California

Late local rocker Evan Farrell rhapsodized by Japonize Elephants in Bloomington, Ind.

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Postcard from Bloomington: Japonize Elephants perform at a tribute to Evan Farrell at Bluebird Nightclub on Jan. 20.

By Dina Maccabee

A lot of emotions have been pouring out during the last month over the loss of once-Oakland-based musician Evan Farrell. I’m not even sure if the details that have been circulating on the Internet about what happened on Dec. 21 – when the Oakland house where Farrell was staying caught fire – are correct. For me, and I think for everyone, there are bigger questions than how the blaze started – like what is death, anyway? And how do I sort out my empathy for Farrell and his family from my own selfish fears and anxieties about living a worthwhile life and, ultimately, ceasing to exist?

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Evan Farrell. Photo by Jeremy Baron.

I played with Farrell in the Japonize Elephants, which why I made the trip to Bloomington, Ind., a week or so ago to participate in the Jan. 20 memorial for him. The Elephants started out in Bloomington – and Farrell had moved back a few years ago after playing with Rogue Wave, among others – so for most of the band, the trip represented an almost overwhelming mixture of grief and nostalgia, a chance to reconnect with old friends and places under heartbreaking circumstances. I had a different perspective as a newcomer eager to discover the birthplace of this fearlessly bizarre, creative, close-knit group, whom I started playing with about three years ago in the Bay Area, hoping to offer some support and comfort to Farrell’s closest friends.

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Evan Farrell. Photo by Jeremy Baron.

While no one knew quite what to do in the aftermath of Farrell’s death, one thing that seemed obvious was to get together and play music. It felt a little wrong to be excited about playing an Elephants reunion show back in Bloomington, with band members arriving from California, Colorado, and New York – but without Farrell. You could say we were getting back together because he would have wanted us to. But, of course, really, we wanted to. How else to recapture some of the absurdity, spontaneity, mirth, and adrenaline that were Farrell’s trademarks, on and off stage?

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Evan Farrell in pink with Japonize Elephants.

Artist Peter Stegall plays the (color) fields at Triple Base Gallery

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Field day: Peter Stegall’s An Equal Playing Field (2007).

By Ava Jancar

Triple Base guest curator Dina Dusko has organized an exhibition that opposes what has become known as the “regular” programming of the space. For this show, she has brought in the work of an established artist, Peter Stegall, rather than spotlighting a recent graduate of California College of the Arts. It has been decades since Stegall graduated with his MA in art from Sacramento State. That said, in past years, his work has not had much exposure within San Francisco proper.

Stegall’s pieces – characterized by the hard-edged geometric forms common in paintings of the 1940s through ’60s – seem initially as though they too could have been the product of another decade. While the columnar elements of a John McLaughlin or a Barnett Newman and the sweeping curves of a Lorser Feitelson are present, Stegall’s paintings – although contemporary hybridizations of such mid-century masters – seem vastly different, experientially. While a vintage piece by Feitelson may appear cracked and aging, Stegall’s works glisten. The gloss enamel paint on the small Masonite panels lack the imperfections of time – bringing fleetingly to mind the glossy surfaces of John McCracken’s painted planks. In this respect, canonical references seem to break down, particularly when noticing the slightness of the panels themselves.

Averaging around 8 by 11 inches, the paintings do not emit an aura of grandeur similar to the works of his predecessors. Instead they seem like quiet studies in search of the beautiful. Stegall’s use of a small brush to paint the surface of the panels may also account for their quaint size. He fills in each field of color using the same size brush, therefore leaving the definite mark of his hand.

Serpentine

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› paulr@sfbg.com

If you didn’t know that Dogpatch’s newest glam restaurant, Serpentine, is the younger sibling of the Slow Club, would you guess? Signals are mixed, and your answer might depend on whether you concentrated your attention on the menus or the physical particulars of the related pair. On the latter point, we have a sort of local restaurant version of Wills and Harry, the British princelings beloved of paparazzi: a confounding blend of similarities and dissimilarities, evidence that could go either way. If you squint, you suspect a family likeness, but you know you’re not looking at twins.

The Slow Club has always struck me as a descendant — a noisy one — of speakeasies. (Is there such a thing as a speakloudly?) The look is low, velvety, and slightly secretive; there are few windows, and the spot lighting is spare. Serpentine, by contrast, soars like a cathedral in its old industrial site. Brick walls? Yes, it has them, punctuated with vast factory windows that face the west and the afternoon sun, but there is also an exposed ceiling of poured concrete laced with electrical conduits. This vault of open space, rising a full two stories above the dining-room floor, might be a considerable factor in swallowing up noise; Serpentine looks like it should be deafening, but it isn’t, even when full. It helps, in this respect, that the floors aren’t reflections of the ceiling but are of burnished wood, warming and elegant and not quite as cacophony producing as poured concrete. Also warming: the wealth of votive candles, several to a table, that lend the restaurant a sense of rustic intimacy. It’s as if a country inn had decided to squat in one of Charles Dickens’s abandoned blacking factories.

Not many country inns, on the other hand, whether in Dickens’s time or our own, have served food quite as good as Serpentine’s. California cuisine has gone from novelty to cliché to beyond cliché and back again, but at Serpentine it does what all good cooking should do: cause you to pause, to notice, to inquire. What is that, and how did they do that?

"Is this tomato soup?" my companion asked, jabbing a spoon into the creamy puree that had been set before me. And the correct answer was: no, not tomato but carrot ($7.50), and not even carrot with ginger or curry but just plain carrot, adorned only with a few fried sage leaves. The soup’s color was difficult to make out in the dim light, so on that basis alone I granted a pardon on the tomato-or-carrot question, but there was also an aromatic fruitiness I would never have associated with plain carrot soup.

Interesting and unexpected ingredients enhance the restaurant’s spell. I’d never heard of spigariello; I would have guessed it was some obscure pasta shape, but in fact (according to the well-schooled server) it’s a toothy green from the broccoli family, composed by chef Chris Kronner’s kitchen into a handsome salad — with crumblings of blue cheese, bread crumbs, and a pepper vinaigrette — that resembled a small holiday wreath.

The menu doesn’t force you toward big plates, and many of the smaller plates are sizable and rich enough to satisfy. A plate of lamb riblets ($11.50), for instance, featured about a half-dozen pieces of achingly tender meat still on the bone, and that was plenty, even allowing for some shameless raiding from across the table. The raider and I did agree that the seasoning palette — of pickled shallots, feta cheese, and mint salsa verde — was missing something. A hint of sweetness was needed, a splash of balsamic vinegar, maybe, or some interesting honey.

Meanwhile, we shared the savory bread pudding ($11.50 with an add-on heap of mesclun), a baked, caramelized delight of some scale that glowed gold in the candlelight and spoke of sustenance on a wintry night. The pudding was fortified with roasted butternut squash, buttermilk, and blue cheese — a sturdy and honest combination. And, for a bit of spice, peeled prawns on a bed of white grits ($10.50) were dressed with poblano pepper sauce, a demure-looking, muddy green puddle that really lit up the room on making contact with a human tongue. At least that was this human’s experience.

For those of us who use a caloric equivalent of zero-sum budgeting — i.e., each indulgence must be offset by a savings — Serpentine is a forgiving place to eat. On the one hand, there are subtle lightenings to be found in un-looked-for places; a nice example of this was a sandwich of roast turkey slices and sauerkraut on rye bread ($9.50) that amounted to a reduced-calorie Reuben and reminded us, yet again, of turkey’s many uses.

And, on the other, there are the desserts, which, like good poems, depend on concentrated effects rather than volume to establish their place in memory. A particularly noteworthy example might be the chocolate-hazelnut tart ($7.50), an almost fudgelike (and not too huge; about the circumference of a baseball) disk trimmed by a fluted pastry crust and dotted with hazelnuts. The tart (served with a scoop of chocolate ice cream from Bi-Rite Creamery) was like an upper-crust relative of a dark chocolate–with–nuts candy bar: a Snickers wrapped in buttery pastry.

The crowd is eclectic. We noticed plenty of young people, but more than a few older folks too, parenty types in the company of adult children. As an adult who once took his parents to the Slow Club only to watch them struggle with the noise, I looked on these entourages with an odd mix of remorse and approval, though more of the latter than the former. Serpentine: same great taste, less deafening.

SERPENTINE

Lunch: Mon.–Fri., 11:30 a.m.–2:30 p.m.

Dinner: Tues.–Sat., 6–10 p.m.

2495 Third St., SF

(415) 252-2000

www.serpentinesf.com

Full bar

AE/MC/V

Well-managed noise

Wheelchair accessible

Note: Serpentine observes a no-reservations policy

Snowed

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› le_chicken_farmer@yahoo.com

CHEAP EATS Bernie Jungle made me a frittata, then got the ladder out, and we went onto his roof to look at the chimney.

"It’s going to snow," I said.

He didn’t argue. Bernie did time in Cleveland, and he can feel when it’s going to snow as well as I can. He just moved to my neck of the woods from Oakland and now lives five minutes east of Occidental, in Sebastopol. I live five minutes west of Occidental, in Occidental. It’s complicated math, or cartography, but not as complicated as the meteorology of two aging Ohio punks on a Northern California rooftop knowing it’s going to snow. Even though, of course, it never snows here.

Except sometimes it does.

Anyway, we couldn’t figure out why his wood stove wouldn’t work, not even by standing on the roof with our hands in our pockets looking at the chimney and knowing it was going to snow. So we climbed back down the ladder. I thanked him for the frittata and headed home, stopping in town for a chicken so as not to have to kill one of my own. Because I’d be damned if I was going to let a rare Sonoma County snowstorm pass me by without lighting the grill.

I’m not sure how to explain why when it snows my thoughts turn to barbecue rather than snowballs, snowmen, or even hot chocolate. It’s complicated psychology. Another way of looking at it is that my thoughts are just stuck on barbecue, period, and always will be, no matter what the fuck — rain, snow, sleet, or hail, for example. I’m like a sexaholic, or the United States mail delivery system.

In which case I should have taken off Martin Luther King Jr. Day, but no. I stopped at the expensive little hippie grocery store in Occidental and bought me a chicken. When I went in it was raining, and when I came out it was snowing.

A young woman with a white face and the shakes was getting out of her car, saying to a young man with dreadlocks, "It’s a good thing I grew up in the Midwest."

"Why?" Dreadlocks asked.

The roads around here are steep and winding. And slick, even when they’re only wet. It couldn’t have been snowing for more than three minutes, but the streets were white. It was dumping. I clutched my chicken a little tighter to my chest and was glad I grew up in the Midwest too.

Five minutes later I arrived safe and sound at my little shack in the woods, and even though my elevation is 223 feet higher than town proper, there was no sign of snow. I hadn’t been home since the morning before. My chickens were glad to see their farmer and even gladder to see the little chicken-size bag in her hand.

"It’s going to snow," I said to them on my way into the shack, where it was in the low 40s. I could see my breath. "It’s going to snow," I said to Weirdo the Cat. "Maybe even in here."

