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Complaint: Union charges university with violations during negotiations.

Resident Evil: Sam Stander profiles avantgarde artists, the Residents.

New York, I Love YOU: LCD Soundsystem plays Fillmore with finality.

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Thursday, June 10, 2010

Berkeley, California

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Campus Given $3 Million To Retrofit Student Union

by Alisha Azevedo and Mihir Zaveri As part of a continuing effort to prepare UC Berkeley for the impending impacts of future earthquakes, the campus received a $3 ONLINE PODCAST million grant in Listen to more analysis federal money June 3 to par- of the student union’s tially fund the seismic retrofitting. seismic retrofitting of the Martin Luther King Jr. Student Union.

The grant, provided by the Federal Emergency Management Agency,

funds about 35 percent of the approximately $8.7 million project, which will reinforce several of the building’s weak points and aims to raise the building from a “poor” to a “good” seismic performance rating.

The rest of the project will be supported by funds accrued from the life safety fee, a $46 fee included in persemester campus-based fees.

According to the U.S. Geological Survey, there is a 67 percent chance an earthquake of magnitude 6.7 or greater will hit the Bay Area sometime between 2003 and 2032.

>> fema: Page 2

Mayor Presents Marijuana Proposal to Subcommittee

by Gianna Albaum Contributing Writer

In response to Berkeley’s growing cannabis market, Mayor Tom Bates presented a controversial proposal to tax and regulate medical marijuana dispensaries and collectives in a meeting Wednesday.

The Medical Marijuana Subcommittee, which was created to evaluate ways the city can regulate dispensaries and collectives, extended its discussion past the originally planned four meetings to consider revisions to Bates’ proposal and ultimately send it to the Berkeley City Council for approval.

The proposal outlined several changes to existing law, including zoning limitations on collectives and dispensaries, a tax on dispensaries, a reduced buffer of 500 feet between

schools and dispensaries and an allotment of an additional non-dispensing location for each dispensary.

Bates’ proposal includes a provision that, if recreational use were legalized in November, would create a tax of $100 on every $1,000 of gross receipts of the sale of non-medical cannabis.

In November, California voters will decide whether to legalize sale of cannabis for recreational use to adults 21 and older.

During the meeting, many dispensary and collective members argued that Oakland’s 1.8 percent tax on “cannabusiness” gross profits was too high.

Bates said Oakland’s tax is too low and instead proposed a 2.5 percent tax which elicited an audible gasp from the audience. Last year, Oakland became

>> Meeting: Page 2

Anna vignet/Staff

The Berkeley High School warm water pool, used for therapeutic and exercise programs, will close after Measure C failed to pass.

Measure to Fund City Pools Fails

by Stephanie Baer Contributing Writer

In the wake of Measure C’s defeat Tuesday, some community members struggled to understand the loss, while others still held out hope for the city’s recreational services.

The measure, which required a twothirds majority to pass, gained 60.38 percent of votes, meaning pools at both Willard Middle School and Berkeley High School will close.

Willard Pool shuts down July 1 followed by the closure of the warm water pool at Berkeley High School — which, at 92 degrees Fahrenheit, is home to various exercise, therapeutic and youth programs — when the high school remodels next year, according to Scott Ferris, recreation and youth services manager for the city.

“The undemocratic nature of the two-thirds world bites us again and suppresses the majority opinion,” said Councilmember Kriss Worthington.

“Here, the pools got over 60 percent and yet they’re still losing.”

The measure would have incurred $22.5 million in bonds — which would have been used to replace the indoor warm water pool, renovate pools at Willard and West Campus Junior High School and construct an all-purpose pool at Martin Luther King Jr. Middle School — and created a special tax to repay the bonds.

JoAnn Cook, co-chair for the Berkeley Pools Campaign, said she is discouraged by the outcome of the election.

“It’s a terrible loss,” said Cook, who has used the warm water pool for more than 20 years. “It was pretty clear that without a miracle it was going to be a ‘no’, but I found it hard to hear the ac-

tual, final (verdict).”

According to Mark Numainville, deputy city clerk, the current turnout estimate of registered voters for this election is 22.6 percent — less than the 51.1 percent turnout in the March 2004 primary election, the last time there was a special election for ballot measures in the city. He said this number will probably increase once the rest of the ballots are counted.

In light of the economic downturn, Greg Harper, treasurer for the Berkeley Alliance of Neighborhood Associations, said the measure would have imposed an unbearable tax.

“The bottom line is we can’t afford to do this now,” he said. “You’ve got people losing jobs and their houses ...

People thought this wasn’t the time to increase taxes.”

>> measure: Page 2

Court Order Prohibits Strike, Prompting UC Nurses to Hold Rallies Thursday

by Emma Anderson Daily Cal Staff Writer

Nurses across the UC system will hold rallies Thursday to protest staffing conditions at university medical centers after a court ruling Tuesday prohibited a previously planned allday strike.

Rallies will be held by nurses with the California Nurses Association at major university medical centers at UCLA, UC San Francisco, UC San Diego, UC Davis and UC Irvine as well as at student health centers at UC Berkeley, UC Santa Cruz, UC Riverside and UC Santa Barbara. Two other hospitals in Southern California will also hold rallies in support.

Throughout the day, nurses will participate in demonstrations during their lunch breaks and between shifts, according to the association’s spokesperson Liz Jacobs, but will not leave their duties at hospitals and health centers as previously planned because of the court decision Tuesday.

San Francisco Superior Court Judge Peter Busch issued a temporary restraining order against plans by the association — which represents nearly 11,000 nurses across the system — to strike in protest of what union members say are inadequate patient-to-staff ratios at UC medical centers.

In the midst of labor disputes between the UC and the California Nurses Association over salary levels, benefits and staffing issues, the nurses planned a strike. The university blocked the strike with a court injunction on the grounds of public health and safety.

July 2005

PERB rules that the 2005 strike threat constituted unfair practice and ordered a further hearing.

UC announces PERB will seek an injunction to block another nurse strike planned for June 10. The strike was planned to protest inadequate staff-to-patient ratios.

February 10, 2010

June 4

San Francisco Superior Court Judge Peter Busch issues a temporary restraining order against the strike and schedules a further hearing.

Rallies planned at university medical centers, student health centers and other locations.

June 8 June 10

Court hearing scheduled to decide whether an injunction will be granted against striking.

June 18 Elaine Wang/Contributor,

“Nurses are taking care of too many patients for the level of illness and for what the law requires,” Jacobs said.

Jacobs gave as an example UC Berkeley’s Tang Center, which she said previously had two or three advice nurses but now has one advice nurse answering as many as 70 calls per day.

But university officials argue that the ratios of nurses to patients meet state requirements.

“Patient safety ... is not an issue,” said Dwaine Duckett, UC vice president for human resources, in a statement Tuesday. “Staffing ratios are regulated by the state, and the university complies

with the law.”

Duckett added that the university was prepared to spend millions of dollars to train and transport staff from outside the university to the hospitals if the strike had gone through.

The judge ruled in favor of the university and the Public Employment Relations Board, a self-described quasi-judicial agency that oversees “collective bargaining statutes” of a wide range of state and local employees.

After the university complained to the board about the strike, the board filed for a temporary restraining order against the demonstration on the grounds that such action would put

patients at risk and would violate a “no strikes” provision within the nurses’ contracts.

Both parties will meet in court again June 18 for a hearing to determine whether an injunction will be granted against the nurses’ ability to strike.

“We’re confident that the judge will rule that the nurses have the right to strike,” Jacobs said.

The strike had been planned in conjunction with a one-day walkout of 12,000 Minnesota nurses that, even without the California nurses, is still set to be the largest registered nursing strike in national history.

Had UC nurses been permitted to strike Thursday, it would also have been the first time UC nurses stopped working since the group became unionized in 1984.

The union threatened to strike in 2005 in the midst of a labor dispute with the university regarding salary levels, benefits and staffing issues, but its efforts were quashed by a court-ordered injunction. The order, issued on behalf of the university, also cited concerns about patients’ health and safety.

Emma Anderson is an assistant news editor. Contact her at eanderson@dailycal.org.

2

Thursday, June 10, 2010

On dailycal.org/blogs/ the Blogs Pac-10 May Become More Packed The Pac-10 may soon be getting a little cozier, as more schools could be invited to the party ... umm-conference. Why, you may ask? The most likely reason rhymes with honey. Read more on the Clog.

