JULY 2012

after 7/11/12 here after 7/19/12 here


Declaration of Independence

"WHEN in the Course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature's God entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation.

WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness -- That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient Causes; and accordingly all Experience hath shewn, that Mankind are more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the Forms to which they are accustomed. But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security. Such has been the patient Sufferance of these Colonies; and such is now the Necessity which constrains them to alter their former Systems of Government. The History of the present King of Great- Britain is a History of repeated Injuries and Usurpations, all having in direct Object the Establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid World."



The Bill of Rights

Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.





There is a God and She loves old Jews

Lipofsky at a Chicago deli with a bagel, cream cheese, tomato, onion, and lox

After years in Potter Creek, Bill and Caroline are moving from their 8th and Parker, corner Saw Tooth space.


Look for a "new" face in Berlekey city politics. Another serious candidate for the council is said to have filed last week--Dmitri Belser in Distrcit 3 I believe.




our Berkeley News Page
4th of July and the Berkeley Marina!

The 4th of July is a great day to have a lot of fun. The biggest party is at the Berkeley Marina & Cesar Chavez Activity Park from noon-10 p.m. with all kinds of free fun! Adventure Playground, always a favorite, is open 11am-8pm. Get your face painted, try the giant slide, or splash in the water at the beach!

Cesar Chavez Activity Park on the north side of the marina holds a day of physical fun with clear Zorbing balls that you step inside of to roll down the hill; a Slackline Stunt Show by artists who were in the Superbowl Half-time Show; a climbing wall, bungee run, jousting, a bungee trampoline, and lots more. Additional food booths and a preview of the Giant Show Kites from the Berkeley Kite Festival make it a super fun area.

The event is sponsored by the City of Berkeley and produced byhttp://www.AnotherBullwinkelShow.com.




"Belva Davis to Speak about Her Amazing Life and Times" berkeleypatch.com.

"Berkeley High grad broke barriers in television journalism, has covered the most explosive and transformative events of her times.

One of Berkeley High School's most famous graduates, the iconic Belva Davis broke barriers as the first black TV journalist in the West."

















"The Money-Empathy Gap" at nymag.com."

"New research suggests that more money makes people act less human. Or at least less humane."



"Women in combat: US military on verge of making it official" at csmonitor.com.

"Women in combat: De facto warriors in Afghanistan and Iraq, women are now closer than ever to the "profession of combat arms." The US military is opening jobs to them closer to the battlefield, and they are pushing to abolish job limits through legal battles."








Troy Wolverton writes about a Potter Creek bizin "Dr. Dre's Beats buys Berkeley music service MOG"at contracosta times.com.

"Beats Electronics on Monday acquired MOG, the Berkeley-based subscription music service.
Founded by rap artist and music producer Dr. Dre and music industry heavyweight Jimmy Iovine, Beats is known for its headphones and computer speaker systems. The purchase of MOG is the Santa Monica company's first acquisition and first move into digital music delivery."


"Tattoo parlors, body piercing studios subject of new state health law" by Doug Oakley, Oakland Tribune

"Berkeley will start inspecting tattoo parlors and body piercing studios for sanitary practices to prevent infection of their customers as part of the Safe Body Art Act that became state law July 1."









an Elder's view of

our Potter Creek

Merryll's at sunset

















is Independence Day


from Marsha






"Albany Opts Out of Armored Tank Deal, Says Councilman" at albanypatch.com.

"Berkeley, Albany and University of California police had been working together on a grant for the vehicle, which they said could be used during emergency situations.

Albany police will not participate in a collaborative deal with two other local law enforcement agencies to procure an armored tank, Councilman Robert Lieber announced Monday night."


It is NOT a tank!

It is a

Bearcat armored vehicle


This IS

a tank

an AMX-56 Leclerc Main Battle Tank













Don't know about the younger generation "An armored tank?"





The older generation on the other hand. . . .










Learned a lot with ole friend WD through the years

WD emails

Based on the 1998 landmark exhibition at the Guggenheim Museum, New York, The Art of the Motorcycle at the Orlando Museum of Art (OMA) explores the motorcycle as both cultural icon and design achievement and offers a thought-provoking challenge to conventional assumptions about art and popular culture in the modern age.