It didn’t snow. I got a fire going inside, then I got a fire going outside, but it never did snow. Not even outside. I stood there in the woods, in the weather, with my arms outstretched, palms up, and my tongue out, like a little kid, pausing every 15 minutes or so to flip the chicken.

Which came out great, by the way, but no thanks to meteorological anomalies. The great blizzard of ’08 had lasted approximately five minutes, and the only casualties were a young Midwestern girl’s nerves and a middle-aged Midwestern girl’s $13.16. I would never have paid $2.99 per pound for a chicken if I didn’t think I was going to get to cook it in the snow!

On the other hand, now I can write it off on my taxes, like love and laser treatments and all the other expensive subjects Cheap Eats wrassles with. Rum, laptops, record albums. Soccer shoes, league dues. Boots. Bras. Train tickets … I reckon I might actually save money by spending it, and wish I could explain how.

It’s complicated economics.

My new favorite restaurant is Metro Kathmandu. A companion had just asked a provocative question: what was the strangest thing I’d ever buttered? I was carefully considering my answer while buttering my lamb curry burger and french fries ($10) when the waitressperson offered us a round of free mimosas. It was a January brunchtime-only promotion, so I guess it’s over. But still …

METRO KATHMANDU

Brunch: Sat.–Sun., 9:30 a.m .–2:30 p.m. Dinner: Tues.–Sun., 5:30–11 p.m.

311 Divisadero, SF

(415) 552-0903

Beer, wine, cocktails

MC/V

Home is where the art is

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Margaret Tedesco is often on the move. She’s created flip books, directed plays, narrated films — before neo-benshi events became popular locally — and put together art shows at roving venues in Southern California and San Francisco. Especially because of her curatorial experience connecting and moving between different art forms at sites such as New Langton Arts, it’s great to see Tedesco bringing the movement home, in more than one sense, at [2nd floor projects], a vital new artist-run space inside her Mission apartment.

SFBG What motivated you to start [2nd floor projects], and what do you like about it now?

MARGARET TEDESCO I’ve always enjoyed the surprise element. It’s been interesting to see my living space transform. You see the work and have an idea of how it might be, but its different when it arrives — when you step into the room. I have an ongoing relationship with this place. I’ve lived here for 12 years.

I get to act on my own volition now — I don’t need to check in with anybody. I’m not interested in art-world prerequisites. I’m a self-taught artist, and it feels very natural for me to create a space like this for people.

SFBG How have you selected the artists you have shown to date?

MT Some have been a part of group shows but never really had a [solo] presence. I’m not looking to be a dealer or looking for trends or to rep people. I want to put work out there and see what other people think. With George and Mike [Kuchar], for example, a number of people who’ve gone to the show knew they made paintings or drawings, but others were completely surprised. Some didn’t even know George has a brother!

The Kuchars are dear to my heart because film is a big part of my work. I’ve known of them for many years — I can’t even name the years — and have had the treat of seeing George every Friday while working at the San Francisco Art Institute. When I invited George, he’d just been asked by Bruce Hainley to do a show at Casey Kaplan in New York. I asked him whom he’d like to show with, and he told me his brother was moving back to town.

Running on empty

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› news@sfbg.com

The fourth floor of San Francisco’s City Hall feels remote. Dimly lit and strangely quiet, it conveys a sense of isolation from the powerful people who do their work in the lower levels of the building.

Here, in an unremarkable conference room, is where the San Francisco Peak Oil Preparedness Task Force is conducting its second meeting. Two of its officers are absent, and only one member of the public has turned up to participate. It is an atmosphere that belies the issue’s cataclysmic potential.

The day’s breaking news headlines of oil reaching $100 per barrel for the first time in history is perhaps a harbinger of things to come. One year earlier the price was $58 per barrel. This dramatic increase in such a short span would devastate economies around the world if it continued at anywhere close to that rate.

Chairperson Jeanne Rosenmeier, an articulate, contemplative woman, reiterates the task force’s purpose: "Our charge is to examine how the city is going to handle rising oil prices and possible shortages. That is what we have been asked to do."

The assessment seems like an understatement, perhaps suggesting that the group is merely looking for solutions to how the average citizen could function better without an automobile. Yet in a society built on oil, the consequences of such an energy crisis are likely to be far more sweeping and problematic than merely high gas prices.

While considering models for the study the task force will prepare, Rosenmeier points to Portland, Ore.’s recently completed peak oil report and talks about limiting San Francisco’s effort to outlining the range of scenarios, from small impacts to large. She’s reluctant to acknowledge the extralarge scenario — massive worldwide social unrest and full-scale anarchy in the streets of San Francisco — which she argues would be harmful to the group’s focus.

Jan Lundberg, the task force member in charge of "societal functioning," politely disagrees. Insightful and exuding a sort of deeply ingrained experience, Lundberg has a goatee and a big mane of blond hair that make him look like a Berkeley-ish version of billionaire Virgin CEO Richard Branson. The resemblance is strangely apt when you consider that Lundberg has defected from more lucrative ventures. His family’s business, the Lundberg Survey, has been one of the premier oil industry research authorities in the world for the past few decades, but today Lundberg is volunteering his time to the task force.

"You have to look honestly at what we are up against," Lundberg tells the Guardian. "Only then can you come up with intelligent responses to what is occurring. If it is a tsunami coming, then you take action for a tsunami."

It might come as news to most San Franciscans that a team of seven relatively unknown, politically appointed volunteers is hashing out the hard realities and dire implications of a potentially massive energy crisis. When the Board of Supervisors unanimously passed a resolution (with Sup. Michela Alioto-Pier absent) in April 2006 to acknowledge the looming phenomenon of the global oil supply being exceeded by demand, San Francisco was the first city in the country to do so. It was a precedent that received little attention from the media, perhaps shrugged off as just another wacky resolution steeped in San Francisco values.

For the next 10 months the task force will be preparing a study of mitigation measures to be considered by the city government for implementation into law. Much like the phenomenon of peak oil, their work will also be best assessed in hindsight. For now, some will see them as a team of Chicken Littles sketching a contingency plan for when the sky falls.

Yet if the scientific insights that compelled the Board of Supervisors to form the group prove prescient, then the report that the task force is producing may well be crucial to San Francisco’s very survival.

SLIPPERY SLOPE


Oil has acquired a bad reputation in recent years, as if the resource were not a fossil fuel found in the earth’s crust but a corrupt corporate tycoon spurring international conflicts and gleefully dismantling the ozone layer. Like addicts who blame the substance rather than the habit, we have come to forget that oil is one of the best resources the planet has offered.

"Oil is amazing stuff. The 20th century was basically founded on the wonders of petroleum," explains Richard Heinberg, a professor at New College of Santa Rosa and author of several books, including The Party’s Over: Oil, War and the Fate of Industrial Societies (New Society Publishers, 2003). "Oil is very energy dense and can be made into an amazing range of chemicals and products. Our entire way of life is soaked in petroleum," he says.

This point tends to get lost in the shuffle. It is often forgotten that more than just powering our cars, petroleum is deeply woven into the fabric of our daily lives. Adding up to a global consumption rate of about 86 million barrels per day, oil plays a starring role in agriculture, industry, infrastructure, and transportation. It heats our homes, paves our roads, and grows our food.

So what happens when the global demand for oil begins to outpace the supply? That’s the peak oil question.

"Peak oil is not theoretical. Everyone knows that oil is a nonrenewable resource," Heinberg explains, "so at some point our ability to continue increasing the supply will cease. Everyone knows that it will happen. It is just a matter of when."

Peak oil is inherently a geological concept, formulated by renowned geophysicist Marion King Hubbert. In 1956, as a researcher for Shell Oil, Hubbert presented his theory to the American Petroleum Institute, claiming that the oil output in the mainland United States would peak in the late 1960s or early ’70s. Though dismissed by his colleagues at the time, Hubbert was vindicated when US oil production peaked in 1970 and the nation became forever dependent on foreign sources of petroleum to meet its energy needs.

Hubbert had explained that the production of any petroleum reserve — a single oil well, a particular country, or even the entire planet — follows a similar bell-shaped curve (now referred to as the Hubbert curve). The logic is that as the supply is first tapped, there is a steady increase of oil output that ascends to a peak (or plateau), which represents the maximum amount of oil that will ever be produced from the designated source. As production descends the other side of the curve, the supply is not exhausted, but future yields will always be lower and more expensive to obtain.

For the past 10 years — as the price of crude oil has gone from $12 to $100 per barrel on the world market — scientists, geologists, petroleum experts, and concerned citizens have increasingly pondered the point at which the global oil supply will not only begin to wane but fail to keep up with surging demand.

Proponents of preparing for the impending peak in worldwide petroleum output often cite the steady decline of major oil field discoveries since the 1960s and the alarming number of oil-producing countries that have already hit their peaks. Considering the widespread role petroleum plays in the general day-to-day functioning of our society, an impending decline in overall global production is — to put it mildly — severely worrying.

"People assume that the other side of the peak will be an orderly transition," Lundberg tells us, "but we have no other experience to compare it to."

In 2005 the United States Department of Energy completed a study it had commissioned on the topic of worldwide petroleum depletion titled Peaking of World Oil Production: Impacts, Mitigation, and Risk Management. Popularly known as the Hirsch Report (for principal author Robert Hirsch), the study consulted a wide range of scientific and oil industry experts.

It painted a startling portrait: "The peaking of world oil production presents the U.S. and the world with an unprecedented risk management problem. As peaking is approached, liquid fuel prices and price volatility will increase dramatically, and, without timely mitigation, the economic, social, and political costs will be unprecedented. Viable mitigation options exist on both the supply and demand sides, but to have substantial impact, they must be initiated more than a decade in advance of peaking."

"It is one of the most important government reports of the last half century," Heinberg explains, "because it clearly indicates that this global event of peak oil is going to change everything."

Unfortunately, the Hirsch Report has been mostly ignored by Congress, the George W. Bush administration, and the DOE itself (which did not even publish the study for more than a year after its completion). However, the most troublesome aspect of the report is the fact that a sizable selection of the scientists and activists concerned with the topic believe that we’ve already hit the peak. They believe peak oil is happening right now.

PITCHING THE PEAK


"Most people in this country are energy illiterate," David Fridley says. "We can’t substitute millions of years of fossil fuels with something that we can manufacture in a factory, like biofuels. So most people don’t get this sense of anxiety about the situation we’re in."

Fridley knows a fair amount about energy. Currently a staff scientist leading the China Energy Group of the Lawrence Berkeley National Laboratory, he has spent a large portion of his career working in the Asian oil industry. His deep concern over the implications of peak oil incited him to play a key role in the formation of San Francisco’s task force.

"Having spent a year just thinking about this on my own," Fridley tells us, "and everyone around me telling me I was nuts, I decided to join a local group where I could at least meet up with others and see if we might educate people rather than just talking amongst ourselves."

In 2005, Fridley met Dennis Brumm — a veteran San Francisco activist with an address book containing an A-list of the city’s prime political players — who was looking to raise the city’s awareness of the issue.

Together with local activists Jennifer Bresee and Allyse Heartwell, they set their sights on bringing the issue of peak oil before the Board of Supervisors.