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Inconvenient Illnesses blog.dailycal.org/TRAVEL Don’t let your bout of the sniffles ruin your next airplane voyage. Angelica Dongallo has lots of tips for making plane travel a little more bearable when you’re sick, as well as ways to avoid infecting all of your fellow passengers. If that’s not enough for you, Byron Atashian also has the latest on Chinese Michael Jackson sightings.

The Daily Californian NEWS

Researchers’ Union Contests UC Labor Practices

by Javier Panzar Daily Cal Staff Writer

A union representing University of California postdoctoral researchers filed charges of unfair labor practices against the university Wednesday, 16 months into formal negotiations between the two parties.

The scholars, who are represented by the United Auto Workers union, are alleging the UC committed 13 violations of the state’s Higher Education Employer-Employee Relations Act over the course of the negotiations, including regressive bargaining, failing to provide requested information and misrepresenting university policy.

California’s Public Employees Relations Board will assess the allegations and either issue a complaint stating a

clog.dailycal.org As it turns out, the company involved in the giant oil leak in the Gulf of Mexico is BP, the very same one that gave UC Berkeley $500 million for research a while back.

Clogger Cassie Myers discusses this and other potentially troubling things.

You can send any comments, requests or face masks to blog@dailycal.org.

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Nick Peterson, project manager for UC Berkeley Capital Projects, said the retrofit of the building will focus on shoring up weaknesses in the Pauley Ballroom, adding steel reinforcement to the Tilden Room on the fifth floor and improving how the building’s floor slabs tie into the structural wall.

Peterson said construction on the building began more than a week ago and will likely continue into the fall.

“We’re hoping to have the bulk of the building back as functional as it was by Welcome Week and mid-August, and Pauley should be done by the end of September,” he said.

Peterson managed a similar retrofit

of Eshleman Hall — also designated with a “poor” seismic performance rating — that took place in March, but he said the Eshleman renovations were smaller in scope than the student union retrofit because Eshleman is slated to be demolished and replaced as part of the B.E.A.R.S. Initiative, a student referendum passed in April to raise funds for the renovation of Lower Sproul Plaza.

The initiative also calls for alterations to the student union building, but ASUC Auxiliary Director Nadesan Permaul said the current retrofit will be incorporated in the building’s renovation.

According to Mark Whitaker, fiscal and policy analyst for the state Legislative Analyst’s Office, the campus’s

MEETING: Dispensary Members Express Frustration from front

the first city in the nation to impose a special business tax on medical marijuana dispensaries.

In response to concerns about the implications of 2008’s Measure JJ, the subcommittee suggested reducing the 1,000-foot buffer zone between schools and dispensaries to 500 feet and including private schools under the regulation.

“What was the rationale behind the 1,000-foot buffer zone?” said Councilmember Darryl Moore. “I don’t think there’s anything magical about that number.”

Though Bates did not address the three-dispensary limit in his proposal, he suggested the city open all commercial zones to dispensaries.

Councilmember Laurie Capitelli expressed hesitance about the proposed change.

“I’m not sure that at this point we’re ready to say, ‘Sure, you can go into any commercial space,’” he said.

“We don’t want to have ... three big box dispensaries dominating the entire market.”

Bates also proposed that collectives,

who often grow their own product, be restricted to residential zones with cultivation capped at 100 square feet per residence — a limit that collectives argued was not enough space to grow their product.

Additionally, Bates proposed the city require dispensaries that acquire nondispensing locations to allot one-tenth of their cannabis to very low-income patients.

The subcommittee, made up of Councilmembers Capitelli, Linda Maio, Moore, as well as Mayor Bates, will meet next week to discuss the proposal. Bates said he hopes to solidify a proposal to present to the council by June 29.

“Next week we should zero in on this (proposal),” he said. “We’re at the point where we need to make decisions.”

As some collective and dispensary members expressed frustration with some of the stricter regulations proposed, Councilmember Max Anderson said “there are bound to be things that are more acceptable or less ... this is subject to alterations and additions.”

Contact Gianna Albaum at galbaum@dailycal.org.

Hayley Hosman, Arts & Entertainment Editor Brian Liyanto, Night Editor Javier Panzar, News Editor Anna Vignet, Photo Editor Elaine Wang, Design Editor Jack Wang, Sports Editor Valerie Woolard, Blog Editor Roman Zhuk, Opinion Page Editor

from front

task in preparing buildings for earthquakes is difficult to compare to other universities. He cited UC Berkeley and UCLA as the campuses facing the most challenges as they are both located near fault lines and have older buildings.

The student union’s retrofit will not use state funds because the building is not used for teaching.

As the university decides how to allocate funding, enhancing the safety of old buildings is often at odds with taking on new projects, Whitaker said.

“Safety projects should be priority, he said. “But at the same time (UC campuses) have growing and evolving needs.”

No matter the reason for the measure’s defeat, Robert Collier, co-chair for the campaign, said losing the two pools will directly impact the health and well-being of many residents.

“It certainly doesn’t speak well to how Berkeley treats its seniors and disabled,” Collier said. “It’s heartbreaking that we didn’t reach the minimum two-thirds threshold.”

Berkeley resident Marie Bowman, who formerly worked on various city commissions and is a member of the Berkeleyans Against Soaring TAxes (BASTA) campaign, said the measure did not pass because residents want a measure that will support recreational services for the entire population.

“While we really care about our community, we also want both a socially and financially responsible government,” Bowman said. “What the results are saying to the city government is, ‘Go back and take another look.’”

Despite Willard pool’s set closure, Worthington said the city can still save the pool, though it will be challenging.

“We’ve dealt with this year after year ... but we have always managed to keep it going,” he said. “I don’t know if we can do that again, but I’m certainly going to try.”

He added that the Berkeley City Council should consider a separate ballot measure to save the warm water pool alone or ask the Berkeley Unified School District Board of Education to delay the pool’s demolition.

“There are several tracks that we need to be working on to respond to the undemocratic nature of the loss,” he said. “The City Council could vote to put it on the ballot for November, but it would be 20 percent of the measure that was voted on (Tuesday).”

Contact Alisha Azevedo and Mihir Zaveri at newsdesk@dailycal.org.

Stephanie Baer is an assistant news editor. Contact her at sbaer@dailycal.org.

Javier Panzar is the news editor.

Contact him at jpanzar@dailycal.org.

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He said the remaining four issues — health benefits, wages, the right to strike and appointment security — remain contentious topics up for debate.

Dwaine Duckett, UC’s vice president for human resources, said in a statement released Wednesday that university will continue to negotiate with the union.

“This is another pressure tactic by the United Auto Workers,” Duckett said in the statement. “As we recently testified at a congressional hearing on the same topic, the university is thoroughly committed to reaching a fair agreement with the UAW. The process is a difficult one, given that this is the first contract for previously unrepresented employees.”

FEMA: Seismic Retrofitting Hoped to Be Finished by End of September from front

Slippery Situation

violation has in fact occurred or provide the union with a warning letter and an opportunity to amend the charges.

If a violation has occurred, the board will mediate a meeting between the two groups, according to Les Chisholm, division chief in the board’s office of the general counsel, who said case lengths vary depending on the complexity of the charges filed. The union’s charges are nearly 50 pages in length.

The charges come after a congressional hearing in April that examined the sluggish negotiation process between the university and the researchers, who voted to unionize in November 2008.

According to Matthew O’Connor, UC Berkeley’s member of the union’s bargaining team, 31 of 35 issues have been settled between the two groups.

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Taking on the Kerr-isis

I

n the 1950s, California’s higher education system needed reform.

Imagine that.

Years before the state public university system went from derelict to the heralded educational model it is today, California’s higher education was in disarray. The state’s citizenry lamented the chaotic and subpar educational infrastructure they had inherited.

However, in the late-1950s, the state’s savior would arise as a middleaged economics professor from Stony Creek, Pa. This man would, as the president of University of California, mold California’s higher education system into what President John L. Hennessy of Stanford would call “an education system that is the envy of the rest of the world.”

This messianic administrator’s name was Clark Kerr.

Kerr had a sweeping vision. As an architect of the system which we hold so dear today, Kerr understood that, in order to provide all Californians the education they deserved, the system required revolutionary change.

President Kerr, who would also be Berkeley’s first chancellor, would become a champion of three basic tenets: coordination, accessibility and excellence. As a principal author of the seminal California Master Plan for Education, published in 1960, Kerr would seek to implement this dream.

His first step was to create the three-tiered superstructure defining each campus’s role in a broader statewide framework. While community colleges would prepare students in vocational studies or for matriculation to other universities, CSUs and UCs would be in charge of bachelor’s, master’s, and doctoral-level degrees.

