist only of edible fruits or vegetables.
2. Artificial arrangements or food-dyes shall not be allowed.
3. Condiments such as salt, sugar, pepper, nutmeg, cinnamon, and others, shall be allowed and will be counted as ingredients in the recipe.
4. Any questionable garnish must obtain the approval of the competition committee.

Davey D : Oakland Hip Hop Journalist and Blogger now at Zennie62

Zennie62.com is proud to officially announce that the legendary Hip Hop Journalist and Oaklander, Davey D (Dave Cook), has joined Zennie62.com as a featured blogger. Davey D has his own area called "Hip Hop News with Davey D."

Frankly, for the number of people Davey D knows and has known in the Hip Hop community, from Mos Def to Oakland's Too Short, and Tupac Shakur, it's almost tragic that Davey D's work and voice has not been promoted and celebrated.

That's coming to an end.  Davey D is a living legend in Oakand.

Check out Davey D at Zennie62.com

Thursday, September 9, 2010

Reggie Bush Scandal: Tony Bruno Weighs In , Talks New Show

Tony Bruno, the legendary sports talk radio host, briefly talked with this blogger about The Reggie Bush Scandal and his new Comcast SportsNet California television show with Gary Radnich this Sunday, September 12th at 9 PM EDT.

First, for those of you who are saying "Isn't Tony in Los Angeles?" The answer is "Yes." But Bruno will, as he put it, "fly back and forth from LA" to do a show in San Francisco - one that he's talked with Radnich about doing for a long time.

"Gary and I have been doing radio for a long time," Bruno said, "and we enjoy doing it together. So we've kicked around the idea of doing something up here on television. And we're finally gonna give it a try."

As to Reggie Bush, who's Heisman hasn't been formally taken from him, even though a rumor surfaced to the level of truth two days ago, Bruno said "It didn't surprise me. The Heisman group was talking about it. I know Reggie had to expect something...But he's with the Saints now and moved on."

One lingering question not answered is if Bush would have to physically give back his 2005 Heisman Trophy. On that Bruno didn't have an answer, but our conversation about what fun Reggie and Kim Kardashian may have had with The Heisman when the two were dating made for a good laugh or three.

Bruno A Veteran

Tony Bruno is a sports talk radio veteran, and host of Into The Night With Tony Bruno, has worked for four networks: ESPN Radio, Fox Sports Radio, Sporting News Radio and The Content Factory. He's filled in (and very well, I may add) for Dan Patrick on The Dan Patrick Show.

But this blogger wonders if Bruno and Radnich are going to "make it rain?"



Stay tuned.

Wednesday, September 8, 2010

Truck Loses Breaks, Car Accident In Oakland, California



Oakland, CA - This evening at about 4:55 PDT, and as this blogger was walking to Grand Avenue, there was far more than the usual level of traffic on Mac Arthur Blvd off the I-580 Freeway toward Grand Avenue.

It wasn't exactly clear what happened until, as I walked closer, it was obvious a large truck with a reddish brown bed was at the center of what appeared to be a giant four-car pile up.

What happened, according to the California Highway Patrol Officer I talked to, was that the truck's breaks went out and it slammed into what appeared to be a silver Honda. Apparently, the Honda was stopped, waiting for the light to change at the intersection of Mac Arthur and Grand near Lake Merritt. When the truck hit the car, it caused a chain reaction vehicle accident, with four cars slammed into each other.

Thankfully, though there were several injuries, no one was killed. Moreover, the car in front of the rest of the group was pushed to the side on impact, and not into Grand Avenue. Had that happened, even more cars may have been hit.

Happy Rosh Hashanah : President Obama's Wish, Stephen Hawking's Error

President Obama is joined by this blogger in wishing you a Happy Rosh Hashanah. Here's Obama's video from yesterday:



Prof. Stephen Hawking

Come to think of it, since Stephen Hawking elected to introduce his book The Grand Design and declare that God did not create the Universe, it's fair to say that for him, Rosh Hashanah's not good, eh?

