Big plans for Sacred Heart schools. Page 7
THE HOMETOWN NEWSPAPER FOR MENLO PARK, ATHERTON, PORTOLA VALLEY AND WOODSIDE
JULY 28, 2010 | VOL. 45 NO. 48 WWW.THEALMANACONLINE.COM
The end A fire hastens Nancy Kiesling’s decision of the to close the Book Rack after 22 years party [SECTION 2] apr.com
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ATHERTON Unique contemporary home custom built on a gorgeous 1.3+/- acre lot. Extensively remodeled since 2007: painted inside and out, fabulous new kitchen and appliances, new window coverings, new air conditioning units, new roof and skylights. Detached 4-car garage. Park like setting with pool. Oak-Knoll/ Hillview schools. $7,800,000
WOODSIDE Completely rebuilt and expanded in 2008, this elegant old world style home is nestled in the very unique town of Woodside. This is a 1.4+/- acre horse property with a barn. Main residence is 4,400+/-sf and has 3bd/3.5ba, office, and billiard room. Guest cottage with kitchen and bath. $2,999,999
MENLO PARK Vintage cottage fabulously maintained. 2bd/1ba with high ceilings, gleaming hardwood floors and tall windows, some dual pane. Detached office with built-ins. Deep garage. Las Lomitas Schools. $799,000
MENLO PARK OFFICE 1550 EL CAMINO REAL, SUITE 100 650.462.1111 WOODSIDE OFFICE 2930 WOODSIDE ROAD 650.529.1111
APR COUNTIES | Santa Clara | San Mateo | San Fracisco | Marin | Sonoma | Alameda | Contra Costa | Monterey | Santa Cruz
2 N The Almanac N July 28, 2010 UPFRONT
Council begrudgingly approves legal settlement involving El Camino project By Renee Batti tion also protects their privacy and costs. The developer must Almanac News Editor as members of a group, making also pay “for all city costs and the filing of this type of lawsuit fees associated with processing hey were peeved and frus- by anonymous members of a the project and fees related to the trated in doing so, but group legal. lawsuit and settlement,” accord- TMenlo Park City Council The settlement terms were ing to the staff report. members on July 20 gritted their worked out by the developer The lawsuit was filed using teeth and unanimously support- and the Concerned Citizens’ the private attorney general ed a settlement agreement with attorney. Jeff Warmoth of the statute, which allows private Concerned Citizens of Menlo development firm, who said citizens acting as representa- Park, a group of anonymous he didn’t know the names of tives of the public interest to members who in November individual plaintiffs during bring lawsuits against govern- 2009 sued the city and would-be negotiations with the group’s ment entities. developers of the property at lawyer, said the lawsuit had “no It challenged the EIR done for 1300 El Camino Real on envi- basis in fact,” but he urged the the project on grounds that it ronmental review issues. council to approve the settle- failed to evaluate the project’s The settlement agreement ment. “It’s not something we’re air pollution impacts, and failed scales back the size of a planned happy about,” but the company to follow required procedures grocery store on the site. The wants to move ahead and build in evaluating the project’s traf- only person to emerge as being the project, he said. fic, land-use, and greenhouse a member of the Concerned The plaintiffs agreed not gas impacts. The settlement Citizens group as the settlement to oppose future housing the agreement did not address these was made public two weeks ago is company may want to add to environmental issues. CUSTOM SOLUTIONS FOR EVERY Tony Alexander of San Jose, the The law firm representing STYLE AND EVERY BUDGET political director of the United the Concerned Citizens, Lippe Food and Commercial Workers The settlement agreement Gaffney Wagner of San Fran- Union, which represents employ- cisco, is a public interest firm ees of grocery stores including did not address the “protecting the natural envi- Draeger’s and Safeway. environmental issues ronment and public access to Mr. Alexander has not government records,” accord- returned numerous phone calls that were the purported ing to its website. from The Almanac. purpose of the lawsuit. Keith Wagner of the firm The lawsuit, which chal- wouldn’t say how many people lenged the city’s approval of the belong to the plaintiff group. environmental impact review the retail development, Mr. When asked to comment on for the planned project at the Warmoth said. Councilman Boyle’s concern that site — the former home of the Councilman John Boyle not- an anonymous member of the now defunct Cadillac dealer- ed that, given the anonymity of group could challenge the project ship — named the city and the individual plaintiffs, it would again when a housing compo- developer: Peter Pau, president be difficult to know whether nent is added, he asserted such of Sand Hill Property Manage- one of them files another legal a challenge wouldn’t happen. ment; and SHP Los Altos LLC. action against the developer “Why would they?” he asked. The original project called for once a housing plan is brought In 2008, when details of the 110,000 square feet of office and to the city for approval. planned development of the site retail space, including about Before voting to approve the began emerging, Whole Foods 51,000 square feet devoted to a agreement, Councilman Hey- specialty grocery was said to grocery store. The agreement ward Robinson said that, “as dis- be interested in moving there, approved by the council and tasteful as it may be,” approval is which raised concerns by sev- the developer doesn’t reduce the right thing to do. eral business owners. Among the size of the overall project, Mayor Rich Cline said: “I them was Richard Draeger, but limits the grocery store size really have a problem with it. ... whose family owns Draeger’s to 32,000 square feet. It also It sets a real wicked precedent. market. When the lawsuit was prohibits the “self-checkout of If I had my druthers, I would filed, Mr. Draeger said his store alcohol sales” by any retail busi- get in the ring” and fight the was not involved. ness on the site. lawsuit. But the developer, he Mr. Warmoth said passers-by The anonymity of the plain- added, “has been up here too may see some action at the site $500 tiff was a sore point for council many times.” this week. PG&E is scheduled ——— OFF ——— members. But City Attorney The agreement requires the to disconnect utilities, and MUST ACT BEFORE 9-30-10 Bill McClure said the law pro- developer to pay the Concerned building demolition should tecting citizens’ right of associa- Citizens $38,000 in attorney fees begin soon after, he said. A MINIMUM $5,000 PURCHASE. SOME RESTRICTIONS APPLY.