This system would allow each and every campus to pursue excellence within its mandate.

Kerr also conceptualized the “multiversity,” which would couple universities with their surrounding community and economies (think “town and gown” and vice versa).

Finally, Kerr pushed for accessibility.

Calling for billions in state investment, Kerr sought to allow access for any and all qualified California high school graduates into institutions of higher education. This was the ideological foundation for the university’s commitment to educating not just those who could pay, but all Californians.

Kerr’s design would be a meritocracy, not a pay-to-play system.

But most of all, Kerr was a tireless advocate on Californians’ behalf.

Self-described as possessing the “stomach of a goat and the hide of an alligator,” Kerr would work 80- to 90-hour weeks, sometimes giving over 200 speeches per year. He was tenacious in his pursuit of a system that served all Californians, built on state investment and a commitment to excellence. ow, I know that the “Great Man Theory” (in which a prodigious individual with unparalleled ability to make change single-handedly leads a society through a particularly dark period in history) has fallen out of favor

N

Scientists: Vegetation Zones Are Shifting Contributing Writer

Chris Haugh recently. But staunch leadership like Kerr’s has never hurt in a time of crisis.

Today, we need a reincarnation of Clark Kerr.

A $637.1 million university-wide deficit is only the beginning of the problem. Fees are being hiked, hurting accessibility. The state still does not guarantee a revenue stream for higher education like it does for K-12 education.

In fact, since 1967, when the state spent 13.4 percent of its budget on higher education, our state has witnessed a precipitous drop in educational investment — down to 5.7 percent in 2010.

Couple these budgetary issues with growing enrollment at all levels, and one has an unsustainable predicament that undermines our most rudimentary public-good values.

In this climate, one must turn to leadership for direction. Enter Robert J. Birgeneau. irgeneau the potential to become a 21st century Clark Kerr. In a recent Washington Post op-ed, Birgeneau put forward a compelling argument calling for increased federal investment in public education to preserve the Kerr model.

In other words, Birgeneau most certainly has the dialectic vision, but does he have the same dogged attitude, the same unerring commitment to reforming public education?

Kerr once said that his generation “took it for granted that the world in the long run was going to be a better place and we could help make it better.”

There is a reason why his generation was the Greatest Generation — a uniquely robust cadre of leaders in the first half of the 20th century comprehended the extent of their generation’s crises and met them with earnest dedication and resolute action.

Let us call on Birgeneau to seize the day by evoking the spirit of Clark Kerr and reaffirming our right to accessible education of the highest quality.

Chancellor Birgeneau, there is no one in a more advantageous position to take command of this groundswell of resentment toward our state’s educational divestment and direct it toward something positive. A restless population on campus is longing for a leader to emerge, and you can be that leader.

This is a historical opening; it is a one-time opportunity to march into history as the scion of heroic Kerr-ism.

Do not miss your opportunity, Chancellor.

B

Share your Clark Kerr nostalgia with Chris at chris@dailycal.org.

New research by scientists at UC Berkeley and the U.S. Department of Agriculture Forest Service indicates that climate change is moving global vegetation and biomass, possibly leaving people and wildlife vulnerable.

In a paper published Friday in the journal Global Ecology and Biogeography, Patrick Gonzalez, a visiting scholar at the campus’s Center for Forestry, indicates that nearly one billion people and numerous plants and animals live in vulnerable ecosystems that are at risk.

“Field observations from tropical, temperate and boreal ecosystems around the world show that climate change is shifting major vegetation zones up mountain slopes and toward the equators and poles,” Gonzalez said. “Boreal forests and tropical woodlands are shifting, not just single species.”

According to the paper, written in conjunction with Forest Service researchers Ronald Neilson, James Lenihan and Raymond Drapek, one-tenth to one-half of global land area could be highly vulnerable to more major vegetation shifts, putting both humans and

wildlife at risk.

“Many plants and animals have specific habitat requirements,” Gonzalez said. “These vegetative shifts alter habitats in fundamental ways.”

Wildlife have different physiological tolerances to climate change, according to Dr. Terry Root, a biology professor, by courtesy, at Stanford University. Species must change location, either by moving toward the poles or moving up in elevation, in order to stay at the same temperature. Those who do not adapt suffer population drops that could lead to their eventual extinction.

The vegetation shifts could create an environment fostering wildfires, a particular concern for fire-prone California.

“Vegetation shifts can increase fuel for wildfires by increasing the amount of biomass available for burning,” Gonzalez said.

According to Stephen Schneider, a professor of biology at Stanford and a senior fellow at the Woods Institute for the Environment, climate change has already resulted in early melting of California snow packs resulting in limited water supplies during the summer. This additional fuel, combined with drier, hotter weather and limited water supply may drastically

increase the occurrences of wildfires in California.

Using a statistical analysis of observed climate data from the 20th century and climate projections for the 21st century, the team conducted further analysis of the results and classified land into one of five vulnerability classes — very high, high, medium, low or very low — as defined by the Intergovernmental Panel on Climate Change uncertainty levels.

Classifying the land allows natural resource management agencies such as the National Park Services “to identify areas vulnerable to climate change and potential refuges so that they can plan how to help species and ecosystems adapt to changing conditions,” Gonzalez said.

While the data is useful to help mitigate the effects of shifts, actually lessening biome shifting and the associated risks to people and wildlife requires reducing greenhouse gas emissions, according to Gonzalez.

“We can avoid the most drastic impacts of climate change by reducing the greenhouse gas emissions from power plants and cars that cause climate change,” he said.

Contact Aaida Samad at asamad@dailycal.org.

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ARTS & ENTERTAINMENT

RESIDENTS: BAM Brings Voynovskaya from Page 5

Experiential Theater

Artists Out of Hiding

stultifyingly bored and on edge. Each person seems to have an activity — knitting, make-up, banjo — and also a gas mask. When one of the characters decides to leave the room there is a big hoopla, as each shouts an objection while putting on their respective masks.

After that a young woman ushers the audience downstairs to contemplate the bizarre and banal. Each scene offers an intimate look at the private spaces, the ones not recorded on CNN, of those confronted with isolation, confusion and disaster. Even the title “Get This Go,” is a mantra of an apocalypse survivalist. But it also implores the audience to soak up what they can before being whisked away from the strange.

As he progresses from debauched youth to Vietnam draftee, the music’s morbid intensity builds. The musicians provided both gravity and levity to the proceedings, dynamics that will undoubtedly be more powerful when “Sam’s Enchanted Evening” is realized with a full orchestra.

The Residents’ concert at BAM was part of the L@TE: Friday Nights at BAM/PFA series. One of the series’ guest programmers, pianist Sarah Cahill, a long-time friend of the band, invited them into the fold. Speaking over e-mail, Cahill explained, “(Museum director) Larry Rinder’s original intent for the series, I believe, was to celebrate local artists who, for one reason or another, we might not hear locally as often as we’d like.”

Serendipitously, they had a piece in progress. “They’ve been working on (‘Sam’s Enchanted Evening’) internally, kind of in parallel with other projects for a couple of years now,” said Flynn.

Cahill had previously commissioned a piece from the Residents for a project called “A Sweeter Music,” which was produced at Hertz Hall on the UC campus in 2009. But that’s not her only tie to the collective. “My husband, John Sanborn, created some videos with them, and I can proudly say that one of the Residents was a best man at our wedding,” she elaborated.

Cahill also cited her appreciation of the Residents’ aesthetic values, writing, “When other bands wanted to be polished and expertly produced, the Residents opted for homemade instruments and D.I.Y. culture at a time when hardly anyone else was doing that.

They’ve stuck to their principles and forged their own path, which is unique and always outside the mainstream.”

Indeed, the Residents have pursued a number of unusual tributaries throughout their career. Their pioneering work in music video has always been a staple of their artistic output, right up to the recent “Talking Light” tour, which features videos cast by a pico projector held by one of the Residents. An exploration of their video work, titled “Icky Flix Remix” in reference to their 2001 career retrospective CD/DVD Icky Flix, will play at the Pacific Film Archive on Wednesday night (still forthcoming at time of writing).

But music videos, however inventive, are hardly unusual, you say. Well, over the years, the Residents have also trafficked in CD-ROM games, podcasts and, most recently, concert downloads. What does the future hold for the Residents, in terms of formal experimentation? “One of them got an iPad just before going off on the recent European tour, and so they’ve actually become quite fascinated with that as a potential new medium to explore,” reveals Flynn. “But it’s more like just trying to get a feel for it now and get a sense of what would be a good project for that medium.”