You'd think Hawking would show some respect for Jews by not releasing his book just a day before Rosh Hashanah, right? Talk about flunking his performance review. Geesh.

This blogger still can't understand why Stephen Hawking would write a book trying to debunk the existence of God, but not The Devil. Makes you wonder if his book itself's the Work of The Devil.

From this vantage point, Stephen Hawking looks just like the religious zealots he and his fans rightly criticize. Two sides of the same coin.

I prefer the edge. It rolls, if you know what I mean.

Happy Rosh Hashanah

Event: Jog For Jill San Francisco Run September 12th Golden Gate Park



Cal Women's Rowing Team member Jill Costello passed away from complications due to lung cancer on June 24th 2010 and at the age of 21. A San Francisco event and run called Jog For Jill has been established and will be held this Sunday, September 12th at 5 PM.

Two members of the Cal Women's Crew team were at the Cal vs. Davis football game wearing Jog For Jill shirts, and were kind enough to provide the video interview above.

Below are the other details from the event website, where you're encouraged to pre-register here CLICK FOR SITE:



Pre-Registration: Online/$25
Day of Registration: 4:00 p.m./$30
Shotgun Start: 5:00 p.m.
After run/walk celebration: 6:00 p.m.- 8:30 p.m.

Event Location:
Golden Gate Park
Music Concourse Bandshell
S Tea Garden Drive
San Francisco, California 94118

Participants are encouraged to pre-register. Only pre-registered participants will be guaranteed a walk/run T-shirt. T-shirts will be limited to the first 2500 day of registrants.


On Sunday, go out and Jog for Jill!

Tuesday, September 7, 2010

Oakland Mayor's Race: League of Women Voters Unethical Forum

The latest news in the Oakland Mayor's Race has the Oakland League of Women Voters still sticking to it's decision to exclude Oakland Mayoral Candidates from its September 23rd forum and for a booya-boogie list of reasons explained before in this space. This, after the Sierra Club opened its previously restricted forum to all candidates.

The lack of Oakland League of Women Voters cooperation to open its September 23rd Forum leads this blogger to ask if the LVW is being paid off by certain elements of the Oakland Business Community, specifically, the Oakland Chamber of Commerce, not to have an open forum?

Given my conversations with a number of people, payoff can come in different forms, like forum sponsorship.

Since I was told that the League Of Women Voters was approached by the Oakland Chamber of Commerce to have a restrictive forum, it's fair to assert that for all practical purposes a payoff was in play. Otherwise, the LVW would have said "no" to the Oakland Chamber's desires, and had an open forum. The Oakland LWV knows the risks at hand in having a closed, or "fixed" forum, yet they're going to do it anyway!

Fixed? Yes. Anytime you have a set of rules designed to exclude candidates, that's the same as "fixing" the forum. I said the "grassroots" effort to get more donations wasn't going to work, and here's my proof in this email from Oakland Mayor's Race candidate Don Macleay:


The LOWV should open their event to all candidates

Dear League of Women Voters, Oakland Branch,

I am writing with concern about the event you have planned for Sept 23rd.
My concern is about the “viability” standards I have received as a requirement to participate as a candidate in this event.

It is my firmly held belief that all ballot qualified candidates should be allowed to participate.

If you do not believe that so many people should be on the ballot, then just say so and advocate a change in the city charter.

We did not respond to your “qualification test” because we do not feel that there should be any other criteria than that of the City of Oakland.

It was my understanding that the Oakland branch of the League of Women Voters had the missions of INCLUDING and INFORMING the public away from our money dominated, media advertizing politics. The “viability” standards seem to be based only on media, money, and existing political connections. Do you now want to make sure that some people get exposure and others do not? It does not really matter what your intention is, that will be the effect. Now one place where all candidates were to be given a chance to make their case in front of the public and see their message distributed by the broadcast media has become one more place where the citizen candidate has been excluded.