CALLING ON THE ALMANAC OUR PENINSULA SHOWROOMS HAVE CONSOLIDATED. The Almanac newsroom is at 3525 Alameda de las Pulgas, Menlo Park, CA 94025. THE ALMANAC (ISSN 1097-3095 and USPS 459370) VISIT US AT OUR NEWLY EXPANDED AND RENOVATED is published every Wednesday by Embarcadero Media, Classified ads: 854-0858 N E-mail news, information, obituaries 3525 Alameda de las Pulgas, Menlo Park, CA 94025- CAMPBELL SHOWROOM. THE BAY AREA’S LARGEST! Newsroom: 854-2690 and photos (with captions) to: 6558. Periodicals Postage Paid at Menlo Park, CA and [email protected] CERTIFIED GREEN Newsroom fax: 854-0677 at additional mailing offices. Adjudicated a newspaper of general circulation for San Mateo County, The Almanac is N E-mail letters to the editor to: Advertising: 854-2626 delivered free to homes in Menlo Park, Atherton, Portola CAMPBELL SHOWROOM 1190 DELL AVENUE [email protected] Advertising fax: 854-3650 Valley and Woodside. Subscriptions for $60 per year or WWW.VALETCUSTOM.COM 408.370.1041 $100 per 2 years are welcome. POSTMASTER: Send address changes to the Almanac, 3525 Alameda de las FORMERLY EURODESIGN Pulgas, Menlo Park, CA 94025-6558. Copyright ©2010 To request free delivery, or stop delivery, of The Almanac in zip code 94025, 94027, by Embarcadero Media, All rights reserved. Reproduction HOME OFFICES MEDIA CENTERS 94028 and the Woodside portion of 94062, call 854-2626. without permission is strictly prohibited. WALL BEDS CLOSETS GARAGES
July 28, 2010 N The Almanac N 3 Final two weeks: world-class jazz nightly! TOWN OF WOODSIDE 2955 Woodside Road STANFORD JAZZ Wodside, CA 94062
FESTIVAL ADMINISTRATIVE HEARING SPECIAL MEETING TICKETS ON SALE NOW! www.stanfordjazz.org August 4, 2010 3:00 PM JULY PUBLIC HEARING 07/28 100 Years of Django with WED. 7/28: 100 YEARS OF DJANGO WITH JULIAN LAGE, VICTOR LIN & JORGE ROEDER Julian Lage, Victor Lin & 1. State Highway 84 public right-of-way (Caltrans). Joint Pole Jorge Roeder Association (JPA) power pole (members include AT&T, PG&E and Pacific Bell). 07/29 Visions: The Stevie Wonder CUSE#2010-0003 Songbook In the vicinity of 2750 Woodside Road at Hobart Heights 07/31 Rebecca Martin featuring Request to renew a Conditional Use Permit (formerly CUP 00-006) for Larry Grenadier, Steve a wireless facility at Woodside Road and Hobart Heights that requires Cardenas & Larry Goldings renewal after five years. No changes to the facility are proposed.