The Residents, despite a generally low profile, apparently have a devoted following around the Bay. The BAM was packed — the museum’s Administrative Coordinator, Sean Carson, reports a turnout of 1009, the largest audience for a L@TE event so far — with onlookers arrayed across the many balconies of the tiered galleries. This show constitutes a break from their ongoing “Talking Light” project, for which they will return to Europe, with a two-night stint at the Centre Pompidou in France. At this point, they’re sub rosa rock royalty, and they continue to see the world through a defiantly different lens, eyeball masks or no.

from BACK

Sing Johnny Cash on your ukulele with Derek at dsagehorn@dailycal.org.

from BACK

‘Get’ out! Mugwumpin, a San Francisco theater troupe, pushes the audience’s buttons as guests are invited to view different performers going from room to room in a motel.

album reviews

ONLINE PODCASTS The writers discuss this week’s album releases with clips.

Ariel Pink’s Haunted Graffiti BEFORE TODAY [4ad]

Deer Tick THE BLACK DIRT SESSIONS [Partisan]

Hanson SHOUT IT OUT [3CG]

hough notorious for the disjointed DIY sound of his home recordings, Ariel Pink has finally given up his self-imposed house arrest and taken to the studio to record his latest album. Before Today is his debut on 4AD, after having released a handful of albums and rereleases on Animal Collective’s label, Paw Tracks. While this may seem like an unfit setting for Pink’s muffled clash of radio samples and armpit break beats, it has left his unconventional style with a much needed boost of coherence that is sure to earn him new popularity.

Pink’s obsession with pop music is no guilty pleasure. From the anthem “Hard Core Pops Are Fun” to his 70-minute lament for pop cultures past in Worn Copy, he boasts this love affair shamelessly. And now he has finally succeeded in producing pop music of his own. What separates Before Today so drastically from its predecessors is a lack of instrumental angst, a more mature sound produced by a perhaps more matured artist. Older Pink tracks left listeners with the sensation of anxiously speeding down deserted LA streets with a blaring, unresponsive radio.

His new album is instead an upbeat jam meant for lighthearted cruises down Sunset Boulevard. Though many of the lyrics are still preoccupied with youthful disillusionment, they are offset by catchy choruses and guitar riffs.

This new pop-heavy production will be easier to recreate onstage, making for a more entertaining live show. The recent rise in popularity of the underground DJ and rap scenes also makes this the perfect time for Pink to make a comeback. His shuffling of old mixtapes and bodily noises now coupled with polished studio production is sure to please members of the bootleg and freakfolk communities alike.

—Erin Donaldson

f there could be a sound for gritty sand between your boots and the wooden floorboards of a dimly lit bar somewhere in the Old West, it would be Deer Tick’s newest album The Black Dirt Sessions.

Evoking a country-rock nostalgia, Deer Tick has the potential to make music that transcends time, but they fall short in this third release.

John J. McCauley III’s familiar buzz of a voice cries out in anguish slowly, as if trapped in a fog of whiskey and bad romance.

The melodies sound recycled, especially in tracks “Mange” and “When She Comes Home,” which seem more like diluted versions of Johnny Cash classics than anything new or original.

However, The Black Dirt Sessions is flecked with bits of gold, particularly in their simpler, more acoustic numbers, such as “The Sad Sun,” where McCauley gently wails, “Never had your chance to live/And it’s hard to forgive/Never had your chance to love/And it does not happen like this/In heaven, if heaven exists.”

Tracks “Twenty Miles” and “Hand In My Hand” touch upon McCauley’s broken-heartedness with lyrics such as “Everybody is alone in this world/ Touches feeling close but never touching/When everyone is alone.”

What Deer Tick may lack in musical authenticity, they make up in lovelorn poeticism.

Though as a whole The Black Dirt Sessions is not much of a departure from their previous album in 2009, Born On Flag Day, Deer Tick’s gruff style has helped them garner a dedicated following, and this album will solidify their place as artists within the alternative country genre.

If anything at all, Deer Tick and their Black Dirt Sessions will take you away for a moment to somewhere that’s a little older, a little dustier, a little lonelier.

—Catherine Kim

anson’s new album, Shout it Out, opens with a failed show-stopper of a tribute to tired material. Apparently, artists continue to find that pop at its most outrageous involves running one’s fingers along the length of a keyboard.

The contrivance rings stale, and bodes badly for the album — which manages to surprise your pants off.

“Carry You There,” the album’s fourth track, establishes Shout’s turning point. It swells, engendering pangs of familiarity, and — it’s a little bit rock? There’s unfeigned emotion?

It’s... falling outside of the realm of overtly blase pop?

Shout boasts a nothing-short-ofdelightful mash-up of influences from gospel, rock, dance, and garage, with ska horns and Michael Jackson beats. It’s exciting, because there’s a sense that this band is actually trying. And that’s at the crux of the distinction between the trio and other popular acts.

Hanson maintain a consistency that much of today’s pop music lacks.

While other pop acts’ repertoires change style from song to song (see: “Party in the U.S.A.” vs. “Can’t be Tamed”), Hanson — predictability embodied in its most pleasant form — make music consistent in its aesthetic and accessibility. They may have cut their hair, but their teenage ethos — and sound — are deeply rooted in a ‘90s pre-pubescence that works.

They’re outdated — and mean to be.

Regrettably, interest wanes after a body of genre-bending work leads way to more stuff you’ve heard before.

The lyrics are bad. There are salutes to Broadway showtunes.

You may have heard better, or newer, but it doesn’t have quite the same draw of these adults-still-young.

They’ve been at it for a while, but Hanson still manages to evoke a hackneyed sentiment that is genuine all the same.

—Liz Mak

T

I

H

Serendipitously reveal a Resident's identity for Sam at sstander@dailycal.org.

The actors on “Awesome Show” look like people you would expect to see in line at the grocery store rather than on television, but their sincerity trumps their sex appeal: their quirks and foibles lie exposed. Sketches about defecation, homoerotic friendships and bloody nipples run through “Tim and Eric Awesome Show, Great Job!” The humor is almost Freudian, taking the embarrassing and crude aspects of mundane life and rehashing them in a familiar format akin to low-budget cable programming.

Though a sense of parody pervades the show’s five seasons, Dunn was never made the butt of a joke.

Instead, the soft-spoken, stick-thin old man became a sort of celebrity inside Tim and Eric’s warped dream world. When Dunn played a Gothic talk show host on a sketch called “Dunngeon,” he seemed unfalteringly hip to the show’s bizarre aesthetic with his inappropriate pauses and mispronunciations. Meanwhile, his interviewee, Dave Navarro of Jane’s Addiction, proved to be the true buffoon in his vexed self-importance.

During his stint in the acting world, Richard Dunn serendipitously gained a cult following of fans at an uncommon age. As Tim and Eric move on to other Adult Swim ventures like “Check It Out! With Dr. Steve Brule,” Pep Pep will remain one of the fondest memories of “Awesome Show.”

Say a tearful goodbye to Pep Pep with Nastia at avoynovskaya@dailycal.org.

World: Music Festival

Bridges Cultural Gaps from Page 7

were people there, and they weren’t lost, or looking for needles.

One of the best acts of the event was undoubtedly Khi Darag!, which blended Mid-East, Psychedelic and Cambodian pop. Vibrant blends of violin, saxophone and drums complimented a semi-apocalyptic brand of music. At times, they might have been likened to a middle-eastern Rage Against the Machine.

Bamboo Peru, completely neglected, played the entryway to Moe’s Books, utilizing a quiet charisma and engaging in intimacies with the few devotees, merging music with informational: “You know the origin of potatoes?”

It was an agreeable event. But it’s difficult to say that it was completely successful. Whereas the objective was once to attract new customers, the Festival is now more of an event for the already-converted. Telegraph doesn’t seem to be much more appealing to new demographics than it was years earlier. The concurrent Berkeley Poetry Festival was held in front of abandoned space that was once Cody’s Books, exemplary of what seems to be the degradation of the Avenue. With a mostly 40+ crowd, the festival and street are aging out.

It’s nothing new, but who really wants it to be? And do young people actually listen to world music, other than ironically? Despite its setbacks, with a Tibetan store for every square mile, there’s no place more suitable for a world music celebration than Berkeley. It might be a tribute to a dying era, but what is Berkeley if not pipe-dreams and hippies, 50 years after the fact?

Go to the park and slather sunscreen on your cat with Liz at emak@dailycal.org.