"More Components of the California Homeowner Bill of Rights Pass" at nationalmortgageprofessional.com.

"California Attorney General Kamala D. Harris has announced that the non-conference committee components of the California Homeowner Bill of Rights have passed out of legislative committees. Assembly Bill 1950, authored by Assemblymember Mike Davis (D-Los Angeles), passed out of the Senate Judiciary on July 3rd. The bill extends the statute of limitations for prosecuting mortgage related crimes from one year to three years, giving the Department of Justice ample time to investigate and prosecute mortgage fraud crimes.

'The entire Homeowner Bill of Rights legislative package will create a level playing field for California homeowners,' said Attorney General Harris. 'In addition, it will allow my office to continue to prosecute those who take advantage of homeowners who are desperate to stay in their houses.'
Two bills to provide additional protections to tenants who rent homes that are foreclosed upon also passed out of the Senate Judiciary and Assembly Judiciary Committees.

Assembly Bill 2610 (Assemblymember Nancy Skinner, D-Berkeley) and Senate Bill 1473 (Senator Loni Hancock, D-Berkeley), will require purchasers of foreclosed homes to give tenants at least 90 days before starting eviction proceedings. If the tenant has a fixed-term lease, the new owner must honor the lease unless the owner demonstrates that certain exceptions intended to prevent fraudulent leases apply."













"No place in Berkeley for police armored car" Kevin Fagan at sfgate.com.

"It turns out that a massive, armor-plated vehicle rumbling around town as it wards off bad guys' bullets doesn't quite project the image that city and university leaders in Berkeley are shooting for.

Not that this should be much of a surprise - at least according to those who were initially surprised about the idea even coming up.

City and UC Berkeley officials announced Thursday that they, along with their counterparts in the city of Albany, have canceled a joint request for a $170,000 Armored Emergency Rescue Vehicle from a federally affiliated nonprofit group." 

Whether or not we 'needed it' let's get the facts straight, Jeez!

It's an armored vehicle built on a civilian truck chassis powered by a Ford engine. It is used by police in Australia, Canada and the U.S. It's military use is not as a combat vehicle but as part of armed forces police units.


Just what can we learn from our recent "'Armored Tank' Affair?" I'll accept, what I believe to be, Da Boz' insight. In Berkeley, never, never, never acquire an "armored tank," even if it's free, in an election year.






In a fully Twenty First century story, Justin Berton of the S.F. Chronicle writes"Oakland hills residents fight crime with cameras.

Growing concern about crime in the Oakland hills, and a withered Police Department's apparent inability to do anything about it, has given rise to a new neighborhood strategy embraced by both residents and police: Buy surveillance cameras.

Lots of them."













BPD Ofc Cesar Melero, Area 4 Coordinator emails

Lieutenant Dave Frankel is the Area 4 Commander and invites you to have coffee with him.  This is a perfect opportunity to meet Lieutenant Frankel and talk about issues in your neighborhood or anything at all.  On Monday, July 9, 2012, from 3PM to 4PM at Local 123 Café, 2049 San Pablo Avenue, Berkeley.



Yesterday mid afternoon, Gina, a friend of Rick's stopped by with a bag full of freshly picked plums. From Rick's backyard, just ripe and washed, they were delicious. Earlier in the week, Gerard stopped by with some Portuguese cheese and a Spanish El Pedrosal. Altogether they combined in a tasty late afternoon snack.


Judging from the increased Potter Creek delivery truck traffic business is picking up. From box vans to 18 wheelers there's a sometimes-the-street-is-blocked increase.

Also, on my bike rides through west-Berkeley I see more resident for-sale signs. Another indicator of an economy upturn?



Gene Agress emails of the now defunct "armored tank" acquisition.

Can I have it if no one else wants it ?