"Tommi Avicolli Mecca of the Housing Rights Committee is a friend of mine," Brumm explains, "so I invited him over to my house one night and had him discuss with us the personalities and quirks of the supervisors and their aides."

Having charted the terrain, Brumm’s small group soon began spending its Thursdays and Fridays for the next six months lobbying the supervisors at City Hall. When technical questions were asked, the group referred to Fridley’s decades-long experience in the industry for expert scientific analysis.

In April 2006, with backing from District 5 Sup. Ross Mirkarimi and District 1 Sup. Jake McGoldrick, the board passed Resolution Number 224, recognizing "the challenge of Peak Oil and the need for San Francisco to prepare a plan of response and preparation."

For Fridley, the resolution and the formation of the task force were matters of appropriate preparation. "We have two oil tankers come under the Golden Gate every day to fill up the local refinery tanks to produce the fuels that keep the Bay Area running," he says. "What would happen if those tankers don’t come in? Or they don’t come for a week? The city has no plan for that, but we have the ability to be better prepared."

HALF EMPTY OR HALF FULL?


When discussing the phenomenon of peak oil, Lundberg prefers to use the term petro collapse. It is a turn of phrase that quickly provides insight into his considerable sense of alarm for the days ahead.

"It is going to be a globally historic event," Lundberg says. "Imagine a nationwide version of [Hurricane] Katrina."

Although ominous in its predictions, Lundberg’s perspective is based on a long road of experience. While he ran the Lundberg Survey with his father in the 1970s, their widely read insider journal for the oil industry predicted the second great oil shock of the decade (in 1979). In the mid-1980s he moved on from the family business to form the Sustainable Energy Institute nonprofit in Washington DC, a move USA Today marked with the headline "Lundberg Goes Green."

As suggested by the title of the online magazine he currently edits — Culture Change — Lundberg has come to view the peak oil phenomenon as being primarily an issue of the American consumer lifestyle.

"We have this crazy way of life based on limited resources that are clearly becoming constrained," he says, "and we’re holding on to yesterday’s affluence without realizing that we have already walked off the cliff."

Chairperson Rosenmeier, one of Lundberg’s colleagues on the task force, is wary that such an explicitly bleak viewpoint may scare public attention away from the matter.

"You have to be careful with peak oil that you don’t immediately leap to ‘We’re all doomed and our economy is doomed,’<0x2009>" she says. "I think there is an intermediate phase, which is what we are being asked to address: the transition from business as usual."

An accountant by trade and a longtime Green Party activist, Rosenmeier ran for state treasurer in 2002, garnering about 350,000 votes. Setting an ambitious pace for her contribution to the report, she recently met with the Mayor’s Office of Economic and Workforce Development to request an analysis of how oil prices are related to the orientation of San Francisco’s economy. For this reason, she appears less concerned with predictions than with producing a heavily researched and well-structured report.

"I have a very strong vision of what I want the report to look like," Rosenmeier says. "I want us to have a uniformity and a more quantitative approach. I do not want to address the disintegration of our society."

The disparity between the views of Lundberg and Rosenmeier reflects the vast spectrum of opinions on how peak oil will manifest, although the extremes go well beyond them: some call peak oil a liberal hoax, while others have converted all of their assets to gold and prepared well-stocked and well-armed bunkers where they can ride out the social and economic storm.

The Web site LifeAfterTheOilCrash.net is now getting as many as 23,000 hits per day. Creator Matt Savinar, a graduate of the University of California Hastings College of the Law, abandoned his law career as a futile concern when compared to the implications of peak oil.

"It is pretty simple," Savinar tells us. "What do you think is going to happen when the oil-exporting countries like Russia, Venezuela, and Iran say, ‘We cannot export any more because we need to keep it for our own people’? The US will react by starting a war."

Although Savinar gravitates toward the most drastic of peak oil’s potential implications, his concerns are shared by some high-profile figures. Rep. Roscoe Bartlett (R-Md.), who has started the small but significant Peak Oil Caucus in Congress, has quoted Savinar’s work in congressional session, while billionaire Richard Rainwater told Fortune magazine he regularly reads Savinar’s site.

Pessimistic about the prospect of mitigating the effects of peak oil, Savinar characterizes the efforts of the San Francisco Peak Oil Preparedness Task Force as "throwing a wet rag at a forest fire." In swinging to the opposite end of the spectrum, the vast chasm between opinions on the matter manifests more clearly. Peter Jackson, the senior director of oil industry activity for the Cambridge Energy Research Associates, recently published the results of an in-depth analysis of more than 800 oil fields worldwide, concluding that the declining output rate of established fields is about half as low as originally expected.

"I think the danger of a peak [in global oil production] in the short term is minimal," Jackson tells the Guardian. "I think there are plenty of new developments on the books of oil companies, and the prospects for growth are good."

While Jackson acknowledges that at some point in the future it will be difficult to increase production, his optimistic viewpoint of the current situation helps to flesh out the dynamics of the overall discussion. As Heinberg explains it, "The debate really is between the near-peak and the far-peak viewpoints."

Yet even as Jackson attracts the ire of near-peak proponents such as Heinberg, he still acknowledges the need for swift preparation efforts. "There is still time to think about these issues and plan for the future," Jackson says. "But the sooner we do that the better."

EATING OIL, GROWING FUEL


Toward the end of the task force’s most recent meeting, the group discusses the city’s potential options for producing its own food supply. As Lundberg points out some of the particulars for pulling up pavement to plant crops, the exchange seems like an excerpt from Ernest Callenbach’s novel Ecotopia (Bantam, 1990).

"Streets cannot be pulled up as easily as driveways or parking lots," Lundberg explains. "There is soil immediately below a concrete driveway, whereas the earth beneath a street is much farther down."

This talk of tearing up asphalt to transform the city’s urban landscape into a viable agricultural venture may seem strange, until one considers how overreliant modern agribusiness has become on cheap fossil fuels.

"About one-fifth of all the petroleum we use goes into some part of our agriculture system," explains Jason Mark, the task force member focusing on the city’s food supply. "Whether that is through transportation and shipping, tractors and farm machinery, or the making of synthetic fertilizers and pesticides — it all demands oil."

Mark notes that the average American meal travels an estimated 1,500 miles from the farm to the dinner table, a startling figure that can be partly attributed to federal policies like the North American Free Trade Agreement that have encouraged export crops rather than diversified farming for local consumption.

"There is no way that San Francisco is going to feed itself in the short term," Rosenmeier says. "Food is going to be a gigantic issue."

In a larger sense, it already is. This past December the Food and Agricultural Organization of the United Nations urged governments to take immediate steps to mitigate "dramatic food price increases" worldwide. Meanwhile, a recent cover story in the New York Times ("A New, Global Quandry: Costly Fuel Means Costly Calories," 1/19/08) cited "food riots" in more than half a dozen countries and asserted, "Soaring fuel prices have altered the equation for growing food and transporting it around the world."

In the US, the Department of Labor’s Consumer Price Index cited a 5.6 percent increase of national grocery store prices in 2007, echoing sizable domestic price spikes in milk, corn, and wheat supplies.

"In a situation where you have sharp increases in the price of fossil fuels, you are going to see spikes in the costs and perhaps even the availability of food," explains Jason Mark, a former employee of Global Exchange and a graduate of the University of California at Santa Cruz’s renowned ecological horticulture program.

Mark now splits his time between editing the environmental quarterly Earth Island Journal and comanaging Alemany Farms. In his task force research, Mark plans to focus on two key challenges: increasing food production within San Francisco and improving both production in and distribution from the farms in the Bay Area.

"The city is pretty lucky because we are surrounded by all of this incredibly productive agricultural land," Mark explains. "If you were to draw a 100-mile radius around Potrero Hill, you could still have a pretty amazing diet."

Of course, the situation is far from simplistic. Climate change has proven to be a wild card in the equation, periodically negating dependable food supplies. Most recently, the entire Australian wheat crop collapsed due to a massive drought, affecting food imports around the world.

Less noticeable, though equally problematic, is the strain that biofuels are putting on food supplies. As increases in oil prices are stimuutf8g demands for alternatives, governments must decide whether crops should be used as food or fuel.

"Increasing our production of ethanol or biodiesel means direct competition with the food supply," Heinberg says. "In other words, we may see millions of people around the world going hungry so that a small percentage of the population can continue to drive their cars."

While such factors translate into a predicament as delicate as it is complex, Mark manages to elude pessimism. "I’m not one of these apocalyptic fetishists inciting for some sort of Mad Max scenario," he explains. "[The task force] is going to come out with a document that, although cautionary in scope, will be really optimistic about how SF can exist as an oil-free city."

GLOBAL WARNING


Amid a vast disparity of opinions from scientists and industry experts expounding both sides of the debate, the San Francisco Peak Oil Preparedness Task Force plans to release its final report in October.

As with the issue of climate change almost two decades ago, the task force members face a long climb toward making an impression on an American population that has shown considerable reluctance to alter its lifestyles.

And while the deliberation over the onset of peak oil is likely to see little decline among skyrocketing energy costs and increasing geopolitical hostilities, the underlying truth may already be far less complicated.

"The era of cheap oil is over," Lundberg says. "Period." *

The next meeting of the San Francisco Peak Oil Preparedness Task Force will be on Feb. 5 at 3 p.m. in room 421 of City Hall, 1 Dr. Carlton B. Goodlett Place, SF. Members of the public are strongly encouraged to attend.

————————————————————–

OIL ALTERNATIVES

In the event of sudden petroleum shortages, how do the alternatives stack up?

Ethanol: The Republican choice for weaning the nation off oil is a lucrative venture for red state constituents in the Midwest. However, the drawbacks are numerous. Corn ethanol requires almost as much oil energy to produce as it is meant to replace. Furthermore, it will require 4.8 billion — yes, billion — acres of corn to match the world’s current rate of annual oil consumption.

Hydrogen fuel cells: Touted by conservatives as some kind of miracle fuel because its tailpipe by-product is simply water vapor, hydrogen is a long way from being a viable fuel for cars, if that’s even possible. It takes even more energy to produce than ethanol and can explode in collisions.

Nuclear: Expensive and unpopular, nuclear power faces numerous logistical hurdles (particularly safety and long-term waste storage) that make it infeasible in the short and middle terms.

Natural gas: A major source of current United States energy consumption (25 percent nationally), natural gas is extremely difficult to ship, making importation from far-off sources impractical. Its supplies are running low in the US, and this nonrenewable fossil fuel is likely to parallel oil in its decline.

Wind: This clean power source is being quickly developed around the world as a major generator of electricity. Currently in the US, it accounts for about 1 percent of domestic electricity production, so offsetting the loss of fossil fuel plants would require a massive commitment. Downsides include the danger to migrating birds and the fact that sometimes the wind doesn’t blow.

Solar: This is Marion King Hubbert’s choice for replacing fossil fuels. It is a renewable generator of electricity, yet the shortcomings so far have been with finding more efficient and less toxic battery technology to store it. But improving research and strong consumer demand for solar panels point to a promising future.