GET YOUR W RLD CUP SOCCER Doors open at 6:30am every day. 6 TV Screens. Full bar, breakfast and lunch.

WEDNESDAYs

DJ’s spinning House, Trance and DubStep.

Doors at 9:30. Ages 18+

2367 Telegraph Ave.

THURSDAYs

Student Club Night. DJ’s spin the latest dance hits. Doors at 9:30. Ages 18+

blakesontelegraph.com

w FREE WITH CAL/INT’L ID CARD!

Thursday, June 10, 2010

ARTS & ENTERTAINMENT The Daily Californian

5

New York’s LCD Soundsystem Bring the Apple to the Fillmore

by Kalesa Ferrucci Contributing Writer

W

ith his graying scruff, white tee and black cargo pants, James Murphy of LCD Soundsystem serenaded and rallied a packed ONLINE SLIDESHOW house Thursday View pictures from LCD night at San Soundsystem’s show at Francisco’s Fillmore. LCD’s the Fillmore online. loyal indie following snapped up the $35 tickets in a heartbeat. The sold out show’s tickets were immediately going for over $150 each and for good reason. The performance by the electronic-punk-dance ensemble headed by DFA Records producer Murphy proved to be worth every Craigslist-pawned penny.

LCD played for nearly two hours, delivering hits like “Daft Punk Is Playing At My House” and “All My Friends” peppered with new tracks off the new album, This Is Happening. Equally versatile in person as he is on his records, Murphy’s vocals were impeccable. And the instrumentation was just as clean.

From the snarky, nasal ”Yr City’s a Sucker” to the melancholy, melodic “I Can Change,” Murphy cradled the mic by his heart as he killed every track.

Murphy’s unaffected comedic nature came effortlessly on Thursday. He casually drew attention to his drummer, stage left, who was wearing hot pants, and the crowd roared in approval for the bare-legged percussionist. Towards the end of the show, Murphy expressed his concern to the crowd about them taking videos (“That’s cool, put ‘em up on YouTube!”) while chiding that if the crowd was too focused on recording, they might not fully enjoy the show.

The crowd made "oohs" in unison, backing Murphy’s diss. It could have come off self righteous but instead served as a playful reminder to the audience why they were there and why they love LCD. Murphy’s little remark also reflected the non-threatening irony

and wit of his music. Like in “Losing My Edge,” the hilarious, gritty sevenminute plus single that launched the band, the crowd relinquished their cool, singing with Murphy, “I’m losing my edge to better-looking people/ With better ideas and more talent/ And they’re actually really, really nice.”

The front row, or mob really, was drenched in sweat and beer. They bounced off one another like slippery ping pong balls to the beat of “Us V Them” with its repetitive lyrics and driving cowbell. And the techno track “Yeah” made for great softcore moshing despite minimal space on the crowded standing-room-only floor.

But the trance beats and callback chants of “Pow Pow” produced the most thrusting fists and bobbing heads. Murphy and his six cohorts on stage created an invigorating and seamless amalgamation of live and synthesized instrumentation.

Staying true to his NY home, the show ended with some serious homage. No LCD show is complete without “New York, I Love You But You’re Bringing Me Down,” but the odd treat was what followed: a remix of Jay-Z and Alicia Keys’ “Empire State of Mind.” Even this cover didn’t feel out of place because Murphy's tastes and techniques only lure fans in further with their diversity, made apparent by the applause for “Empire” before the end of the first chord.

Although treacherous rumors had been floating around that this might be LCD’s last tour, with This Is Happening being reportedly their last album, Mr. Murphy, cool and calm, reassured the SF crowd that he will be back. And since he is the ultimate authority on everything, his word should be trusted like the word of God. Between his attitude and his talent, Murphy somehow managed to be the coolest uncool dude because, well, “there’s advantages to each.”

Back up James Murphy’s disses with Kalesa at kferrucci@dailycal.org.

The sound of silver. LCD Soundsystem’s James Murphy rocked the Fillmore Thursday night with a salt and pepper ’do, amid rumors that the band is on the brink of retirement.

on the

FRINGES

With Nastia Voynovskaya brent green/Andrew Edlin gallery New YOrk/courtesy

Artful re-enactment. Brent Green brings his unique, subversive vision to full-length film in ‘Gravity Was Everywhere Back Then,’ a genre-bending retelling of true events.

Avant-Garde Visual Artist Defies ‘Gravity’ Onscreen in Darkly Comic Debut Feature

by Max Siegel Contributing Writer

T

im Burton wasn’t the first guy to discover the appeal of constructing fantastic sets. In the 1970s, an eccentric named Leonard Wood responded to his wife Mary’s illness by building a bizarre house. As envisioned by the avant-garde artist Brent Green, in his first featurelength film, “Gravity Was Everywhere Back Then,” the house is something straight out of a Burton film. Sharp angles, rooms that don’t make sense and painted windows abound. It’s the perfect abode for a German Expressionism enthusiast, or for a wife like Mary who casually asks Wood: “Do you want to go to a funeral?”

For this film, Green rebuilt Wood’s house on his own property, in a rural part of Pennsylvania. (Wood’s original structure has long since been demolished.) He even cast a pair of actors to play Leonard and Mary. But this is no Hollywood feature; this is an artist’s meditation in filmic form.

Green leaves his mark from the start.

Speaking in an excited, quivering voiceover, Green reveals his passion for Leonard’s story. Why, he asks, did Leonard have to build a 23-foot-high tower for a laundry room?

The house wasn’t built for practical purposes – at least in the traditional sense. The construction may have simply given Wood something to fill the time, but Green speculates that Leonard had higher aims: Perhaps he was trying to form a connection to God by building that tower to the sky. Green also connects with Wood’s rebuke of practicality for the sake of artistic expression. Leonard spent so much time and money on his house that by the time he died, he had only 17 cents in the bank. Green, too, claims that he nearly went broke in making his film.

Fortunately for viewers, Green persevered, and the resulting feature is nothing less than astounding.

“Gravity Was Everywhere Back Then” impressively melds a witty, tongue-in-cheek tone with the rigor and precision of a structuralist film.

Green undercranks his shots, creating a unique, stuttering aesthetic that makes the actors move and speak like puppets. This humorous technique also highlights the fact that the movie is a reconstruction of past events.

There is one particularly amusing sequence, in which Leonard and Mary first meet each other, during a car crash relayed in stop motion.

Leonard’s car collides with Mary, and he flies through Mary’s window and lands in the seat next to her, intact.

Never mind the dead body in one of the cars; this is love at first sight.

Despite the humor, there is a dark undercurrent that runs throughout the film that becomes increasingly prominent by the conclusion. In the end, Leonard’s fantastic house didn’t prevent Mary from dying, and it didn’t bring her back to life.

The project probably caused Wood’s demise, when one day, he fell from the roof and landed himself in a nursing home. Green appears to be disenchanted with these limitations of artistic power. “If there is a God, he is indifferent to us,” Green nearly screams during a fit of nihilistic rage.

This kind of fervid ranting distracts from the tragedy of Wood’s project.

Simply by looking at the reconstructed house, we get a sense of the madness that once pulsed through Wood’s veins. Green’s angry voiceover smacks of a filmmaker pushing too hard, and it’s a rare false note in an otherwise extremely moving film.

“Gravity Was Everywhere Back Then” is really about artistic despair, and it leaves the filmmaker, like his subject, shaken up. Sometimes, maintaining a bit of distance is the best medicine for the troubled artist.

WHAT: West Coast Premiere Where: Pacific Film Archive COST: $5.50 to $9.50 when: June 16, 7:30pm Construct a bizarre and impractical house for Max at msiegel@dailycal.org.

W

hen Tim Heidecker of “Tim and Eric” fame tweeted the news of Richard Dunn’s passing the morning of June 4, the event Nastia posts more seemed farabout absurdist TV fetched, almost impossible, even with videos online. though common sense dictates that the elderly are moribund.

The little-known character actor had become something between a figurehead and a cherished grandfather on Adult Swim’s “Tim and Eric Awesome Show, Great Job!”, where his recurring appearances rendered him an unlikely star. With his gentle demeanor, comb-over and woolen sweaters, Dunn fueled Tim and Eric’s brand of absurdist sketch comedy and will be remembered as the show’s beloved Pep Pep. Before becoming a regular on “Tim and Eric Awesome Show, Great Job!”, Richard Dunn played bit parts for a living, working for anyone in need of a doddering senior citizen on the set.