AUGUST SAT. 7/31: SUN. 8/1: MON. 8/2: 2. Town of Woodside public right-of-way. Joint Pole Association REBECCA MARTIN DAVE DOUGLAS QUINTET PLUS GEORGE CABLES TRIO 08/01 Dave Douglas Quintet Plus (JPA) 08/02 George Cables Trio Power pole (members include AT&T, PG&E and Pacific Bell) CUSE#2010-0004 08/03 Nicholas Payton with In the vicinity of 1600 Canada Road at La Questa Way the Taylor Eigsti Trio Request to renew a Conditional Use Permit (formerly CUP 99-017) for 08/04 Joshua Redman Trio a wireless facility at Woodside Road and Hobart Heights that requires renewal after five years. No changes to the facility are proposed. 08/06 SJW All-Star Jam Session 08/07 Taylor Eigsti Group featuring All application materials are available for public review at the TUE. 8/3: WED. 8/4: SAT. 8/7: Becca Stevens NICHOLAS PAYTON JOSHUA REDMAN TRIO TAYLOR EIGSTI GROUP Woodside Planning and Building Counter, Woodside Town Hall, weekdays from 8:00 – 10:00 AM and 1:00 – 3:00 PM, or by www.stanfordjazz.org appointment. For more information, contact the Woodside Planning and Building Department at (650) 851-6790. ORDER TICKETS Box Office: 650.725.ARTS (2787)
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20 Count – Also Green – Chai STASH PEPPERMINT $ 99 HERBAL TEA 1 3015 Woodside Road Woodside,650-851-1511 4420 Alpine Road Portola Valley, 650-851-1711 8oz. Open 6:30AM - 8PM PHILADELPHIA SOFT $ 99 Fresh Produce Deli Department CREAM CHEESE 1 California 16oz. – Also Beef ORGANIC $ 99 GO SOUTHWEST MARIE CALLENDER'S $ 29 YELLOW PEACHES 1 lb with our YUMMY Chicken Quesadilla CHICKEN POT PIE 2 $ 50 Only each 3oz. – Also Cheddar Pints $ 4 QUAKER NACHO $ 19 BLUEBERRIES 2for 5 CHEESE RICE SNACKS 1 Our Fresh Beef or And our delicious Black Chicken Burritos 5 Roll Hot House $ Bean Salad is a perfect 99 Made in our kitchen. accompaniment. COTTONELLE RED BELL PEPPERS 1 lb DOUBLE ROLL $ 49 $ 99 $ 99 Only 5 lb Only 4 lb BATHROOM TISSUE 4 Meat and Seafood Wines – Summer Favorites on Sale Here are a few of our very best sellers at great savings. This is a good time to stock up! Bone in $ 98 2008 Husch 2008 Edna Valley TURKEY BREAST 3 lb Sauvignon Chardonnay, Blanc, Mendocino Sale $9.99 Reg $11.99 San Luis Obispo Sale $9.99 Reg $11.99 $ 59 2009 Honig 2008 Solitude Sauvignon Blanc, Chardonnay, CHICKEN THIGHS 2 lb Napa Valley Sale $11.99 Reg $13.99 Carneros Sale $21.99 Reg $26.99 Last cases until the 2009 comes out in October! Sale prices do not qualify for further discount.
4 N The Almanac N July 28, 2010 M ENLO PARK | ATHERTON | WOODSIDE | PORTOLA V ALLEY Divided council takes no position on pension initiative By Renee Batti is now burdened by the “unin- new hires to 2 percent at age 60, ment plan dictated by the pen- the initiative would do, Mayor Almanac News Editor tended consequences” of that which would allow a 60-year-old, sion initiative may force the city Rich Cline said he’s troubled decision. “It didn’t turn out the 30-year employee to retire with to move its retirement program by such restrictions on future wo council members have way we thought it would.” 60 percent of the average of his for new hires from CalPERS councils’ authority. Still, he said, forcefully declared their With staff analysis suggesting or her three highest consecutive to another system with higher he leans toward supporting it, Tsupport for the citizen- it would save the city money, the annual salaries. administrative costs and lower “but I don’t think I want to be the driven pension reform ballot ini- council approved the multi-year At the meeting, council mem- investment returns. author of a ballot argument.” tiative, but the Menlo Park City labor contract in 2007 with the bers considered whether to offer The city’s approach involved Noting that he began waving Council will not offer a ballot provision that employees would to write a ballot argument in imposing a two-tiered “2 percent the red flag about the economy argument for the measure set to agree to a lower wage increase support of the initiative; the sup- at 60” formula for new hires on and urging pay cuts several go before voters on Nov. 2. in exchange for the enhanced porting argument would typi- one employee group when its years ago, Councilman Cohen Councilmen John Boyle and retirement benefit, which would cally be written by the sponsor- contract was up for renewal ear- said: “I support this initiative Andy Cohen said at the July 20 take effect in 2009. ing citizens group, headed by lier this year, she noted. (even though) it doesn’t go far council meeting that they sup- As of March 2009, non-emer- residents Henry Riggs and Roy But Councilman Boyle pointed enough. ... Private industry has port the pension measure, which gency employees can retire at 55 Thiele-Sardina. out that the imposed two-tiered taken voluntary cuts; other cities would increase the retirement with 2.7 percent of their highest Before the vote on supporting system for new hires hasn’t gone have taken them. Let the voters age for new, non-police employ- wage, multiplied by every year the measure was taken, the dis- into effect, and might never do speak.” ees and decrease the pension they’ve worked. That allows an cussion centered on the merits so because a second employee The council rejected Mr. Boyle’s payments they receive. employee who has worked for of the initiative, with Council- group will