Record collector, Joe Riehl emails of my London Records Study

This afternoon I picked up a vinyl record at Goodwill-- "Bach Organ Recital" Karl Richter. I cleaned it up and just put it on the turntable. Your labelography let me know that the London record had been pressed in 1953-55. It still sounds fine, quiet, with a well-balanced response, and surprisingly great presence for a mono record. Your story of the development of "ffrr" and the dating of the label added a lot to my pleasure in hearing such a fine 57 year old recording.



"Once-abundant West Coast oysters near extinction" Peter Fimrite at sfgate.com.

Berkeley flat-an sfgate photo

"A disturbing nationwide decline in oysters and the life-giving reefs that they build is particularly dramatic in California, where the once-abundant native species has been virtually wiped out, according to a recent scientific study."








It was reported in the press this week that, for the first time, foreign investment in China has surpassed foreign investment in the US. Although its effect will not be immediately felt in Potter Creek, Berkeley and the US, if the trend continues we all will be affected. (I've always believed in economic-determinism or more plainly, I "follow the money." Though I value this concept of Karl Marx, I also value the advice of his "distant relative Groucho"; something like "Never join any group that would have you."

This is the very first Scrambled Eggs and Lox post.

















Merryll emails a video of a "Concerto for Typewriter and Orchestra." Which, in fact, is Viennese percussionist Martin Breinschmid with his version of the Leroy Anderson's "Typewriter" live at the BASF concert hall Ludwigshafen,Germany 2008,Strauss Festival Orchestra Vienna.


Councilman Capitelli emails

Solano Avenue Business Improvement District Advisory Board Meeting, Wednesday, July 18th at 6:00 p.m, Thousand Oaks Baptist Church, 1821 Catalina Avenue.

As you may know, over the past 18 months I both initiated and led the effort to renew the Solano Avenue Business Improvement District. With strong merchant support, Council approved renewing the BID assessments, effective this past April. I am delighted to invite the community to attend the next meeting of the Solano Avenue Business Improvement District (BID) Advisory Board as it begins the process of "Envisioning Solano Avenue."
Noted urban designer and North Berkeley resident John Roberts will present to the BID Advisory Board possibilities for Solano Avenue street improvements: street trees, seating, improved lighting, signage, . . . and more. The board will be establishing projects as part of their recently renewed assessment district.
For more information about the BID, contact the City of Berkeley Office of Economic Development at 510-7534

Laurie Capitelli
Berkeley City Council, District 5



Ya pays your money and makes your choice?

                "California cities lead nation in self-employment" G. Scott Thomas, bizjournals.com.

"California typically ranks near the top of national measures of entrepreneurship, and the state's current economic problems have inspired additional thousands of job-seekers to create their own businesses.

Self-employment is more common in California than anywhere else in America.
That's evident in the latest figures from the U.S. Census Bureau. Twenty-two percent of the households in Berkeley, Calif., derive income from self-employment, the highest percentage in any major city in the country."


"People's Republic of Berkeley Now One-Party State" by Randy Shaw, at beyondchron.com.

"Berkeley, California, a city whose local activism made headlines throughout the world, is now arguably the region's least politically engaged city on local issues." 









Cliff Miller, Richmond Rambler's Motorcycle Club emails

An Old Farmer's Advice

Timing has a lot to do with the outcome of a Rain Dance.  

If you find yourself in a hole, the first thing to do is stop diggin'.  

Don't pick a fight with an old man. If he is too old to fight, he'll just kill you.

If you get to thinkin' you're a person of some influence, try orderin' somebody else's dog around.


















The negotiations for a new Berkeley Patient's' Group location that I have reported on since the Group closed its San Pablo and Grayson outlet, have finally reached fruition.

A lease has been signed for the old Ali Baba's Drive-In location on the west side of San Pablo Ave just south of California Typewriter across from Chaucer Street.



In another west-Berkeley story radiosurvivor.com reports "California Historical Radio Society is Seeking Funds to Buy Historic KRE Building."




In an outcome that was never in doubt no matter what those present said "Albany senior housing, Whole Foods projects approved" Damin Esper, contracostatimes.com.

"It took six hours and one minute, but at 1:40 a.m. Tuesday, the Albany City Council approved the last in a series of resolutions and ordinances to approve the University Village senior housing project and a Whole Foods Market.