Bring back the car tax

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EDITORIAL Assemblymember Mark Leno has shared with us some numbers from the legislature’s budget office, and they’re pretty compelling. Of the $14.5 billion shortfall the governor says we’ll see in the next 18 months, a full $9.36 billion — 65 percent — comes from exactly one source. That’s Gov. Arnold Schwarzenegger’s political decision to get rid of the state’s motor vehicle license fee. He calls it the car tax.

It’s crazy: for years the people of California paid the fee, which used to be 2 percent of the car’s value, to register their cars. It’s not a perfect tax, but it’s not a terrible one — people with expensive cars pay more — and it brought in a huge amount of money. When Schwarzenegger ran for office he promised to get rid of it, and that’s one of the first things he did after he was elected — but he never explained how the state was going to cover the cost.

California hasn’t been overspending on education and parks. It hasn’t been wasting huge amounts of money on social services or sending too much to cities. The state was already living on a rather modest budget. And then along came the recession, the huge interest payments ($2 billion) on the governor’s recent bail-out bonds, and the elimination of the vehicle license fee, and suddenly, there’s a massive budget shortfall.

The legislature’s pretty hamstrung here: Leno and some others will try, and try mightily, to bring in some new money, but it takes two-thirds of the State Assembly and the State Senate to pass a budget, and the Republicans, who have sworn on Ronald Reagan’s grave never to raise taxes, control more than a third of each house. And everyone, even the liberal Democrats, agrees that if you take a poll, the vast majority of Californians will oppose reinstating the dreaded "car tax."

But if you asked the question right — "Would you pay $200 per year to save public education, parks, and health services in California?" — you might get a better answer. This needs to be a massive, statewide campaign and education program — because unless we can turn around sentiment on the vehicle license fee, the next few years are going to be very, very ugly

Editor’s Notes

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When the political consultants get their focus groups and test the slogans that will guide political policy in California, the one that comes out near the top all the time is "living within our means." That’s why Gov. Arnold Schwarzenegger used the line (as many of his predecessors have done) to try to make his brutal, bloody budget cuts sound eminently reasonable. The hardworking taxpayers of this state have to live within their means, right? They can’t spend more money than they have. So when the state comes up short, the governor and the legislature just have to do what’s necessary to make payment due balance with accounts received.

But it’s a misleading metaphor.

Imagine you’re working at a full-time job, just barely managing to cover the bills, and all of a sudden, through no fault of your own, your boss decides to cut your pay by 15 percent. Life wasn’t exactly easy before; now it really sucks. Now the essentials are at risk — you can’t pay the rent and put food on the table and buy clothes for your kids without going into debt. And sure, you can borrow for a while and run up the credit cards, but it won’t work in the long term and will wind up costing you a lot more.

And your boss smiles and tells you to live within your means.

This is what’s happened to California. The people who operate the public services (schools, parks, hospitals, etc.) that we all depend on just saw their income cut radically. The state already tried borrowing, but the interest alone is going to cost $2 billion this year; California, like so many Californians, is having trouble with its debt load.

So what would your typical breadwinner try to do? Well, he or she would complain about the pay cut and fight to get that money back, look for another job, possibly moonlight…. In other words, those hardworking taxpayers would try hard to find a revenue-side solution. For the state, that means raising taxes. Focus-group that one, Mr. Governor.

Car Feebates! Brilliant!

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The California State Assembly is expected to vote this week on a plan to give rebates to people who buy little, awesome, eco-happy cars and tax the folks with Napoleon complexes.

The California Clean Car Discount Act would hit the gas drunks with a $2,500 fee at time of purchase, while smaller, more fuel-efficient car buyers would get a rebate for their smart shopping.

Last year a similar bill was stopped due to intense lobbying by auto dealers of a septet of wimpy LA Democrats who ultimately abstained from voting. The LA Times ran a good piece on the bill today, with some hilariously stupid quotes from folks opposing it. For example: “What if some poor guy in Watts retires and says, ‘I want an SUV,’ ” Dymally said. “Do you punish him for that?”

Um, yeah. Precisely.

If passed, the new law could put a big dent in our greenhouse gas emissions, 40 percent of which come from vehicles. Now all we need is massive tax write-offs for people who don’t own cars at all.

Obama rising

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Barack Obama still trails Hillary Clinton in polling from delegate-rich California, but Obama seems to have enough momentum on his side to perhaps win it. After decisively winning South Carolina and taking a principled stand in favor of letting illegal immigrants obtain driver’s licenses (which is both good policy and good politics in courting the state’s Latino vote), Obama will surely get a bump from Sen. Ted Kennedy not only endorsing him, but naming him the inheritor of JFK’s legacy. “It’s time for a new generation of leadership. It’s time for Barack Obama,” Kennedy said in a fiery speech (one that even reportedly bowled over Nancy Pelosi) that was followed by an equally strong Obama speech.

Also worth watching is Obama’s response the President Bush’s State of the Union speech:

SPORTS: The return of C-Web is a bad idea

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By A.J. Hayes

Thomas Wolfe may have been exaggerating when he wrote “You Can’t Go Home Again.” But in the case of basketball player Chris Webber that phrase should be taken as gospel.

webber.jpg
Chris Webber, earlier

Especially when it comes to a possible return to the Warriors, Webber’s initial NBA club. When Webber forced his way off the Warriors in the fall of 1994, he just didn’t leave the franchise and team’s dedicated fan base in the lurch. He dumped a gallon of gasoline on the shag carpet and lit a match.

But here we are more than a dozen years later and there is serious talk of a Warriors and Webber reunion. But before the Warriors make that move we implore Golden State to take Amy Winehouse’s advice and say “No, No, No.”

The current Warriors, with Baron Davis and Stephen Jackson leading a “shoot-and-ask-questions-later” barrage are currently the most entertaining and only winning pro sports team in Northern California. But today’s W’s still have a ways to go in matching the excitement level generated by the Warriors clubs of the late 1980s and early 1990s.

Led by fish-tie-wearing Coach Don Nelson in his first tenure as Warriors coach, those Warriors reinvented NBA basketball in the Bay Area. Led by Timmy Hardaway, Mitch Richmond and Chris Mullin (AKA Run-TMC), those Warriors clubs put on awesome scoring displays every time they took the hardwood, selling out the Coliseum Arena on a nightly basis and winning a couple of league scoring titles in the process.

Warrior’s fans ate it up like popcorn, or more accurately free pizza, which they won every time Golden State scored 120 or points in a game, which was frequently.

Despite a high entertainment value, the Warriors of those days lacked the presence of a great big man to move them deep into the playoffs. But that all changed in 1993 when the Warriors managed to draft Webber, the collegiate superstar who led Michigan to the NCAA championship game in ’93.

No hallucinations, just celebrations

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The Green Fairy makes an appearance at Absinthe after ten successful years

By Colleen McCaffrey

absinthe_home_12006.png

Anyone with a ringed finger to prove it knows that a 10-year anniversary calls for something stronger than a bit of bubbly. So it is quite fitting that Absinthe Brassiere and Bar celebrates theirs with the recent legalization of its namesake. Two distillers of the infamous “green fairy” are now available, Lucid and Kübler, but at more than 120 proof don’t expect it lit on fire, in spite of the myth.

In the revolving door restaurant industry of San Francisco, a decade is the Manhattan of anniversaries- not quite the history of a 25-year scotch, but certainly not for the faint of heart. With a handful of traditional menu items like the French onion soup and Sazerac cocktail rolling back to their 1998 prices, Absinthe’s sommelier, Aaron Glossman, quips, “too bad rent can’t do the same.” As an employee at the Hayes Valley hotspot I have to agree, but eating like it is comes in a close second. Vintage wines will be available in honor of the festivities, including a ’98 Chateau Gruaud Larose, Bordeaux ($34/glass.) The celebration lasts until the first of February.

Ten years are honorable and this last has been quite impressionable. Absinthe may be celebrating an anniversary but the current success of new executive chef Jamie Lauren has brought anything but nostalgia. The 2005 Chronicle Rising Star may have stepped into the shadows of a notorious bar, but her rustic blend of California and Mediterranean style dishes give clear indication that she has no intention of staying there.

398 Hayes at Gough, SF, (415) 551-1590, www.absinthe.com

ACTION ALERT: Take TURN’s Outage Survey!

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TURN Outage Survey

California was recently walloped by big storms that knocked out power to many customers. TURN would like to know how you were affected by the power outages. When electrical power goes out, certain kinds of phone services are sometimes knocked out, as well. By completing this survey, you’ll help us get a good understanding of the impacts of storms and other disasters on electricity and phone service. Did you lose power? Did you lose phone service? Did the phone keep working when the power was out?

Take our survey now:
http://www.turn.org/form.php?id=53

Video Mutants: Booby call

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› kimberly@sfbg.com

SONIC REDUCER Who can bring together cast-off crocheted critters and KISS? Early ’70s Ann Arbor, Mich., art noise and the Whitney Biennial? Vampires toiling in cubicles and Sonic Youth’s 1992 album Dirty (DGC)? Mike Kelley, man, can.

Ouch — the allusions get bumpy after almost three hours of mind-altering video candy. The medium may be the favored art material of the moment, but it’s only one weapon at the disposal of the cofounder of Destroy All Monsters — the Stooges’ weirder kissing cousins — and the Dirty cover artist. Kelley’s work can be found in major museum collections around the world, and he’s collaborated on video pieces with artists like Paul McCarthy in the past, but Day Is Done, which screens Jan. 31 at the Yerba Buena Center for the Arts, is his first feature, revamped as a narrative-ish stream from the installation version shown in 2005 at Gagosian Gallery in New York City.

Religious icons, ’80s modern dancers, lousy Nazi rappers, bad comedians, and spacey witches and vampires dance, sing, and hold forth throughout the video musical’s 32 chapters, augmented by a Kelley-written soundtrack that encompasses gospel and techno, light pop and monkish drone. Say I’m lost in pop idolatry, but the most wonderfully bizarre moment in this lengthy bizarre wonder arrives during a painful singles mixer furnished with irksome chair-desks as the differences among the assembled women — two African Americans, a white lost Hee Haw extra, a rocker in full KISS makeup, and a gloomy witch — are highlighted by portraits of their respective all-American idols: Kobe Bryant, R. Kelly, Garth Brooks, Gene Simmons, and Brandon Lee, all painted with clunky, thrift store–style passion. After getting an, erm, tongue lashing from the KISS girl for nattering about the largeness of some big stuffed bananas, the hick chick is forced to defend her painting of Brooks staring at a bare breast (in reality painted by Kelley). "But it ain’t even my tit — it’s my momma’s," the backwoods boob protests as the KISS fan sneers with all of Detroit Rock City’s blood-spitting wrath. "Gosh, I hope Garth don’t go for my momma and not for me!"

The rejoinder "That bitch is nuts!" might be a punch line to a half-cocked sitcom, but it’s also the perfect response to the old biddy dressing down a would-be school pageant Madonna for her posture or the blood-drenched hawker of a putf8um MasterCard that supports the "educational complex" — or any other denizen of Kelley’s jet-black-humored, bleakly antic fun house.