have to agree to it, or motion to offer the citizens’ Arguing for the initiative and 30 years to retire at 55 with 81 woman Kelly Fergusson speak- also have it imposed. group a ballot argument showing urging his colleagues to take an percent of his or her salary. The ing out most strongly against it as Also, he noted, another City council support, with Mr. Boyle official position in support of prior formula limited the benefit being “flawed,” counterproduc- Council could overturn the two- and Mr. Cohen supporting it, it, Councilman Boyle said that to 2 percent at age 55. tive, and “ideology-driven.” tiered system — not an option Mayor Cline and Councilman he would not have voted in 2007 The ballot measure, sponsored “This could end up costing us under the pension ballot initia- Heyward Robinson opposed, to enhance retirement benefits by the grassroots Citizens for more ... than the more measured tive. and Ms. Fergusson abstaining. for city employees if he had had Fair and Responsible Pension approach the council is taking,” Although Mr. Boyle supports Asked later why she abstained, more information. Reform, would among other she said, citing information in placing limits on future councils’ Ms. Fergusson said, “I wouldn’t In hindsight, he said, the city things change the formula for the staff report that said a retire- ability to enhance pensions, as read too much into it.” A Atherton city attorney under fire by mayor By Dave Boyce moment are very, very hungry. Almanac Staff Writer There’s a lack of business out he Atherton City Council there. To me, has not asked City Attorney this is an ideal TWynne S. Furth to reapply time to go out for for her job, which she has held since bids.” February 2009, but such a request Ms. McKeithen could be coming. complained at Ms. Furth’s firm, Oakland- and length about Ms. Sacramento-based McDonough, Furth, includ- Wynne Furth Holland & Allen, is dissolving, and ing that she has the council is considering retain- issues with Ms. Furth’s ethics, that ing Ms. Furth at her new firm, or Ms. Furth lacks transparency and opening up the position for bids. responsiveness, that she extends Some outside analysis may be litigation unnecessarily, and that useful, and maybe residents of this she has an adversarial attitude. upscale town who have experience “That is not to say that Wynne in the law could lend a hand, May- is not a far better attorney than Photo by Chris Michael or Kathy McKeithen said at the our last attorney,” Ms. McKeithen This photo shows the car and carport enveloped in flames. July 21 council meeting. “We need added. some lawyers, some judges, what- Ms. Furth, who had left the Menlo Park fire destroys vehicle, carport ever, to assist us in this process,” room prior to the council discus- she said. “We’ve done a dismal job sion, said “not at this time” when By Dave Boyce a one-alarm fire involving three under control in about 10 min- in the past.” asked for a comment. Almanac Staff Writer engine companies, which gener- utes and continued to douse With the town’s legal expenses at If the council were to decide on a ally means about 15 firefighters the vehicle for another 30 or 40 $400,000 to $600,000 a year, Ms. lawyer without community input, fire in a carport at 1452 from the Menlo Park Fire Protec- minutes, the tenant said, adding: McKeithen continued, “our litiga- there could be a conflict of interest, San Antonio Ave. in tion District. “It just kept smoking.” tion has escalated out of control Ms. McKeithen said. Ms. Furth AMenlo Park destroyed Calls to the fire district were not The tenant, who arrived first on and it’s continuing to escalate out arrived at exonerating conclusions the vehicle parked there, the returned in time for publication. the scene, told The Almanac of an of control. There’s got to be a way in recent investigations of three carport, and nearby facilities at Medics treated one tenant for a attempt to put the fire out with a to do a better job at this. Maybe council members: Charles Marsala around 11:30 p.m. Thursday, minor case of smoke inhalation, portable fire extinguisher. (a citizens committee) can help. on an ethical question, Jerry Carl- July 22, according to a tenant the tenant said. There were no “My face was just burning,” the Maybe not.” son on a parliamentary procedure of the five-unit apartment who other injuries and the building is tenant said. “We might have Councilman Jim Dobbie told witnessed the fire. still inhabited, the tenant said. bought 30 seconds. The burning his colleagues: “Law firms at the See FURTH, page 8 An online record shows it was Firefighters had the flames was just unbelievable.” A
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Se Habla Español Funeral Home FD132 Door-to-Door is Making a Comeback! Door-to-Door Collection of Household Hazardous Waste will Soon be Available to Residents of Menlo Park and the West Bay Sanitary District. Starting Properly and safely managing residential Household Hazardous Waste (HHW) and other items such as fluorescent lamps, computers, and sharps will soon be as easy as picking up the phone or sending an email. Starting August 2, 2010, an exciting new HHW recycling program will provide you a convenient way to get rid of your HHW and other eligible items that cannot be disposed of in your garbage or recycled in your curbside recycling program.