The contentious project along San Pablo Avenue on either side of Monroe Street drew an overflow crowd to the Albany Community Center for the special council meeting that began Monday evening. The clear majority of those who spoke opposed the project, . . . ."

This is the end of a years, years old plan beginning with the raising of old run-down housing.




"Local, Organic Produce at Your Doorstep" Sarah Cooke at care2.com.

"At the Fourth of July celebration in Berkeley, California this week, as I was strolling past a row of vendors, I was drawn to the booth of an organization called Farm Fresh to You. As with most Community Supported Agriculture (CSA) programs, members subscribe at the beginning of the season and Site

A three-year-old hye bags of organic, local produce once or twice a month. However, Farm Fresh to You is different from most CSAs because the produce is delivered to your doorstep."



"U.C. Berkely Spawns San Fran Hyperlocal" Michael Depp at netnewscheck.com.

"A three-year-old hyperlocal news site born out of the University of California Berkeley's journalism school focuses on the Mission District with stories about crime, business and transportation. The mission now is to boost the revenue already coming from ads, merchandize, workshops, fundraisers and donations.

San Francisco's Mission District has long been an epicenter of hipness and a cultural lab for music and art, so where better to try a new experiment in hyperlocal journalism?"

Speaking of hyperlocal, Scambled Eggs is almost ten years old--we will be ten October 30th.

Hyperlocal, schmyperlocal, these web pages are my effort at minimizing caca de toro.










from our log

7/1/12--1:59 PM--irritant in front room, dry dirty air, mucus membrane irritation, light head, over rides HEPA filter.

7/3/12--5:17 AM--irritant in front room, dry dirty air, mucus membrane irritation, light head, over rides three HEPA filters.

7/4/12--2:17 PM---irritant in front room, dry dirty air, mucus membrane irritation.

7/6/12--8:36 AM--irritant in front room, dry dirty air, mucus membrane irritation, light head, over rides three HEPA filters, wear respirator. 7:38 PM---irritant in front room, dry dirty air, mucus membrane irritation.8:28 PM--similar.

7/7/12--8:25 AM--SERIOUS irritant in warehouse front and IMMEDIATELY in front of warehouse, dry dirty air, mucus membrane irritation.

7/9/12--2:35 PM--irritant in front room, dry dirty air, mucus membrane irritation, light head.

3:08 PM---irritant in warehouse front and IMMEDIATELY in front of warehouse, and high pitched whine in warehouse, dry dirty air, mucus membrane irritation, watery blurry eyes, enable to work, Marsha similar.






eternally useful links

You can find more information about our current weather conditions than is good for you at www.wunderground.com

Want to see weather coming in, going out, beautiful sunsets, and much, much more? Check out http://sv.berkeley.edu/view/ This very hip site was in an email from reader and contributor, Tony Almeida. Read Tony's Jimi Hendrix story on the only page that routinely gets more hits than Scrambled Eggs.



Richmond Ramblers' motorcycle club member, Cliff Miller emails a very

useful link

If you ever need to get a human being on the phone at a credit card company or bank, etc., this site tells you how to defeat their automated system and get you to a human being within a few seconds.




Best gas prices in 94710, as well as all of US and Canada, are here at gasbuddy.com

Kimar finds Costco routinely has the lowest price.



Bay Area home prices from sfgate.com

Bay Area foreclosures from sfgate.com


Our City Council update is here.

Our Planning Commision update is here



Our City of Berkeley Boards and Commissions page is here--redone and friendly.



All reports of crime-in-progress should first go to Berkeley PD dispatch--911 or non-emergency, 981-5900. THEN make sure you notify EACH of these City people.

The contacts are below:

Our Area Coordinator, Berkeley PD - 981-5774.

Ryan Lau, aid to Darryl Moore - 981-7120 rlau@ci.berkeley.ca.us

Darryl Moore, City Councilman dmoore@ci.berkeley.ca.us

AND check out BPD feature "Who are these Suspects."






The original owner of all posted material retains copyright. The material is used only to illustrate.