Hardly noticeable at a glance, Dunn’s presence survives in surprising facets of pop culture. He stares up in shock as P.Diddy rolls up to the curb in the “Bad Boy for Life” music video, plays a cancer patient in an episode of “Weeds” and moshes, his face painted blue and silver, in 3 Doors Down’s video for “Kryptonite.”

Despite his ripe age of 73, the actor’s mortality didn’t even seem like a factor to consider given his quiet ubiquity on the small screen. Dunn wasn’t driven by Hollywood glory, or at least not outwardly. Most of his life’s career consisted of military service. In a 2007 interview, Eric Wareheim told “A.V. Club” that he and Tim Heidecker hired Dunn because they wanted to seem as if they carelessly hired an old man to play Tim’s father for their first episode of “Awesome Show.”

“We actually saw him from our office, in the parking lot, getting out of his car, smoking a cigarette,” recalled Tim, “He was wearing that sweater…

It was immediate to us. We looked at each other and jumped up and down.”

As comics, Tim and Eric operate on deep levels of irony. Other than Dunn, personalities like the balding amateur ventriloquist David Liebe Hart frequent episodes of “Awesome Show.” The characters’ awkward musical performances and uncomfortable guest appearances add to the duo’s mock ‘90s style of editing and pop art-derived graphics.

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E>@:EL Notice is hereby given that sealed competitive bids will be accepted in the office of the GSA-Purchasing Department, County of Alameda, 1401 Lakeside Drive, 9th Floor, Conference Room 906, Oakland, CA 94612 MANDATORY PRE-BID SITE VISIT AND CONFERENCE S. County Project #5029-F, New Fence at Castro Valley Library, Wednesday, June 16, 2010 at 10:00 a.m. â&#x20AC;&#x201C; North Property Line at Castro Valley Library, 3600 Norbridge Avenue, Castro Valley, CA Attendance at the Mandatory PreBid Conference is required Responses Due by 11:00 am on June 30, 2010 County Contact: Trip Miller at (510) 208-9588 or via email: c h a r l e s . m i l l e r @ a c g o v. o r g Information regarding the above may be obtained at the Current Contracting Opportunities Internet website at www.acgov.org.

CNS-1876069# Publish: 6/10/10 Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate a petition within the City of Berkeley for the purpose of obtaining voter approval of a new Downtown Area Plan. A statement of the reasons of the proposed action as contemplated in the petition is as follows: Since the City Council adopted the existing Downtown Plan in 1990, there have been major changes to our Downtown that require re-evaluation of the Plan. â&#x20AC;˘In 2005, the University of California adopted its 2020 Long Range Development Plan that calls for 800,000 square feet of new development in the Downtown area. â&#x20AC;˘The current economic crisis has forced some businesses to close creating one of the highest ground floor vacancy rates in the city.

Despite the success of the Addison Street Arts District, there is a general perception that the Downtown is in decline. â&#x20AC;˘The global climate change crisis requires that our community reduces its overall carbon footprint and one of the main goals of the proposed Downtown Area Plan is to make the Downtown not only a green city center but also a model of environmental sustainability.

The proposed Downtown Area Plan promotes a vision that will make the Downtown vibrant and inviting with a wide range of retail options, including neighborhood-serving businesses. It promotes the creation of new parks and public open spaces. It also promotes excellent transportation options, including adequate onstreet parking.

It requires that new buildings incorporate green building practices and provide public benefits. It also encourages the adaptive reuse of existing buildings while respecting the historic character of our Downtown and its surrounding neighborhoods. It creates a Green Pathway for development that provides a faster permitting process in exchange for the developers providing substantial public benefits including affordable housing for lowincome residents, prevailing wages for construction workers, and participation in apprenticeship programs.

This vision is the result of years of work by Berkeley residents and differs from the highly truncated plan

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promoted by the Mayor and City staff, which allows for buildings at excessive heights in the Downtown.

Because the Downtown is the heart of our city, the voters of Berkeley should be given an opportunity to decide its future. This plan presents a community vision for the future of our Downtown that promotes economic revitalization, sustainability, social equity and new infill development at an appropriate scale that respects the character of our community.

Attachments: 1.Resolution â&#x20AC;&#x153;Rescinding Resolution No. 55,663 Which Adopted The 1990 Downtown Plan And Adopting The Downtown Area Plan And Incidental Amendments To The General Planâ&#x20AC;?

2.Exhibit A: Downtown Area Plan 3.Exhibit B: General Plan Amendments for Downtown Area Plan Signed: Jesse ArreguĂ­n, Councilmember, District 4 Date: May 7, 2010 (Downtown & Central Berkeley)* Signed: John Selawsky, School Board Director* Date: May 7, 2010 Signed: Patti Dacey, Planning Commissioner & Date: May 7, 2010 Secretary, LeConte Neighborhood Association* * Titles for identification purposes only Title and Summary for Initiative Petition Concerning Downtown Plan [Ballot Title] Initiative Measure Rescinding the 1990 Downtown Plan and Adopting a New Downtown Area Plan and Associated General Plan Amendments.

[Summary] This measure would: rescind the 1990 Downtown Plan, adopt a new Downtown Area Plan (DAP), and adopt various amendments to the Cityâ&#x20AC;&#x2122;s General Plan designed to maintain consistency between the new DAP and the General Plan.

The DAP would generally include the area bounded by Hearst Avenue, Oxford/Fulton Street, Dwight Way and Martin Luther King Jr. Way. Within this area it would designate a â&#x20AC;&#x153;Core Areaâ&#x20AC;?, an â&#x20AC;&#x153;Outer Coreâ&#x20AC;?, a â&#x20AC;&#x153;buffer areaâ&#x20AC;?, an areas that would be zoned R-2A, R-3 or C-N, as shown in Figures LU-1 and LU-2.

The DAP would include narrative descriptions of the downtown area, as well as goals, policies and implementation actions addressing environmental sustainability, land use, access, historic preservation and urban design, streetscapes and open spaces, housing and community health and services, and economic development.

For three years the DAP could be amended only by the voters. After three years, it could be amended by the City Council, except for: provisions relating to public benefits in Policies LU-2.1, LU-2.2 and LU-2.3; Table LU-1 (building heights); and the building heights and land use boundaries in Figures LU-1 and LU-2. After six years all parts of the DAP could be amended by the City Council.

The DAP seeks to direct growth to a â&#x20AC;&#x153;Core Areaâ&#x20AC;? and â&#x20AC;&#x153;Outer Coreâ&#x20AC;? near BART; foster sustainable develop-

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ment; provide additional opportunities for housing, hotels and conference facilities; require new buildings to support pedestrian activity; obtain funds for streetscape and open space improvements and amenities; and give priority to pedestrians and promote alternatives to the automobile.

The DAP calls for the adoption, increase, or extension of affordable housing, in-lieu parking, transportation demand management, open space, and child care fees.

The DAP would permit taller buildings as follows: 4 buildings up to 120 feet in the â&#x20AC;&#x153;Core Areaâ&#x20AC;?, 2 of which must be hotels and 2 must be residential mixed-use; and 2 UC buildings up to 120 feet in the â&#x20AC;&#x153;core areaâ&#x20AC;? or â&#x20AC;&#x153;outer coreâ&#x20AC;?. Farther from BART, maximum building heights in certain areas would be reduced.

New non-UC buildings would have to meet stricter green building standards; generally not exceed 90% lot coverage which can be waived by paying an open space in-lieu fee; provide or pay a fee in lieu of parking; provide transit passes; and pay open space, transportation services, affordable housing and child care fees.

The DAP would limit discretion over new buildings up to 87 feet to a 90-day design review process, if they provide 20% affordable housing on site or an in lieu fee, waive any density bonus or concessions or incentives under state law, employ approximately 30% of workers from Berkeley and East Bay Green Corridor cities, pay prevailing wages for construction, and have approximately 20% apprentices from statecertified apprentice programs.

Buildings over 87 feet would also be required to provide these public benefits, and would receive an expedited discretionary review process.

Publish: 6/10/10 NOTICE OF PETITION TO ADMINISTER ESTATE OF: JUDITH A RADOCHA CASE NO. RP10515723 To all heirs, beneficiaries, creditors, contingent creditors, and persons who may otherwise be interested in the will or estate, or both of Judith A. Radocha.

A PETITION FOR PROBATE has been filed by Mechanics Bank in the Superior Court of California, County of ALAMEDA. THE PETITION FOR PROBATE requests that Mechanics Bank be appointed as personal representative to administer the estate of the decedent.