WHAT’S ACCEPTED: WHAT’S NOT ACCEPTED: /%) *! ! ) / !&#& ! #)* / (! ! ) /$$+%!*!&% / )*! ! ) / "!% &%*!% () /+*&$&*!, (& + *) /( ''#!% ) / #+&( ) %*! *)+ ) ) / &$$ ( !# $! #)(for business use) / ** (! ) / !& *!, * (!#) / &$'+* (&%!*&()'*&') &$'+* () / -'#&)!, ) / ## &% ) / !( -*!% +!) () /) &%)+$ ( # *(&%! ) / &%*!% (), ( ##&%) / # %!% (& + *) /&+) &# ( /&#, %*) /&% $'*. (&)&# %) / ! !% )%&% &%*(&## '!##)% ')+# )&%#. / (') *“Sharps Only” Mail Back Option Also Available
For more details on what is or isn’t accepted, call 800-HHW-PKUP (800-449-7587) or visit RethinkWaste.org.
6 N The Almanac N July 28, 2010 NEWS REAL ESTATE Q&A by Gloria Darke Big plans at Sacred Heart schools Cooperative Tenants By Dave Boyce fields and a parking lot. lockers and a storage closet. Almanac Staff Writer Council members Elizabeth The campus master plan Dear Gloria, We have a rental proper- tion to sell the house that has become Lewis and Charles Marsala describes several changes, ty which has been a great investment their home. A difficult tenant can make edesigned sports fields recused themselves and did not including destruction of the for us. However, we have heard that a home sale drag on far beyond your to pay for the health care plan Obama expectations. Hopefully that would not and new classroom build- vote because they both live in Morey science building; replace- and group are going to add another ings for the elementary close proximity to the school. ment of five lower- and middle- put you in the year of increased capital R 3% to the gain on our investment. gains tax. and middle schools are coming The initial phase, set to begin school buildings with four new We think we should try to quickly to Sacred Heart Schools, a pri- in August, will extend a parking buildings, two of which will be sell it before years end but the ten- Problems arise when a tenant makes vate Catholic school complex lot near the corner of Park Lane two-story; a new “mini” tennis ants have a lease thru December. Are showing difficult by not cooperating for about 1,200 students along and Elena Avenue, and relocate, court, and a new gymnasium. there any problems we should know with real estate agents. They can also Valparaiso Avenue in Atherton. realign and rebuild the baseball, The changes to St. Joseph’s about before we proceed to put it on cause the property to look run down The Atherton City Council, in soccer and multi-purpose fields, lower and middle schools repre- the market? and unappealing. Just by not making Harry W. consecutive 3-0 votes on July 21, according to the staff report. sent about 80,500 square feet of the bed and leaving dishes in the sink approved a draft environmental The fields will have synthetic new construction and will Dear Harry, I have not read the health can cause a prospective buyer to turn impact report for the school grass surfaces to sidestep the muddy include a new library, a new care plan but have also heard that they around and walk out. complex’s master plan, and a conditions of winter and spring, the assembly hall and performing will be hitting real estate as one of ways conditional use permit to begin report said. The project includes a arts classrooms, administrative to pay for other peoples health care. So Keep in mind that tenants do have their rights. They can demand 24 hour notice five months of work on playing concession stand with restrooms, offices and a chapel. A it is wise to be aware and position your investments accordingly. before a property is shown and if they insist on being in the house, that is also It is possible that your once cooperative their right. You might offer an incentive Atherton to refund some road-impact fees tenant can suddenly turn into your worse for their inconvenience and coopera- enemy, after they learn about your inten- tion. By Dave Boyce communities. said, referring to the impact of For answers to any questions you may have on real estate, you may e-mail me at gdarke@apr. Almanac Staff Writer Affected residents and/or a 10,000-pound truck as com- building professionals will have pared with that of five 2,000- com or call 462-1111, Alain Pinel Realtors. I also offer a freemarket analysis of your property. esidents of Atherton have to apply for a refund from a pool pound cars. little to cheer about in of $427,000. Councilwoman Elizabeth Rconsidering the town’s Go to is.gd/dCn7g and turn to Lewis agreed to the 40 percent straitened financial condition, Page 130 for an overview of the figure, but said she considers the but for residents who engaged refunding procedure. fee a disincentive to developers. in major home construction The road-impact fee is charged “Real estate is our business in projects during the two years to developers and contractors our town,” she said in an appar- when the town had an elevated and is to be used for repairing ent reference to the absence of road-impact fee, partial refunds the roads their heavy equipment sales tax revenues from retail of those fees might be a reason