The current press coverage is already strongly biased towards a pay-to-play model of politics which creates a self fulfilling prophecy of who is viable. The public is poorly served by the press which has done nothing to inform the public of their choices in this election. Why has the Oakland branch of the League of Women Voters become part of that process that does not fully inform the public?

Other events have taken place and other people have found ways to deal with the large number of candidates. In our modern media age, I think you could find a way to deal with this as others have.

What in effect will happen is that you will end up holding an event that tells the public:
There are people you are allowed to vote for and all the others are not viable.

Is that really the mission the League of Women Voters has now?

So I ask you to reconsider.

Don Macleay

Green Party Candidate for Mayor of Oakland, 2010
510 866-7488
candidate@macleay4oakland.org

P.S. We have received “consolation prize” invitations to at least one other Oakland branch of the League of Women Voters sponsored events.
This does not address the issue I raise here and I wonder who is served by these second string events.


Former State Senator Don Perata has said he would not attend a forum that excludes the other candidates. Thus, he should not attend the Oakland League Of Women Voters Forum.

Monday, September 6, 2010

Oakland Mayor's Race: Don MaCleay, Don Perata, Tax Increment Financing

Blogging random thoughts on Labor Day 2010 in Oakland.

First, say Chip Johnson, my friend, can you name all of the candidates running for Mayor of Oakland without a list to assist you? A bottle of wine says you can't do it on video. Talking to Don Perata is great, and it was a great column, but we need more coverage from you - try doing all of them! Besides, Don skipped the Forum. He had a reason, but Perata's not Mayor; acting like he is will not win the prize.

...Still, I'm starting to see Perata lawn signs...

Second, this blogger has video from the Oakland Mayor's Race Forum on Jobs from last Thursday, but thankfully so do a number of Oakland blogs. That means I can wait and take my time. Yeah!

In fact, I have a backlog of videos that are of a higher priority than the Forum, and I will explain why below. But interviews with Oakland District Two Councilmember Pat Kernighan and her challenger Jennifer Pae, and an upcoming interview with Joe Tuman have to get out there.

Third, now, about the Forum. Where were Terrance Candell and Arnie Fields? Got to attend these things.

Don McCleay 
As I stated in my Twitter tweets during the forum - and there's a good chance you didn't see them, which is cool, but it's not like I have a million followers yet - I believed the best performances were from Councilmember Rebecca Kaplan, Joe Tuman, and (drum roll please) Marcy Hodge. I really didn't think Hodge would do that well, and I base much of my choice on the way she handled my tax increment financing question.

Frustrated with the dog-and-pony-show level of questions at the Oakland Mayor's Forums, I tossed in this one: What is Tax Increment Financing and how will you use it to help business and create jobs in Oakland?

Or something like that.

The question did what I engineered it to do: surprise the candidates and make them think, and scare them. In the process, we learn how they handle a real curveball. Because that's what Mayor's will have to deal with: lots of curveballs.

Beyond that, I wanted to see if the people running for Mayor knew about what tools were available to them for job creation and business assistance. TIF is one of them. (And before you tell me it can't be used for the provision of services in Oakland, I will tell you you're wrong. There's a little known part of the California Heath and Safety Code that says, essentially, that it can. So there. Go and do your homework, and when you're stuck, call me.)

At any rate...

Marcy Hodge answered the question and correctly referred to TIF for what is is, a tool. For someone who didn't spend time in redevelopment (well, OK, she is on the Peralta Board), she gave a good answer of what it could and could not do.

I can't say that for my friend Don MaCleay, who's first concern was "Who asked the question." My thought was "Who cares! Just deal with it." I was openly disappointed in Don, and I think he knew he could have handled that better.

In fairness, Don was the one who got the question first. But that deer-in-the-headlights look he had was frankly totally funny. He paused for a second, and almost had his own Jan Brewer moment, except he saved himself by 8 seconds.