THE PETITION requests the decedentâ&#x20AC;&#x2122;s will and codicils, if any, be admitted to probate. The will and any codicils are available for examination in the file kept by the court.

THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This authority will allow the personal representative to take many actions without obtaining court approval. Before taking certain very important actions, however, the personal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an interested person files an objection to the petition and shows good cause why the court should not grant the authority.

A HEARING on the petition will be

held in this court as follows: June 23, 2010 at 9:30AM in Dept. 201 located at 2120 Martin Luther King Jr. Way, Berkeley, CA 94704.

IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney.

IF YOU ARE A CREDITOR or a contingent creditor of the decedent, you must file your claim with the court and mail a copy to the personal representative appointed by the court within four months from the date of first issuance of letters as provided in Probate Code section 9100. The time for filing claims will not expire before four months from the hearing date noticed above.

YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special Notice (form DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code Section 1250. A Request for Special Notice form is available from the court clerk.

Attorney for Petitioner Lombardi, Loper & Conant, LLP 1999 Harrison Street Suite 2600 Oakland, CA 94612 Publish: 6/7, 6/10, 6/14/10 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 438231-32 The name of the businesses: PC/D Consulting, and Top Secret Chef, street address 1519 Martin Luther King Jr. Way, Berkeley, CA 94709, mailing address 1519 Martin Luther King Jr. Way, Berkeley, CA 94709 are hereby registered by the following owner(s): Phillip Dedlow, 1519 Martin Luther King Jr. Way, Berkeley, CA 94709.

This business is conducted by an Individual.

This statement was filed with the County Clerk of Alameda County on May 7, 2010.

PC/D Consulting Top Secret Chef Publish: 6/3, 6/10, 6/17, 6/24/10 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 438623 The name of the business: Christinaâ&#x20AC;&#x2122;s Creations & Sports, street address 13720 Doolittle Drive, San Leandro, CA 94577, mailing address 13720 Doolittle Drive, San Leandro, CA 94577 is hereby registered by the following owner(s): Maria Christina Arechiga, 2404 Fiji Way, San Leandro, CA 94577.

This business is conducted by an Individual.

The registrant began to transact business under the fictitious business name listed above on April 22, 2010.

This statement was filed with the County Clerk of Alameda County on May 18, 2010.

Christinaâ&#x20AC;&#x2122;s Creations & Sports Publish: 6/3, 6/10, 6/17, 6/24/10 NOTICE OF TRUSTEE'S SALE TSG No.: 4379557 TS No.: CA1000193381 FHA/VA/PMI No.: APN:066 -2728-028-00 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 12/30/04. UNLESS YOU TAKE ACTION TO PROTECT

YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On June 23, 2010 at 12:00 PM, First American LoanStar Trustee Services LLC, as duly appointed Trustee under and pursuant to Deed of Trust recorded 01/11/05, as Instrument No. 2005011487, in book , page , of Official Records in the Office of the County Recorder of ALAMEDA County, State of California. Executed by: JAMES FRANCES KNOWLES AND KENDRA N. KNOWLES,. WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER'S CHECK/CASH EQUIVALENT or other form of payment authorized by 2924h(b), (Payable at time of sale in lawful money of the United States) At the Fallon Street emergency exit to the Alameda County Courthouse, 1225 Fallon St., Oakland, CA. All right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State described as: AS MORE FULLY DESCRIBED IN THE ABOVE MENTIONED DEED OF TRUST APN# 066 -2728-028-00.

The street address and other common designation, if any, of the real property described above is purported to be: 905 PIERCE STREET, ALBANY, CA 94706. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein.

Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $418,738.20. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the County where the real property is located.

The beneficiary or servicing agent declares that it has obtained from the Commissioner of Corporations a final or temporary order of exemption pursuant to California Civil Code Section 2923.53 that is current and valid on the date the Notice of Sale is filed and/or The timeframe for giving Notice of Sale specified in subdivision (s) of California Civil Code Section 2923.52 applies and has been provided or the loan is exempt from the requirements. Date: 05/21/10, First American Title Insurance Company First American LoanStar Trustee Services LLC, 3 First American Way, Santa Ana, CA 92707 Original document signed by Authorized Agent, Chet Sconyers -FOR TRUSTEE'S SALE INFORMATION PLEASE CALL 530-672-3033. First American Loanstar Trustee Services LLC May be Acting as a Debt Collector Attempting to Collect a Debt. Any Information obtained may be used for that purpose. NPP0160148 Publish: 6/3, 6/10, 6/17/10 NOTICE OF TRUSTEE'S SALE TSG No.: 4373330 TS No.:

CA1000192672 FHA/VA/PMI No.: APN:054 -1718-030 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 10/13/93. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On June 16, 2010 at 12:00 PM, First American LoanStar Trustee Services LLC, as duly appointed Trustee under and pursuant to Deed of Trust recorded 10/27/93, as Instrument No. 93381105, in book , page , of Official Records in the Office of the County Recorder of ALAMEDA County, State of California. Executed by: STEPHEN M. PITTEL AND JOCELYN Q. PITTEL,. WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER'S CHECK/CASH EQUIVALENT or other form of payment authorized by 2924h(b), (Payable at time of sale in lawful money of the United States) At the Fallon Street emergency exit to the Alameda County Courthouse, 1225 Fallon St., Oakland, CA. All right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State described as: AS MORE FULLY DESCRIBED IN THE ABOVE MENTIONED DEED OF TRUST APN# 054 -1718-030.

The street address and other common designation, if any, of the real property described above is purported to be: 2222 DERBY STREET, BERKELEY, CA 94705. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $229,204.14. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the County where the real property is located.

The beneficiary or servicing agent declares that it has obtained from the Commissioner of Corporations a final or temporary order of exemption pursuant to California Civil Code Section 2923.53 that is current and valid on the date the Notice of Sale is filed and/or The timeframe for giving Notice of Sale specified in subdivision (s) of California Civil Code Section 2923.52 applies and has been provided or the loan is exempt from the requirements. Date: 05/19/10, First American Title Insurance Company First American LoanStar Trustee Services LLC, 3 First American Way, Santa Ana, CA 92707 Original document signed by Authorized Agent, Chet Sconyers -FOR TRUSTEE'S SALE INFORMATION PLEASE CALL 530-672-3033. First American Loanstar Trustee Services LLC May be Acting as a Debt Collector Attempting to Collect a Debt. Any Information obtained may be used for that purpose. NPP0159931 Publish: 5/27, 6/3, 6/10/10

=hgĂ?m fbll hnm hg `k^Zm ]bl\hngml ?bg] nl hg Likhne hk ib\d ni rhnkl Zm /)) >lae^fZg AZee mh]Zr' The PressPass is the Daily Calâ&#x20AC;&#x2122;s free discount card. You can use it all over =hgĂ?m fbll hnm hg `k^Zm ]bl\hngml =hgĂ?m fbll hnm hg `k^Zm ]bl\hngml Berkeley to save money. Come pick one up at our office, 600 Eshleman Hall.

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Thursday, June 10, 2010Â

ARTS & ENTERTAINMENT The Daily Californian

7

Orindaâ&#x20AC;&#x2122;s Cal Shakes Ambitiously Takes on Steinbeckâ&#x20AC;&#x2122;s â&#x20AC;&#x2DC;Pastures of Heavenâ&#x20AC;&#x2122; sees to it that every new resident in the pastures is welcomed. Through his neighborly visits, the audience is introduced to the colorful cast of characters.