Looking back at the video now, however, Kelley can still picture changes to Day Is Done — each chapter a live-action re-creation of an extracurricular activity photo culled from a high school yearbook. For instance, the many students and office workers dressed as depressed vampires and gleeful witches seem a bit too trendy today, even for a man with a taste for monsters. "If I thought about it more, I would have done something less … au courant, I guess," Kelley drawls over the phone from his Los Angeles home. Does he still glimpse kids in full goth regalia? A heavy sigh, then, "Yeah. Also, it’s kind of gone into the art world. A lot of gothy art is being made."

A self-described "maximalist" who has made noise for years as part of Destroy All Monsters — a forerunner of experimentalists here and abroad — and later on his own, the man once pegged as a major proponent of installation-oriented "clusterfuck aesthetics" is clearly driven to strike out in fresh directions all the time. Day Is Done, for example, emerged from his work with repressed memories and his Educational Complex sculpture, a model of every school the Detroit native ever attended, with, he says, "all the parts I couldn’t remember left blank." The original idea for the video — shot over a few weeks in 2005 at an LA park, Kelley’s studio, and his alma mater, California Institute of the Arts — was to "fill in the blanks with screen memory."

"Also because this show was in New York, I thought doing something with a Broadway overtone would be funny because that’s something cultured New Yorkers are embarrassed about!" Kelley says, laughing.

Kelley is obviously still eager to venture into unexamined office parks of discomfort, provoking his viewers by pushing them into the dead spaces that fill the back lots of corporate break rooms and school yards. The artist’s well-known stuffed-animal works similarly evolved from an unspoken exchange with his audience. "When I first starting using that stuff, I was only working with things that were handmade, and it didn’t matter to me what they were — I was more interested in the idea of love and labor," Kelley explains. "But people were really, really fixated on the dolls, and I realized there’s a great kind of empathy for them, and also I realized that much of that empathy had to do with this kind of rise and fixation on child abuse and that whole victim culture that was coming up in the ’80s."

Shortly after one of those discarded dolls popped up on the cover of Dirty, Kelley, bandmate Cary Loren, SY’s Thurston Moore, and critic Byron Coley put together the 1994 three-CD retrospective Destroy All Monsters: 1974–1976 for Moore’s Ecstatic Peace! label to document the original lineup’s work before the arrival of the Stooges’ Ron Asheton and the MC5’s Michael Davis in the band. The founding group re-formed, while Kelley has continued to work sound components into his artwork and make and release music on his Compound Annex imprint.

Has music video ever been part of Kelley’s Wagnerian compendium of interests? "I’ve never been asked!" he says. "I don’t think I would do one for myself — who would show it? It’ll just be another thing that sits in a box in storage, like all my records." Still, his freshly edited feature might work. "It generated a tremendous amount of music," the artist muses. "In a sense, Day Is Done is one giant music video." *

DAY IS DONE

Jan. 31, 7:30 p.m., $6–<\d>$8

Yerba Buena Center for the Arts

701 Mission, SF

www.ybca.org

www.mikekelley.com

Guardian vs. SF Weekly

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It’s extraordinary how the SF Weekly can take a clear legal defeat and try to turn it into a victory.

On Jan. 17 the judge in the Guardian‘s lawsuit against the SF Weekly and its parent corporation refused to bar the Guardian‘s key expert witness from testifying. The ruling was a clear victory for the Guardian — the Weekly had tried desperately to keep accountant and economic expert Clifford Kupperberg from taking the stand to present evidence of how much the Weekly‘s predatory pricing has damaged the Guardian.

And yet the Weekly‘s Snitch blog trumpets the ruling as "The SF Bay Guardian‘s Shakedown Hits a Snag," arguing that Kupperberg had somehow repudiated his own testimony.

The Guardian is suing the SF Weekly and Village Voice Media, formerly known as New Times, for predatory pricing in violation of California business law. The suit charges that the Weekly, with cash support from the 16-paper chain, sold ads below cost for many years in an effort to harm the locally owned competitor.

The trial got under way last week with early motions on the evidence. Here’s what actually happened in Superior Court Judge Marla Miller’s courtroom Jan. 16 and 17:

Kupperberg, following well-established standards, had developed two scenarios to explain how much the Guardian has lost due to the Weekly‘s practice of selling ads below cost. One of the scenarios uses data from members of the Association of Alternative Newsweeklies, information that the papers share with one another once a year to establish industry financial benchmarks.

The SF Weekly‘s lawyers argued that part of the data — the material from the AAN — wasn’t reliable, so Kupperberg agreed to use his other standard (including New Times’ own figures in 17 different markets) instead. He also added data from two other Bay Area alternative papers and from local retail sales statistics to buttress his conclusions. His data suggest damages of $5 million to $10 million.

After the SF Weekly lawyers argued for hours that Kupperberg be disqualified, Judge Miller ruled clearly and unequivocally against them. Kupperberg will be able to testify, and his damage estimates will be admissible.

That’s a big victory for the Guardian.

And while the Weekly lawyers demanded extra time and sought to delay once again a case that’s been in the works for more than three years, Miller moved forward and started the jury selection process Jan. 17.

If this is how the SF Weekly and the VVM folks from Phoenix are going to cover the trial, we’re going to have to spend a lot of time correcting the record, although we’d prefer to simply let the case speak for itself.

Car trouble

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› news@sfbg.com

A lawsuit alleging that seven major rental car companies have been illegally colluding to fix prices has become a campaign issue in the State Senate race between incumbent Carole Migden and Assemblymember Mark Leno.

The suit was filed by the University of San Diego School of Law’s Center for Public Interest Law and alleges that Hertz, Avis, Dollar, National, Thrifty, Alamo, and Enterprise took advantage of Assembly Bill 2592, sponsored by Leno, to charge consumers more and essentially blame the increase on the state.

The bill was created in the final days of the 2006 legislative session at the request of the rental car companies and the California Travel and Tourism Commission. It allowed the companies to list for consumers the 9 percent concession fee paid to airports (which they had been required to bundle into their listed rates) in exchange for paying $24 million annually, or about 2.5 percent of revenues, to the commission, replacing the state’s $6.7 million contribution to the organization that promotes tourism to the state.

But the lawsuit alleges the companies simply increased their rates by that 11.5 percent, pocketing the profits while indicating to customers that the money was going to the commission and to the airports. And the fact that they all did so is, the lawsuit charges, evidence of illegal collusion.

So this month Migden offered her own legislation to undo the change, highlighting the lawsuit and Leno’s legislation in the process. Senate Bill 1057 would also require rental car companies to provide a certified audit specifying how much extra money consumers were charged since AB 2592 went into effect.

"This law needs to be fixed before more consumers lose their hard-earned money to overcharging by unethical car rental firms," Migden said in a press release.

For his part, Leno notes that Migden and most legislators supported his bill, which he vetted through the Consumers Union, a group that was ultimately neutral on it. He said the bill provides greater transparency to consumers, so much so that it makes the apparent collusion obvious. "If [rental car companies] want to collude, they should do it without the 2592 on them," Leno said, adding, "If there’s any funny business going on, let’s crack the whip."

As for Midgen’s role in cleaning up the situation, Leno said, "If I weren’t running for the senate, this would be of no interest to her whatsoever. This is pure politics."

Leno concedes that it was representatives of some of the rental car companies, along with someone from the commission, who brought him the legislation, which he inserted into another bill at the end of the legislative session. According to Cal-Access, an online resource that documents campaign finances, Hertz Corp. contributed $3,000 each to Leno’s 2004 and 2006 campaigns. The Dollar Thrifty Automotive Group also made a contribution of $3,300 to Leno’s 2006 campaign.

But Leno said of his legislation, "It enhances the information that consumers receive when they rent a car…. I thought this was a win-win situation that would not have consumer opposition, that would generate $50 million [a figure that includes the ripple effect of tourism] to promote California and create hundreds of thousands of jobs."

In addition to helping boost tourism in the state, the Leno legislation requires rental car companies to disclose their total out-the-door prices on the phone or the Internet and requires all components of the total charge to be clearly itemized for consumers.

Robert Fellmeth, executive director of the Center for Public Interest Law, told us the alleged price fixing wasn’t surprising, given that the seven companies dominate the market and share a lobbyist and a trade association. But he said, "The more serious charge is that they went to a legislator and agreed to horizontal price colluding."

None of the companies returned Guardian calls or offered comments.

Megan Ma contributed to this report.

Delete key

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› sarah@sfbg.com

San Francisco’s recent move to a new, privatized electronic campaign finance database will make it more difficult to track amendments to reports on political spending, a change that has caused a conflict between top-level staffers at the Ethics Commission.

In a Jan. 10 memo sent to all of the appointed members of the Ethics Commission, fines collection officer Oliver Luby wrote, "The transition to a NetFile-created database will result in large amounts of deletion of campaign data from the Commission’s database, both in the future and retroactively.

"This data deletion will destroy the ability of the Commission and the public to systematically perform computerized reviews of finance changes made via amendment," Luby wrote, adding, "Coincidentally, the biggest beneficiary of this lack of disclosure will be the clients of NetFile."

Many large campaigns use NetFile to electronically file their finance statements, and last year the Ethics Commission decided to have the company take over the city database, which officials with the Department of Technology and Information Services say is failing.

To illustrate his concerns, Luby sent a report to commissioners and staff Jan. 2 identifying more than $2 million in transactions that political committees, including the 2003 campaigns Gavin Newsom for Mayor and Kamala Harris for District Attorney, reported between 1997 and 2007 by using post-filing-deadline amendments, sometimes in violation of the law.

"If there is any way for the Commission to convince NetFile to provide a database and filing system that will not delete data, I recommend pursuing it," Luby concluded. "Otherwise, this problem is an indicator that the cost savings obtained by using NetFile, instead of SF DTIS, were inflated."

But Ethics executive director John St. Croix didn’t appreciate Luby’s input and defended the choice of NetFile.

"DTIS determined that it would be very expensive and unrealistic for them to create a new system since they didn’t have the man power or the time. And to buy it elsewhere, like from the city of Los Angeles, would have been expensive, so we looked at the private vendors," he told the Guardian.

St. Croix signed a three-year, $90,000 per year contract with NetFile on Oct. 31, 2007, and told us, "If we don’t go with NetFile, we won’t have anything,"

David Tristan, deputy director of Los Angeles’ Ethics Commission confirmed that his city’s in-house system, which costs $30,000 per year, is not a turnkey operation: "It was built as a filing, audit, enforcement, and compliance tool, and it’s a good system, but we encourage that you have a systems person."

St. Croix claimed Ethics auditors are not losing any tracking capability. "The way the old system works, a global assessment is no longer available," St. Croix told the Guardian.

Acknowledging that his staff will have to take more steps to do a comprehensive "global search," St. Croix said Luby "is negating the fact that we will be able to display lobbyist reports, statements of economic interests, and all our scanned filings."

If a modification to the NetFile contract is required, St. Croix said, "We’ll try to get the city to pay for it." But, he claimed, "there is no basis for the idea that there is a sinister relationship between the filers and NetFile."

NetFile founder David Montgomery confirmed that NetFile, which accounts for 50 percent of the state’s electronic filings, provides services to filers, such as political committees supporting candidates and measures, and governmental agencies.