damages during construction businesses, of which there are to smile. projects. Many cities charge the none in Atherton. The Atherton City Council fee, but a type of road-impact Ms. Lewis said she would voted 4-1 on July 21 to refund fee was successfully challenged prefer that the town make do 40 percent of the town’s road- in court recently, opening the with property and parcel tax impact fee to anyone who paid it door for broader legal challenges revenues. between Aug. 17, 2007, and Sept. and making some cities nervous Mr. Dobbie disagreed. “I don’t 18, 2009. about charging the fee in the think the road-impact fee is Between those dates, the fee future. going to make one whit of dif- was 40 percent higher than it The newly approved plan ference to development here,” he *12 week minimum. Limited time offer. Call for details had been and, as such, Council- is a modified version of one said. man Charles Marsala told his approved in February. Under Ms. Lewis responded with a colleagues, was not consistent that plan, the refund would single word: “Lawsuits.” with such fees in other Bay Area have gone to anyone who paid Indeed, Menlo Park-based the fee from July 2006 to mid- Pacific Peninsula Group has September 2009, when the fee already filed a claim — the first N POLICE CALLS was rescinded. step to a lawsuit — for $300,000 Under this compromise plan, over Atherton’s road-impact Check AlmanacNews.com for proposed earlier by Mr. Marsala fees, Town Attorney Wynne information on reports of criminal but not accepted by the council Furth told The Almanac. activity filed with the Atherton majority, the refund will be While there is now about $1.5 and Menlo Park police depart- limited to the additional money million in the road-impact fee ments and the Sheriff’s Office. paid by builders as a result of fund, the money for the refunds The Bowman program builds the fee hike imposed in August will come from an undesignated confidence, creativity and 2007. Builders who paid fees reserve of the general fund, a 3-2 academic excellence. N BIRTHS from July 2006 to Aug. 17, 2007, majority decided, with Mayor will get no refund. Kathy McKeithen and Council- Menlo Park Any issue that affects Ather- man Jim Dobbie in opposition. +"#' $) ■ Jennie Dal Busco, a daugh- ton’s finances is important Such a fund transfer would ter, June 29, Sequoia Hospital. because the town is “fast correct a use of $432,713 in fee $$"#' $) approaching a fiscal emergency revenues to improve the town’s with a cumulative deficit over corporation yard, a project not $$*-$)%$#$(& the next four years of $4.889 related to road impacts, accord- N GRADS million,” said Alain Enthoven, ing to a staff report. !#'$#**)*$) ■ Joseph Robert Fiorina of Portola a member of the town’s Finance Money collected through fees Valley (Woodside High School class Committee and an emeritus is restricted by law to uses ))((#' of 2006) received a bachelor of professor in Stanford Univer- directly related to the purpose of arts degree in athletic training from sity’s business school, in a July the fee, Mr. Marsala said in an "%'%#, the University of New England in 15 letter to the council. interview. Using the money for May. He is now enrolled in a mas- In opposing the refunds, other purposes can re-charac- +)*$#' ter’s program in athletic training at Councilman Jim Dobbie said terize the fee as a tax, which the California University of Pennsyl- that he is against any refunding. must be approved by voters, and www.bowmanschool.org vania (calu.edu). He is the son of Mo “When you see the damage done could expose the town to law- and Mary Fiorina of Portola Valley. to the roads, it’s exponential,” he suits, he said. A
July 28, 2010 N The Almanac N 7 NEWS
Menlo voters will decide on hotel-tax increase
By Renee Batti Almanac News Editor council doesn’t approve sending the proposed hike to the ballot, oters will be asked to con- “we need to look at raising the sider raising the hotel- utility-users tax,” he added. Voccupancy tax in Menlo Although the city staff report Park from 10 percent to 12 said that, overall, “representa- percent after the City Council tives from the two Menlo Park on July 20 decided it was a rea- hotels felt there would be no dis- sonable way to raise revenue cernable impact if the (tax) rate in the face of the city’s fast-ris- were increased by either one or ing employee two percent,” costs. that appears to Council Councilman Heyward have changed. members strug- Before gled with the Robinson pointed out that the vote, Mike question, voic- police salaries now account Casey, man- ing concerns aging director that the eco- for 39 percent of the city’s of the Rose- nomic climate wood Sand spending — up from 34 Photo by Michelle Le/The Almanac makes this a percent in 2007. Hill Resort, risky time to warned the Work in progress raise costs for council that Down but maybe not out, these basketball hoops at Hillview Middle School along Santa Cruz Avenue in business owners. But after cit- boosting