Thereâ&#x20AC;&#x2122;s â&#x20AC;&#x153;Sharkâ&#x20AC;? Wicks (Rod Gnapp), here comes a moment in the lone businessman in a town of â&#x20AC;&#x153;Pastures of Heaven,â&#x20AC;? the new farmers, whose fortune is nothing more production at Orindaâ&#x20AC;&#x2122;s Califorthan a bunch of figures on paper. His nia Shakespeare story, reminiscent of Americaâ&#x20AC;&#x2122;s recent Theater, when Ma^ =Zber <Zeb_hkgbZg 3D<<H financial troubles, reads like a parable you realize about the instability of wealth built on that itâ&#x20AC;&#x2122;s not View pictures from numbers instead of actual production. going to be an Cal Shakesâ&#x20AC;&#x2122; â&#x20AC;&#x153;Pastures Pat Humbert, also played by Rod easy narrative Gnapp, is a young man still tortured of Heavenâ&#x20AC;? online. to follow. The by the memory of his deceased parents initial storyline, who sit upstage of him, covered in imagining a young farmer named Bill black veils. Their posthumous nagging Whiteside, evolves into a series of tanis incessant â&#x20AC;&#x201D; extremely aggravating gentially related little plots concerning for Pat, but hilarious to the audience. a number of characters, all of whom Like many scenes in â&#x20AC;&#x153;Pastures,â&#x20AC;? these call the â&#x20AC;&#x153;Pastures of Heaavenâ&#x20AC;? home. moments of morbid humor probably Those familiar with John Steinbeck appear funnier onstage than they will recognize the fractured narrative would have in print as the product of his impetuous touch, While one of â&#x20AC;&#x153;Pasturesâ&#x20AC;?â&#x20AC;&#x2122; best aspects which grants more care to character is its comedy, it usually comes in this than plot. Cal Shakes opens its season by taking on a big challenge in trying kind of dark context. Steinbeckâ&#x20AC;&#x2122;s to thread together each of Steinbeckâ&#x20AC;&#x2122;s stories are filled with often despairing sensitive and humorous stories, evokcharacters who endeavor to solve their ing the underlying mood that connects problems in ways that are half-cooked them all. and rarely successful, making them â&#x20AC;&#x153;Pastures of Heaven,â&#x20AC;? like other quixotic figures, equally deserving of works of Steinbeck, is essentially a admiration and laughter. series of vignettes concerning the Take Maria and Rosa Lopez, two sisresidents of the eponymous, fictional ters who open a Mexican cafe. Finding valley in Northern California. The plot that the men of the pastures are more jumps back and forth between generainterested in booties than burritos, they tions and stories, with a few characters turn the place into a whorehouse, recitremaining present throughout. ing their tale of rags to riches (and then One of the mainstays is Bert Munruin again, when they are busted by the roe, a farmer played by Charles Shaw police) through a mariachi song in one Robinson. An overall do-gooder, Bert of the showâ&#x20AC;&#x2122;s best sequences.

by Nick Moore Contributing Writer

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East of Eden. Inland from Berkeley, amid a Bard-filled season, Cal Shakes puts on Steinbeck with grace despite complex narrative.

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Story by story, â&#x20AC;&#x153;Pastures of Heavenâ&#x20AC;? is enjoyable, but seeing them one after the other is disorienting, especially considering the logistics. There are 37 official parts, plus some nameless extra roles, all played by an 11-person cast, which made it easy to confuse the characters. The stories change too quickly to make set changes possible, though

the actors do a nice job making due with the one setpiece â&#x20AC;&#x201D; the interior of a large house whose identity constantly shifts.

Adapting Steinbeck, especially a work as unfocused as â&#x20AC;&#x153;Pastures,â&#x20AC;? was a display of admirable ambition on the part of the Cal Shakes. Choosing to open their newly renovated theater and

grounds with such a challenging production seemed to make a statement: even though wine tasting and white hair will always be common sights at Cal Shakes, conservative productions will never be part of the setting.

Take BART to Orinda for Steinbeck with Nick at nmoore@dailycal.org.

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Arts& Entertainment

the daily Californian

6.10.2010

by Sam Stander Contributing Writer

Last Friday at the Berkeley Art Museum, the art installation known as the BAMscape was covered with people, all gazing upon what looked like yet another installation. A backdrop of black fabric draped the walls of AUDIO SLIDESHOW the east side of Gallery B, with five white conical structures towering Sam narrates photos of before it. Amid the fabric spires the Residents at BAM. stood the accoutrements of a small music ensemble, as yet unattended.

A modest, tasteful array, right?

As the chamber group filed into the makeshift performance space and the white cones were illuminated with various colors, it was hard to miss the fact that all seven performers were dressed more or less identically: Black suits with white bowties, tall white dunce caps like miniature replicas of the cones on the ground. Each performer’s face was obscured, with white lights seemingly perched on glasses, giving the effect of wide-set, glowing eyes. Most of the performers were wearing what appeared to be black stockings to cover their faces, though the singer was clearly wearing black face-paint.

A controversial choice — though possibly simply a reference

to a lyric from “Paint It, Black” that surfaced late in the show — but uncomfortable imagery is par for the course for this group of postmodern tricksters. These are the Residents, a profoundly influential avant-garde music and performance group that has made the Bay Area their home since their founding in the late ’60s.

The Residents traditionally appear clad in tuxedos and giant eyeball masks, though tradition is an odd word to apply to such irreverent artists. They are also all officially anonymous, communicating with the public through their business end, known as the Cryptic Corporation. One of Cryptic’s directors, Homer Flynn, who also does graphics for the Residents, spoke on their behalf in the week leading up to the show. He does not identify himself as a member of the Residents.

Explaining Friday’s lack of eyeballs and other vaudevillian antics, he said, “This is really going to focus almost exclusively on the music and — the piece is actually the story of a person who was a friend of one of the Residents back in high school.” This subject, named Sam, was a POW in Vietnam who passed away a few years ago.

The new piece, called “So Long Sam,” is an excerpt of a future, longer orchestral work called “Sam’s Enchanted Evening.” “None of the songs are original,” Flynn indicated.

“They’re partly telling (Sam’s story) with the songs that he

considered to be important in his life, and so they’re doing things like ‘Ode to Billy Joe’ or ‘Sixteen Tons’ or ‘Livin’ La Vida Loca.’” The supporting musicians on Friday, a group called the Convergents, helped the Residents test out their arrangements on a smaller scale.

The detourned popular song is a primary component of the Residents’ toolbox. Their discombobulated 1976 cover of “Satisfaction” makes the notorious Devo take on the Stones classic seem downright radio-ready. “So Long Sam” embraces that same spirit of mischievous reinterpretation. The gothic imagery of Bo Diddley’s “Who Do You Love?” seemed not so much slickly menacing as utterly terrifying in the distinctly Southern growl that the Residents’ vocalist adopted for the duration of the event. “Livin’ La Vida Loca” was perhaps the most striking song choice — the only song that narrator Sam can remember from “the last 20 years” — as it slid from a muttered delivery into the fiery demonstration of a revivalist preacher, with particular emphasis on the lyric, “Her lips are devil red.”

The vocalist — identified(!) in the program as Randy — narrated between songs, seemingly in character as Sam. Sometimes he indicated how a song related to his experience, whereas other numbers acted as intuitive illustration.

>> Residents: Page 4

Local Theater Group Mugwumpin Put On ‘Occurrence’ in San Francisco Motel

by Derek Sagehorn Contributing Writer

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here are more than a few things to be suspicious of while attending a performance

by San Francisco theater company Mugwumpin.

First of all: the name itself is strange, especially if you consider its roots in Gilded Age political history.

Secondly: the performance takes place in a San Francisco motel. But the icings on the creepy cake are the screams that emanate from said motel upon approach, assumed to be part of the previous performance,

hopefully. If any of this sounds confusing or weird, it’s a by-product rather than the aim of Mugwumpin’s latest piece, titled “Get This Go.” Most of the pre-performance strangeness of “Get This Go” subsides as the audience enters the motel. As a company member (tour guide might be a better moniker) explains, “There are three rooms open on the second floor. I will escort you there and from then on you will be free to enter each room, walk around and observe the performers. At the end of 30 minutes I will ask you to leave the scene and return to the first floor.”

With these sort of radical viewing instructions, a set that emphasizes both a freedom — storm the stage! — and a briefness — it’s over already?

— Mugwumpin eschews orthodoxy.

Upon entering the performance site, three narratives begin to develop albeit without much exposition. In the first room there is a young girl lounging on a bed, playing pop songs on a ukulele. Between strains of Johnny Cash, she chortles to herself all while being recorded by a fellow Mugwumper on a flip camera. However, this young girl’s playing suggests solitude, and she’s entertaining herself. The camera

man is somewhere between a performer and an audience member, and his function is to record the girl’s performance. Yet there is an aura around this observer that separates him from the rest of the audience. At times this man is far more interesting than the ukulele girl. It’s like watching a CNN crew film a field report: he’s recording the subject and we’re watching him do it.

Inside the second room, there is another cameraman but here the designated actors are much more compelling. A couple in bed dotes on one another until there’s a tiff about one of them smoking, whereupon

the woman storms out for a smoke break. All the while there is another actor in the room who has been recording the conversation. The woman is distraught over replays of the conversation, but can’t bring herself to words. The jilted man can’t get any answers from the mute but hints in his line of questioning that she’s some sort of stray that they’ve picked up somewhere.

The discomfort of a third wheel pales in comparison to the tension in the final room. Here there are five people jammed into a room, looking

>> GET: Page 4