"But the data filed belongs to NetFile’s customers. We’re just providing a management service," Montgomery told the Guardian, dismissing conflict-of-interest concerns. "That’s like saying that because Joe Smith cheated on his income tax, we need to sue TurboTax."

Noting that amendment-tracking capabilities are on NetFile’s long-term wish list, Montgomery said, "We want to make sure everyone is happy with the transition, but some people don’t like change."

Joe Lynn, who was campaign finance project for the Ethics Commission when San Francisco went online, believes NetFile represents a degradation of Ethics audit capacity. "The biggest fine issued by the SF Ethics Commission, and the biggest in California, involved this principle, the auditing of an amendment," he said, referring to the $100,000 fine that a Pacific Gas and Electric Co.–funded committee incurred from the city (plus $140,000 from the state) when its amended filings showed it failed to disclose $800,000 in last-minute donations from the utility to help defeat a 2002 public power measure. Ethics auditors caught one of PG&E’s violations, while the media, using Ethics’ amendment review tools, caught the other.

"But thanks to the way NetFile’s system is set up, it doesn’t have the capacity to display amendments the way we do," Lynn said. "This demonstrates the dangers of privatization."

Lynn said NetFile’s less sophisticated ability to track amendments stems from the fact that it was set up in 1998 to help committees fill out campaign finance reports, "and not from what makes sense for public disclosure.

"It’s unfortunate, but not necessarily negligent, that this fell through the cracks," added Lynn, who suggests the Ethics Commission should work to resuscitate its amendment-tracking ability by requiring that committees filing amendments fill out a form stating just how filings have been amended.

"We need to have ordinance," Lynn said. He doesn’t buy the argument that NetFile’s system is adequate just because it’s used by San Jose, Santa Clara, and San Bernardino.

"San Francisco should have a first-class system," Lynn said. "This is another mechanism by which a committee can skirt the law."

Robert Stern at the LA Center for Governmental Studies worries that by signing on with NetFile, San Francisco will lose "the ability to find electronically information on what was changed and to see whether voters had this amended information before an election and what they were learning through amendments afterwards."

Luby also worries that because Ethics’ old database won’t have technical support, it could irreparably break down in the future and that even if it remains functional, "auditors will have to look in two places to see every local contribution Chevron made."

Luby e-mailed his concerns to management Dec. 7, 2007, then provided them with his detailed analysis Jan. 2 — submissions that raised St. Croix’s ire.

"I cannot attest to the accuracy of the information in this report," St. Croix wrote in a Jan. 11 memo to the commission. "I believe that many of its conclusions are inaccurate and many are spurious. Further, the information appears to be based on false assumptions and the language implies dishonest motives that are quite simply non-existent."

But St. Croix’s reply earned a swift rebuke from Luby’s union, Service Employees International Union Local 1021. "We believe the report was written in accord with Mr. Luby’s previously recognized duties," SEIU work-site organizer Cristal Java wrote Jan. 15.

Claiming St. Croix implied that Luby’s report was a "misuse of City resources," Java added, "While Mr. Luby’s act of forwarding his report may not satisfy the technical requirements of filing a complaint, we believe that Mr. Luby’s bringing of a report about work-related problems to your attention was whistleblowing."

Luby said St. Croix "is attempting to discredit his amendment review report because its results reflect that Ethics staff dropped the ball when the new database’s minimum system requirements were provided to NetFile. Mr. St. Croix doesn’t want to own up to the mistake."

Guardian v. SF Weekly: trial update

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It’s extraordinary how the SF Weekly can take a clear legal defeat and try to turn it into a victory.

Yesterday the judge in the Bay Guardian’s lawsuit against the SF Weekly and its parent corporation refused to bar the Guardian’s key expert witness from testifying. The ruling was a clear victory for the Guardian – the Weekly had tried desperately to keep accountant and economic expert Clifford Kupperberg from taking the stand to present evidence of how much the Weekly’s predatory pricing had damaged the Guardian.

And yet, the Weekly’s Snitch blog trumpets the ruling as “Bay Guardian shakedown hits a snag,” arguing that Kupperberg had somehow repudiated his own testimony.

The Guardian is suing the SF Weekly and Village Voice Media for predatory pricing in violation of California business law. The suit charges that the Weekly, with cash support from the 16-paper chain, sold ads below cost for many years in an effort to harm the locally owned competitor.

The trial got underway this week, with early motions on the evidence. Here’s what actually happened in Superior Court judge Marla Miller’s courtroom Jan. 16th and 17th:

Kupperberg, following well-established standards, had developed two scenarios to explain how much the Guardian had lost due to the Weekly’s practice of selling ads below cost. One of the scenarios used data from members of the Associate of Alternative Newsweeklies, information that the papers share with each other once a year to establish industry financial benchmarks.

The SF Weekly’s lawyers argued that part of the data – the material from AAN — wasn’t reliable, so Kupperberg agreed to use his other standards (including New Times own figures in 17 different markets) instead. He also added data from two other Bay Area alternative papers and from local retail sales statistics to buttress his conclusions. His data suggests damages of $5 million to $10 million.

And after the SF Weekly lawyers argued for hours that Kupperberg be disqualified, Judge Miller ruled clearly and unequivocally against them. Kupperberg will be able to testify, and his damages will be admissible.

That’s a big victory for the Guardian.

And while the Weekly lawyers demanded extra time and sought to delay once again a case that’s been in the works for more than three years, Miller moved forward and started the jury selection process Jan.17.

If this is how the SF Weekly and the VVM guys from Phoenix are going to cover the trial, we’re going to have to spend a lot of time correcting the record.

For more context and background on the case, and to see one of our key legal motions and read the story on the case from the Daily Journal click here.

Daily Journal: Trial to start in Bay Guardian’s suit over rival’s ad costs

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SAN FRANCISCO – For the 30th anniversary edition of The San Francisco Bay Guardian, founders Bruce B. Brugmann and Jean Dibble, his wife, posed for a cover shot in front of their home.

Dibble wore an apron and an overall-clad Brugmann held a pitchfork, recreating one of this country’s most famous paintings, Grant Wood’s 1930 “American Gothic.”

The photo was a nod to the couple’s Midwestern roots. Wood’s portrait depicted an Iowa dentist and his sister; Brugmann and Dibble came to San Francisco from Rock Rapids, Iowa, to start the Guardian in 1966.

But it wasn’t a pitchfork that got the unapologetically left-leaning newspaper going. It was a lawsuit.

In 1970, Brugmann sued the San Francisco Newspaper Agency, which operated the San Francisco Chronicle and the San Francisco Examiner under a joint operating agreement. Brugmann’s complaint asserted that the agreement constituted a monopoly.

The case settled for $500,000, and Brugmann used the money to increase the frequency of his publication.

Forty years later, Brugmann is back in court with another anti-competitive lawsuit.

This one, against SF Weekly and its parent chain, New Times Newspapers, asserts that the Weekly sold its advertisements below what it cost to produce them in an effort to push the Guardian out of business. Bay Guardian Co. v. New Times Media, 435585 (S.F. Super. Ct., filed Oct. 19, 2004).

Jury selection is set to begin Thursday in San Francisco County Superior Court, Judge Marla J. Miller’s courtroom.

Brugmann’s suit also claims below-cost ad sales or “predatory pricing” by the East Bay Express, which New Times bought in 2001 but sold last year. New Times merged with and became Village Voice Media in 2006. Its 17 publications make it the largest chain of alternative newsweeklies in the United States.

New Times executives and its attorneys deny that either the East Bay Express or SF Weekly sold ads below cost in an effort to rid the market of the Guardian.

Experts say predatory-pricing cases are interesting because of the inherently economic and somewhat theoretical aspect of the claims. What is cost, and how should it be determined? And, perhaps more important, does the plaintiff need to prove that the defendant would be successful post-predatory pricing?

In California, at least, the latter may be debatable.

SF Weekly launched in 1989. When New Times bought the Weekly in 1995, the Bay Area became one of three places New Times had a direct competitor in the market. In the second and third places, Cleveland and Los Angeles, New Times competed with rival Village Voice Media papers. In 2002, a “market-swap” deal between the chains eliminated head-to-head competition in those cities but caught the attention of the Justice Department. In January 2003, both companies signed a consent decree agreeing to aid competition by selling the rights to their former paper names. Neither admitted wrongdoing.

Brugmann points to that incident as evidence that New Times has a history of eliminating competition, but a pretrial motion from New Times barred any reference to the deal at trial.

The Weekly and the Guardian are both distributed free and depend largely on advertising revenues.

Although generally more politically moderate – and far less likely to take on such constant Brugmann targets as Pacific Gas and Electric Co. – the Weekly closely parallels the Guardian’s other qualities, including ubiquitous advertising for medical-marijuana clubs, “escort” services and bars and restaurants.

San Francisco Kerr & Wagstaffe attorneys H. Sinclair Kerr, James M. Wagstaffe and Ivo Labar represent New Times.

Labar said Brugmann is using the Weekly as a “scapegoat” for his own problems in dealing with new challenges in print media.

Michael Lacey, executive editor of the new Village Voice chain, agreed.

“[A lawsuit] is how Bruce got into the business, and now, in the twilight of his years, it’s how he’s hoping to maintain his business in a really tough media market,” Lacey said.

But Brugmann denies that’s the case.

“Of course that’s their story,” he said. “But from our point of view, the fact that the economy is not good and there are other problems in this business only makes this problem more acute.”

The problem Brugmann refers to began after New Times’ purchase of the Weekly.
According to Brugmann, his advertising staff started coming to him saying they were having problems making sales.

An exhibit in the Guardian’s court documents shows a list of dozens of advertisers, with Guardian employee notations alongside them: “Couldn’t match SFW,” “Great Deal with EBE [East Bay Express],” “Ludicrous deal from SFW,” “SFW giving away free ads,” “Will come back if match SFW,” “Match SFW or we’ll pull ads.”

Brugmann said he tried warning the Weekly about its practice. But when the ad rates didn’t go up, he sued.

“We had to sue them to get an even playing field,” he said.

Brugmann’s complaint asserts that the Weekly is using its parent company’s resources to lose money in San Francisco until the Guardian folds – like a broadsheet.
“This is a situation where a chain has decided that it could take over the market and either run a small family-owned company out of business or at least cripple them so they wouldn’t be an effective competitor,” said Ralph C. Alldredge, a San Francisco attorney who represents the Guardian.

E. Craig Moody and Richard P. Hill of San Francisco’s Moody & Hill also represent the Guardian.

In opposition to the Weekly’s motion for summary judgment (which was denied by San Francisco County Superior Court Judge Richard A. Kramer in October), the Guardian points out that Weekly executives knew their paper could make money in the Bay Area market if they raised their advertising rates.

The Guardian’s papers also cite evidence of wrongful intent. One piece of evidence is that, in a meeting with Weekly staff shortly after New Times bought the paper, Lacey told his employees he wanted the Weekly to be “the only game in town.”

Lacey points out that statement was made well before the period covered by Brugmann’s lawsuit and that he was speaking about editorial content, not advertising.

“I write for a living, and I edit for a living,” he said. “I have nothing to do with advertising. I never have.”