the tax, which hotels, Menlo Park could find renewed purpose once the school is rebuilt. The hoops were cut down to initiate ing the city’s budget realities, motels and inns must charge Phase 1, a four-to-five-month period in which the land is cleared for new buildings. the council voted 4-1 to send the occupants, would take away the proposed increase to the Nov. 2 competitive advantage his hotel ballot. Councilman Andy Cohen has over facilities in Palo Alto opposed the action. and San Francisco in attracting increase. “The travel industry is expressed misgivings about rais- to raising the utility-users tax, Holding up a copy of the non-business customers. That’s in the midst of a fragile recovery, ing the tax, but said he’d be which he called “regressive.” city’s newsletter, MenloFocus, because Palo Alto and other and this is not the time to make willing to compromise on an The hotel tax is a more logical Councilman Heyward Rob- nearby cities have set their hotel visiting our city more expen- increase to 11 percent. But Coun- place to look for increased rev- inson pointed to a pie chart tax at 12 percent, and San Fran- sive,” he wrote. cilman Heyward Robinson and enue, he said, noting that the showing that police salaries now cisco at 15 percent. The Rosewood and the Stan- others cited the city’s need to tax hasn’t been raised in 18 years account for 39 percent of the “Raising it is a risk,” he said, ford Park Hotel contribute raise revenue because of grow- and that the market, driven by city’s spending — up from 34 not only to hotels but to other about 85 percent of all hotel ing costs, especially for police Stanford University, is stable. percent in 2007, he said. Menlo Park businesses that tax — or transit-occupancy compensation, and shrinking The ballot measure approved The city, he said, must find a benefit from the trade the hotels tax — revenue, according to the revenue in other areas, such as by the council would make the way to raise more revenue. “It bring to town. staff report. In addition to those property and sales tax. tax hike effective January 2012. doesn’t have to be (the hotel- Greg Alden, manager of the hotels, there are five motel/inns Mayor Rich Cline spoke force- Mr. Cohen said he opposed the occupancy tax) ... but this is cer- Stanford Park Hotel, issued a in town, the report says. fully in favor of raising the tax to move because the city needs to tainly one option,” he said. If the written statement opposing the Councilman John Boyle 12 percent, saying he is opposed do a better job reducing costs. A
FURTH Furth’s professionalism and faults disputes promptly and equitably.” A special type of water polo clinic continued from page 5 her for not appreciating the serious- “We work hard to give accurate, ness of “improper conduct” in the timely advice to all our clients in an By Wade Avery and Tim Kates, who covered the building department. ethical manner,” she said. “It is not Junior at Menlo School basics. Then, the players worked matter, and Elizabeth Lewis on a Ms. Furth, she alleges, does not always possible to avoid litigation.” with the campers on shooting building permit dust-up. understand her fiduciary duties, Ms. Furth, a graduate of Har- outh Peninsula Water Polo and how to set up an offense. None of those council mem- is heedless of impropriety and vard University’s law school, said Club (SoPen), made up of The day ended with a scrimmage bers criticized Ms. Furth at the the appearance of impropriety, is she chaired a California League Splayers from Menlo School between the kids. meeting. unqualified to “properly conduct of Cities ad hoc committee in and other local schools, hosted its In addition to water polo, the Ms. Furth should be kept on and local governmental affairs, includ- preparing “Practicing Ethics: A 6th annual clinic with members campers learned about health- not “thrown under the bus,” Ms. ing the proper staffing and run- Handbook for Municipal Law- of the Boys & Girls Clubs on July ful eating habits and the team’s Lewis said. “I don’t see it as a golden ning of the building department,” yers,” published in 2004. 16 at the Menlo School pool. philosophy of “being your best.” opportunity to get a much better and is unskilled and uninterested “I keep it on my desk,” she About 25 children from Menlo “It’s really inspirational to deal. We are a very complicated in conflict resolution. added. Park, Redwood City and East watch the whole process,” Bowen town. I think that getting a new Asked for comment, Ms. Furth For 20 years, she was the city Palo Alto learned the fundamen- says. lawyer up to speed will cost us time pointed out that she represents attorney for Claremont. “We had tals of water polo from SoPen After the clinic, campers were and cost us money.” the town and does not run the very little litigation, and what litiga- players, who assumed the role of given healthful snacks, SoPen Mr. Carlson said he considered building department. She said she tion we had, we won,” she