Because of Don's flub, the other candidates were under pressure to try and get it right and for the most part, they did. Councilmember Jean Quan actually got it better than the other candidates, and were it not for Hodge's surprisingly poised answer, would have won the round. Jean Quan was fair, she didn't bash TIF, just gave an evaluation of its pros and cons.

Larry Lionel Young Jr, started off well if stilted, but then lost me when he went "street" in the last part of his answer, ending in a "Vote for LL."   Still, "LL" is a very polished candidate and has presented himself extremely well.   The gap between he and say, Councilmember Jean Quan isn't much, frankly.

But the "much" is critical. I think if the Forums had more policy questions like that one, Jean would do better than she has. Councilmember Quan's a really bright and well-considered person. In retrospect, I don't think the Forums have done her justice, but one thing is she's getting better at just being happy rather than having the view of "what am I doing here with these people."

I hope she keeps it up.

What Is Tax Increment Financing?

Oh, forgot to mention. Tax Increment Financing goes like this. You have an area of the City that you and I agree is blighted. So the Oakland City Council agrees and to make a long process short, we have a redevelopment area. The property tax paid by land and building owners normally goes to the city, county, BART, AC Transit, and EBMUD; now it goes to the Oakland Redevelopment Agency.

The first year of collection, we take the total assessed value of the new area and that becomes the base year of AV. (AV is assessed value.) Each year from that point we take the total assessed value for that year and subtract it from the base year, and multiply that times the tax rate. That's our money for that year, but we let it build up year after year.

If we look out over a 40 year projected period, we have enough to use to float a bond to finance a redevelopment plan.

That's the basic explanation of TIF from a guy, me, who's been a consultant to the City of Oakland, Emeryville, and Elihu Harris, when he was Mayor of Oakland.

OK. It's Labor Day. Enjoy it.

Wednesday, September 1, 2010

Oakland Election News: Jennifer Pae, Jean Quan, Courtney Ruby

Oakland Councilmember Jean Quan 
The latest Oakland Election News has Oakland Mayor's Race candidate Jean Quan and Oakland City Council District Two Candidate Jennifer Pae and Oakland's current City Auditor Courtney Ruby landing the endorsement of The Wellstone Democratic Renewal Club of Oakland.

The Wellstone Democratic Renewal Club's (WDRC) endorsement process started with a meeting last Thursday night, where members nominated candidates for consideration. For Oakland Mayor, only two candidates were named for consideration: Councilmembers Rebecca Kaplan and Jean Quan. For Oakland City Council District Two, only Jennifer Pae was named for consideration and not the incumbent Pat Kernighan. For City Auditor, only Ruby was named for consideration.

The WDRC counted ballots and on Monday announced the votes for endorsements, and released the results on its website on Monday. Here's the full list of Oakland and Berkeley WDRC endorsements:



Oakland Propositions
MEASURE L - Oakland School District Parcel tax -- YES
MEASURE V - Marijuana Taxes -- YES
MEASURE W - Telephone Access Line Tax -- YES
MEASURE X - Public Safety Parcel Tax -- YES
MEASURE Y - Amendment (Restorepolics officer positions) -- YES

Berkeley
Berkeley Auditor: Ann Marie Hogan
Berkeley City Council District 1: Linda Maio
Berkeley City Council District 4: NO ENDORSEMENT
Berkeley City Council District 7 (runoff) -- NO ENDORSEMENT

Berkeley School Board: 3 Endorsed
Joshua Daniels
Karen Hemphill
Leah Wilson

Oakland
Oakland Auditor: Courtney Ruby
Oakland City Council District 2: Jennifer Pae
Oakland City Council District 4 (runoff) -- NO ENDORSEMENT
Oakland Mayor -- Jean Quan

EBMUD Director: Andy Katz
Peralta Community College Trustee: Abel Guillen
Superior Court Judge: Victoria Kolakawski


For more information on endorsements visit the WDRC website at wellstoneclub.org.