According to Lacey and attorney Labar, the Weekly would be no better off with the Guardian out of the picture.

“That doesn’t change our business profile here,” Lacey said. “I guarantee you, like mushrooms cropping up, there will be publications cropping up. Everybody takes a piece of the same sorts of actions.”

Labar agreed.

“This isn’t a city with two newspapers,” he said. “It’s a city with unlimited means to advertise.”

In papers, the Weekly point to several other newspapers or online advertising outlets that clutter the Bay Area market: a weekly supplement in the San Francisco Chronicle, the Chronicle itself, The Onion and craigslist, among others.

But the Guardian’s papers assert that New Times executives called the Bay Area advertising market a “zero sum game” with the Guardian and kept track of the number of advertising inches purchased by each Bay Guardian customer in a weekly “Guardian Report.”

Experts say predatory-pricing cases face very different odds depending on where they are filed. Attorneys say California superior courts generally are seen as more friendly to plaintiffs.

That’s largely because federal courts have been swayed by decades-old economic theory that is skeptical of the plausibility of predatory-pricing claims, some say.

“[The theory] was highly critical of the idea that predation could ever work,” said Daniel A. Crane, an antitrust professor at the Benjamin N. Cardozo School of Law. “For one, it’s extremely expensive. Then, you not only have to prevail, you have to recoup [recover your losses]. If another firm comes into the market, you don’t get to recoup. It’s almost a suicidal way of doing business.”

Crane, who has written about predatory-pricing cases, said economic theory also has developed in support of predatory-pricing claims. But in his view, the theories often don’t stand up in the real world.

Don T. Hibner, an antitrust attorney with Sheppard, Mullin, Richter & Hampton in Los Angeles, agreed.

“With enough ifs, we could put Paris in a bottle,” Hibner said, paraphrasing a French proverb. “We want to use economic theory to buttress facts and common sense. If we’re going out on a limb and all we have is economic theory, God help us.”

To protect competitors from purely theoretical claims, Hibner said federal courts have adopted tougher standards for plaintiffs in predatory-pricing cases. First, they’ve adopted a method of calcuutf8g cost that takes into account only variable costs.

California uses a method called “fully allocated costs,” which factors in all costs, both fixed and variable. That method generally yields a higher cost, making it easier for a plaintiff to show that any sale was below cost.

Second, federal courts require the plaintiff to prove that the defendant would in fact be able to recover or recoup its losses after the plaintiff was pushed out of the market. California courts have not directly addressed the issue of recoupment, making the recoupment prong debatable, attorneys say.

Cost and recoupment are the “two horns on which you can be hooked” in federal courts, according to Maxwell M. Blecher, of Blecher & Collins in Los Angeles. Blecher most often represents plaintiffs in predatory-pricing cases.

Hibner said the California statutes dealing with sales below cost “seem to mean what they say,” he said.

The primary statute at issue, Business and Professions Code 17043, reads, “It is unlawful for any person engaged in business within this state to sell any article or product at less than the cost thereof to such vendor, or to give away any article or product, for the purpose of injuring competitors or destroying competition.”

Hibner said literal readings of the statute sometimes can shift the protection of antitrust laws from consumers to “inefficient competitors.”

But according to Alldredge, the language makes the Guardian’s case simple.

“All you do is take all of their costs and divide that by the number of inches of advertising space they sold,” he said. “That tells you how much the cost is per inch. Whenever they sell below that cost, under California law, they’ve committed a violation.”
And, he added, under California’s Unfair Practices Act, with even one below-cost sale, a defendant’s negative intent is presumed.

That places the burden on the defense to show that they had another reason for selling below cost.

“Why were we selling below cost on certain advertisements?” Labar asked. “We couldn’t get a higher price.”

Labar said the triable issue of fact is intent.

“They’re trying to say a handful of documents and a couple of statements indicate we were trying to run them out of business,” he said. “We say, ‘No, they indicate we were trying to compete.'”

Copyright 2008 Daily Journal Corp. Reprinted with permission. This file cannot be downloaded from this page. the Daily journal’s definition of reprint and posting permission does not include the downloading, copying by third parties or other any other type of transmission of any posted articles.

New College still poorly managed, report says

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The beleaguered New College of California is facing another gloomy report just released from its accrediting agency after first being placed on probation last July. Meanwhile, two trustees of the school, Peter Gabel and Colleen O’Neal, reportedly resigned from the school’s board Jan. 15.

newcollege3.gif

Representatives of the Western Association of Schools and Colleges made a special site visit to the famous liberal arts institution and training ground for social justice activists in November to see what progress the school had made since an array of deficiencies were identified in the July report. During the summer, WASC found a history of administrative “sloppiness and arbitrariness” and identified “clear and egregious violations of institutional integrity, academic integrity.”

WASC is still apparently skeptical that New College can improve its management practices despite having repeatedly allowed the school to remain on probation intermittently for years without stripping its accreditation away entirely.

“The institution has established a pattern over the years of being placed under sanction by the commission, responding with superficial adjustment, and rapidly falling back into past practices.”

Messy Marv at large

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› a&eletters@sfbg.com

Even the short list of elite Bay Area rappers — say, Too Short, E-40, Keak Da Sneak, and Mistah FAB — must include the Fillmore’s own Marvin Watson Jr., a.k.a. Messy Marv. Since selling 15,000 units of his debut, Messy Situations (Ammo, 1996), at age 16, Mess has consistently earned impressive independent numbers: his solo discs Disobayish (Scalen/Sumday, 2004) and Bandannas, Tattoos, and Tongue Rings (Scalen/SMC, 2005) both sold 20,000, while his collaboration with San Quinn, Explosive Mode (Presidential, 1998), has moved more than 50,000.

Mess began 2007 with Da Bidness (Gateway/SMC), the creation of a supergroup formed with Keak and PSD, which, according to SMC’s Will Bronson, was last year’s best-selling local independent disc, at 19,000 and counting. Mess’s current project, Draped Up and Chipped Out 2 (Scalen/SMC), dropped at the year’s end. By mid-December, Draped was the number one independent and number 13 overall album on the Music Monitor Network, which tracks sales from major United States indie chains.

The soundtrack to an uncompleted film, Draped consists mostly of songs by Mess — spitting alongside national talent like Mike Jones, Juvenile, and Sean Paul — plus tracks from local heavyweights like G-Stack and B-Legit. Despite its various hands, the disc still has an album feel, containing some of Mess’s best work since Bandannas. Highlights include his singles "My Life Is a Movie," which showcases a hook by the late Mac Dre, and "Sei Luv," a rare foray into romantic R&B. With multiple business ventures in the works — including a clothing line and a reality TV show — and perpetual major-label interest, Mess is as likely as any Bay rapper to go nationwide.

Coming from the Fillmore’s projects, however, presents challenges most artists don’t face. When I spoke with Mess, he was fresh out of Santa Rita Jail, where he spent the past year on a weapons charge.

"I was charged with felony possession of a firearm, my second firearm case," he said. "The deal was three years’ state pen, but my legal defense got me a year. Now I’m back out, trying to turn my negative situation into a positive.

"Jail didn’t stagnate anything as far as my label Scalen," continued Mess, who even recorded a Draped intro behind bars. "They had a phone so I could do my business and my time. I have a strong team behind me."

Nonetheless, given California’s three-strikes law, another felony gun charge could land Mess serious prison time. When asked if he’s worried, however, he got a little heated.

"Now you sound like the SF police," he said — the last thing a rap reporter wants to hear. "Are we trying to make people think I don’t care about going to jail?" he asked, citing his displeasure with a May 15, 2007, San Francisco Chronicle article implying his gun toting had ruined his career opportunities.

"I felt real exploited by that article," Mess said. "I said I’d rather be caught with than without, any day. The way the murder rate is, it’s like that. I don’t regret any of it. I’d rather people read about me in jail than read about me dying or being shot."

He has a point. I absolutely hate guns, as do SF voters, who passed Proposition H — banning possession and sale of firearms within city limits — in 2005. But Prop. H was struck down Jan. 9 by the First District Court of Appeal, based on a challenge by the National Rifle Association, for conflicting with state law, and I think it’s hypocritical to condemn rappers for carrying guns in a society that refuses to ban them. Street rappers like Mess have to maintain a presence in the hood to preserve their credibility and fan base. But money and fame make them targets for violent crime.

"We need some kind of protection," insisted Bay legend Spice 1, who was shot in the chest during a Dec. 3, 2007, attempt to break into his Escalade while he slept inside. The bullet pierced his lung, leaving him in critical condition, though he’s now out of danger and recovering.

"Entertainers should get a break, but we can’t even wear [bulletproof] vests," added Spice, who has had six gun charges, including four in California that predate the three-strikes law. "Marv ain’t trying to jack nobody. He’s trying to protect himself."

In any case, despite the risks, Mess has no intention of abandoning his hood. Beyond the usual rapper’s neighborhood pride, he has taken on an active role in attempting to turn negatives into positives. Aside from using his label to employ youths whose criminal records and/or poor education make getting jobs nearly impossible, he’s put out two volumes of Fillmore Nation (Scalen/SMC, 2006) to help young rappers launch their careers. He intends to donate a portion of the profits to two Fillmore community centers.

"When I got my position in the music industry, I didn’t turn my back on the kids," Mess said. "I’m out here with these kids, these criminals, and they look at me as hope because I was the same way. When they look at me, they can say, ‘If Messy Marv can do it, I can do it.’<0x2009>"

All told, I think San Francisco — or at least the Fillmore — is better off with Mess on the street than in a cell.

3-D Technicolor

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› johnny@sfbg.com

A Cornelius concert at the Fillmore is great because Cornelius, a.k.a. Keigo Oyamada, appreciates the setting’s history far better than your average rocker. It’s also ideal because the venue is kitty-corner from Japantown, where the colors on the metal boxes containing pencils and crayons at the Kinokuniya stationery store aren’t far — logistically or in spirit — from the drip-paint blue, yellow, red, and black on the cover of his latest album, Sensuous (Everloving).

Vivid color has long been important to Cornelius’s aesthetic. I’ll never forget the day I bought the initial, Japanese edition of his 1997 album Fantasma (Matador) at Kinokuniya’s bookstore. I was blown away to discover that its Orangesicle packaging included a pair of white earphones — and even more wowed when I put on those earphones and realized that Oyamada had used three-dimensional digital recording to chart new rock-and-space vistas.

A decade later Oyamada remains clear about his concepts, breaking down the differences between his last three albums in the simplest terms. "Fantasma was an album that included all sorts of information that was gathered and edited," he writes via e-mail when asked about his approach to music and visuals. "Point (Matador [2001]) was an album that included information that was necessary, and it was arranged that way. Sensuous is like a brushed-up version of Point." Indeed, commencing with the breeze-grazed chimes of the title track and closing with the warm cyborg nighty-night of Oyamada’s take on the Dean Martin chestnut "Sleep Warm," Sensuous finds a precise midpoint between Fantasma‘s meta-Disney excess and Point‘s sharp minimalism.

Filtered through e-mail channels, Oyamada is less forthcoming than I remember him being during a stroll through Chinatown one night around the time of Fantasma‘s United States release. He suggests that his wife, Takako Minekawa — who hasn’t released a recording under her own name since 2000’s Maxi On, on Polygram — will probably share her music with listeners again someday, noting that last year she recorded with Ryuichi Sakamoto. Oyamada says his son, Milo (named after the child of Planet of the Apes‘s Cornelius), is a fan of the ’70s pop band Godiego, who made the theme song for the Japanese TV show Monkey. He states that he’s looking forward to visiting relatives and eating Italian food while in San Francisco. (It’s no accident that Oyamada named his influential — though now defunct — record label Trattoria.)

Nonetheless, Southern California might be a highlight of Cornelius’s current tour. He has a date at the Walt Disney Concert Hall in Los Angeles. "A Cornelius show is a synchronization of sound and visuals and it’s influenced by Disney’s Fantasia," Oyamada says when asked about the venue. "I was trying to make a rock version of Fantasia [in Fantasma]. So I’m very happy [to be playing there]."

Oyamada knows better than anyone that sound charts limitless outer and inner space, suggesting other worlds and also bridging different countries (say, Brazil and Japan) and time periods (say, from the ’60s to 10 years from now). Looking through one of Cornelius’s Web sites, I happened on a photograph of Oyamada posing happily with Caetano Veloso, a find that immediately brought a new perspective to the way I hear particular recordings by both artists. Certainly, the inspiration for Fantasma (a still-ahead-of-its-time collection that was rejected as too fractured and manic by some US rock critics who had no problem kissing Beck’s feet) can be found in Veloso’s recently reissued 1972 album Araçá Azul (Lilith), an album that — returned for refunds by a multitude of confounded consumers — was similarly radical in its application of collage aesthetics to symphonics.

"About two years ago I went to go see [Veloso’s] show around the time Takako [Minekawa] did a remix of his son Moreno’s band [Moreno+2]," Oyamada explains when asked about the photo. "He performed music that ranged from standard bossa nova to avant-garde compositions, and covered DNA and Nirvana. It’s in my top three of the best shows I’ve ever seen in my life."

Some people rank Cornelius shows high on their lists, thanks to Oyamada’s gift for spectacle. As for Sensuous, its highlights — especially the gliding flight of "Omstart," a collaboration with Erland Øye — have a prismatic quality that no colored pencil or paintbrush, even the 70-some varieties at Kinokuniya, can approximate.

CORNELIUS

Fri/18, 8 p.m., $25

Fillmore

1805 Fillmore, SF

(415) 346-4000

www.cornelius-sound.com

Imagine San Francisco without rent control

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OPINION If you think the mortgage foreclosure crisis is big, imagine what would happen to San Francisco if rent control were repealed.

With 180,000 rent-controlled apartments currently housing more than 350,000 San Franciscans, the end of rent control would be disastrous. Literally hundreds of thousands would be forced from their homes and forced to leave the city.

The pain and suffering people would face as they lost their homes would be immense, making the foreclosure problem seem insignificant by comparison. Maybe even worse, repealing rent control would destroy forever the soul of San Francisco, eliminating altogether the city’s character and diversity and leaving it nothing more than a wealthy enclave affordable only to the very rich.

Envisioning the loss of rent control and the effect that would have is not fantasy. A statewide ballot measure this June would abolish rent control in San Francisco and all across California. The measure would also abolish requirements that developers include affordable housing in their projects. That means we could wake up on June 4 this year with all affordable housing in San Francisco gone — unless we all work as hard as we can to save our rent control and our affordable housing.

In 1979, rent control was adopted in San Francisco, and it was accomplished only because thousands of San Francisco tenants made it happen. People collected signatures, made phone calls, walked precincts, packed City Hall hearings, and demonstrated and marched. Through collective grassroots activism, rent control became a reality. Now many of us think of rent control as something we’ve always had and a law that will always be there.

But we need to face reality: in five months, all limits on rent hikes could be gone. It won’t be easy to save rent control, and we need to begin our work now. The fate of rent control will largely be up to voters in San Francisco and Los Angeles, where most California renters live. Los Angeles tenants are organizing and mounting a strong campaign there. We need to do the same in San Francisco.

The San Francisco campaign to save rent control will kick off Jan. 19 with a citywide mobilization of tenants and allied organizations to plan and begin our work. If we’re going to save rent control, we need the same level of grassroots activism we had when we fought to get rent control in 1979, and we need tenants to come to the Save Rent Control Convention and begin the hard work to keep our homes.

This will be a working convention: following an overview about the measure, we will map out strategies and plans for fundraising, voter registration and education, media strategies, Web site development, rally organization, and all of the other components that make for a successful grassroots campaign. The tasks are many, and there’s not much time.

If we lose rent control, we’ll lose not just our homes but also our city. Saving rent control is not a fight people can sit out and hope someone else will do something about.

Ted Gullicksen

Ted Gullicksen runs the San Francisco Tenants Union.

The Save Rent Control Convention will be Jan. 19, 1–4 p.m., at Centro del Pueblo, 474 Valencia (at 16th St.), SF. For more information on the rent control repeal measure, see www.saverentcontrol.net or www.sftu.org. For more information, call (415) 282-5525.

Showdown at 55 Laguna

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› sarah@sfbg.com

Time is running out on attempts by Sup. Ross Mirkarimi, State Sen. Carole Migden, and Assemblymember Mark Leno to secure greater affordable-housing levels from the University of California, which wants to build private residential units on its UC Berkeley Extension campus at 55 Laguna in San Francisco.

Since the school site closed more than three years ago, critics have questioned how the UC’s plan for the campus, which served a public use for more than 150 years, will benefit the community, while preservationists succeeded in getting the campus awarded historic landmark status.

But with the UC claiming "unrestricted power to take and hold real and personal property for the benefit of the university" in a public statement, the city’s regulatory power is limited. The San Francisco Planning Commission is scheduled to consider the project Jan. 17, including the demolition of Middle Hall Gymnasium, the oldest building on the campus, and Richardson Hall Annex. But local and state legislative officials are focused on trying to get more affordable housing at the site.

Although negotiations were still ongoing at Guardian press time, the UC’s plan was to demolish the two historically landmarked buildings on the 5.8-acre Hayes Valley campus and build 450 new housing units, 16 percent of them to be offered below market rates, about the minimum number under the city’s inclusionary-housing law.

"But we’re pushing hard at the bottom line," said Mirkarimi, who, along with Migden, Leno, the city’s Planning Department, the Mayor’s Office of Housing, and affordable-housing activists, has been meeting with developer A.F. Evans and Openhouse, a local nonprofit that intends to build an 80-unit, market-rate, LGBT-friendly, senior residential community on the site.

"And we are trying at a separate venue to appeal to the UC Regents to be more sensitive and cooperative in what their bottom line profitability level is," Mirkarimi, whose District 5 includes Hayes Valley, told the Guardian.

Mirkarimi said he’s in favor of preserving all five buildings at the site but that both the Planning Commission’s Landmark Advisory Committee and the Board of Supervisors have voted to preserve only three. "We are trying to be pragmatic yet clear as to what our objectives are in trying to make a complex deal that’s triangulated by UC Berkeley, A.F. Evans, and Openhouse, with UC as the big daddy in the room.

"UC can do almost what UC wants. But the city’s leverage comes from UC asking for housing to be built and requesting a zoning change at a site that has become a magnet for grime and crime," Mirkarimi said. "It would also be negligent for UC to let this site remain in its current condition.

Under state law, the UC is exempt from city and county zoning and building codes if it builds educational facilities or projects that are deemed to be in the public interest. But according to officials with the City Attorney’s Office, the UC is not exempt from such codes if it turns over its land for private development.

And then there’s the city’s claim that it never conveyed the title to Waller Street, which lies between Buchanan and Laguna streets and is essential to the project, giving opponents some leverage. The UC disputes the city’s claim, but Mirkarimi maintains that the Board of Supervisors’ control of the street "provides a contingency plan if we are not making progress. And either way, UC is going to have to pay for the right to Waller."

The UC’s 55 Laguna project manager Kevin Hufferd confirmed that he is having "ongoing discussions with state and city officials" but declined to comment further.

"Frustrating" is how queer affordable-housing activist Tommi Avicolli Mecca described the last-minute discussions about the 55 Laguna development plan. "A.F. Evans claims it won’t be making any money and that they can’t do any more," Mecca told the Guardian. He attended a Jan. 11 meeting with the company at which, he claims, the developers offered to increase affordability levels to 19.5 percent but Mirkarimi pushed for more.

"To his credit, Sup. Ross Mirkarimi keeps saying this is unacceptable," Avicolli Mecca said, also lauding the Mayor’s Office of Housing for trying to make Openhouse’s project "100 percent affordable."

Currently, Openhouse’s development includes no below-market-rate units, a situation Avicolli Mecca claims the MOH hopes to change "through bringing in subsidies."

"Obviously, we are not against queer senior housing," Avicolli Mecca said. "The issue is that this is a lousy deal. What are we getting? Nothing, but UC gains a lot of money. There’s a crazy need for affordable housing and no way to justify this plan."

Filmmaker Eliza Hemingway, whose documentary Uncommon Knowledge records how the UC shuttered 55 Laguna with no input from — and little concern for — staff, students, and the surrounding community, believes that people have lost sight of the public use issue.

"They are worn down by the struggle, by trying to find a compromise because the space is empty, but the question remains: why is a public campus being privately developed?" Hemingway told us. She mourns the loss of educational programs and spaces that benefited the community and the lack of transparency that has marred the UC’s plans.

"For there to have been such huge barriers to the public process over what is a huge amount of public land is unfortunate," Hemingway said.

Cynthia Servetnick of the Save the UC Berkeley Extension Laguna Street Campus told us her group is prepared to file a lawsuit under the California Environmental Quality Act if the project as currently proposed is approved.

"We’d rather see a project that has 40 percent affordable housing at 50 percent [area median income] than a lawsuit, but $38,000 a year [which would be the annual income requirement for seniors, the disabled, and people with AIDS to be able to afford one of Openhouse’s units] is too high," she said, noting that the proposed units are small but could go for $4,000 a month, rising to $7,000 monthly for those who need more services and staff.

Claiming that recognition of the campus as a historic landmark assists project sponsors in accessing preservation incentives, including federal tax credits, Servetnick said, "A.F. Evans has its [environmental impact report] complete and is clearing the way for 450 units, but they could do that and save all the historic buildings, thus having the same profitability but more affordability. It’s now or never. This is a new term for the mayor, we have a new city planning director, John Rahaim, and officials open to negotiating a win-win."

Migden was even more blunt. "Poor old queers need a place to retire too," she said. "Either Evans and the UC up the affordability level to 40 or 50 percent and guarantee that some of the senior LGBT units are subsidized, or the project dies."

As of press time, A.F. Evans, Openhouse, the SF Planning Department, and UC representatives had not returned the Guardian‘s calls.

Deferring to Mirkarimi to make an official announcement, Leno said, "I know that the meetings have been ongoing and that the issue of affordability is a priority, and I’m hopeful that we will have an agreement among all stakeholders shortly."