said, clinic coaches for the day. shirts, and a certificate for their tapping the legal expertise of the spent “a couple of years” studying adding that this record was “a Most of the children had played participation. community “an interesting idea.” alternative dispute resolution and result of good policies, good pro- little to no water polo. They met Got to menlowaterpolo.com Mayor McKeithen gave City that her firm “believes in resolving cess and good work.” A with SoPen coaches Jack Bowen for more information. A Manager Jerry Gruber two weeks to come up with a proposal. MENLO PARK POLICE CALLS ■ Guest smoked in non-smoking ■ Passports stolen, 200 block of ■ Bicycle with estimated value of N Fraud reports: room and left without paying $200 Felton Drive, July 12. $1,000 stolen, intersection of Lau- A resident’s critique fine, Mermaid Inn at 727 El Camino Commercial burglary report: rel St. and Burgess Drive, July 7. ■ Unauthorized use of credit Real, July 17. ATHERTON card to purchase $23,000 worth Arrest made after stolen jewelry Auto burglary reports: Resident Kimberly Sweidy is valued at $155 discovered in pos- Auto burglary report: Truck bro- of computer routing equipment, ■ Window smashed and esti- in a dispute with the town over a 3900 block of Bohannon Drive, Residential burglary reports: session of suspect in tent, Con- ken into, Atherton Ave., July 16. noisseur’s Marketplace street fair, mated $1,400 theft that includes July 22. ■ lengthy home construction proj- Fraud report: Unauthorized use Bicycle, jewelry and laptop com- July 18. backpack, laptop computer, MP3 of credit card, Elena Ave., July 17. ■ Unauthorized use of credit card puter, together valued at $2,900, player and cell phone charger, 700 ect. In a damning letter read to the to purchase $8,600 in airline and stolen, 1000 block of Menlo Oaks Grand theft report: Watch miss- concert tickets, July 21. Drive, July 17. Grand theft reports: block of Menlo Ave., July 13. council by resident and council ing, Acacia Drive, July 20. ■ Losses of $2,000 in telephone ■ Loss estimated at $27 for stolen ■ Thirty scarves valued at $2,400 ■ Window smashed and Apple critic Jon Buckheit, Ms. Sweidy, scam, 400 block of Burgess Drive, wallet with ID and debit card, 1200 stolen, Connoisseur’s Marketplace iPod stolen, 1100 block of Willow who is out of town, criticized Ms. July 22. block of Willow Road, July 16. street fair, July 18. Road, July 20.
8 N The Almanac N July 28, 2010 NEWS ClearviewClearview
❍ window cleaning ❍ 20 years experience Menlo Park names new police chief ❍ pressure washing ❍ reliable and insured CALL SHAWN c By Renee Batti $179,500. now attending the Naval Post- for free estimate Almanac News Editor According to a press release graduate School for the Center www.clearviewwindowcleaningservice.com from the city, Mr. Roberts of Homeland Defense and ryan Roberts, a com- was hired as a commander Security Masters Program, mander in the Citrus in Citrus Heights in 2006. the press release said. BHeights Police Depart- Before that, he held positions City Manager Glen Rojas ment in Sacramento County, as corporal, sergeant, and said the police chief selection has been offered the job of lieutenant with the Ventura process included interview police chief in Menlo Park. Police Department, where he panels of community rep- The city announced the worked for 20 years. resentatives, staff, and local www.mominabox.net appointment on July 26, say- His experience includes police chiefs and city manag- ing the hiring is pending a work in investigations, nar- ers. The “I Care” package you’ll want to send off background check and “other cotics, SWAT response, train- “Bryan is known for high with your new or returning college student requirements typical for pub- ing, youth and family services, visibility in communities lic safety officers.” and internal affairs, the press where he has worked, as well Mr. Roberts will replace release said. as his engagement and team Bruce Goitia, who retired Mr. Roberts holds a bach- orientation with officers at all /B/AB3=4B63>3<7
July 28, 2010 N The Almanac N 9 Serving Menlo Park, Atherton, Portola Valley, and Woodside for 44 years. Ideas, thoughts and opinions about local issues from people in our community. Edited by Tom Gibboney.
Editor & Publisher Tom Gibboney Anonymous plaintiffs in lawsuit get their way Editorial t may have been legal, but that didn’t make Menlo Park City ers Union, whose members apparently did not want a non-union Managing Editor Richard Hine Council members feel any better about approving a deal last grocery store at 1300 El Camino, the site of a former Cadillac deal- News Editor Renee Batti week with a mostly anonymous group that will substantially ership. In the settlement, Mr. Warmoth’s company agreed to reduce Lifestyles Editor Jane Knoerle I Senior Correspondents alter the design of the recently approved office and retail project at the size of any grocery store from 51,000 to 32,000 square feet, and Marion Softky, Marjorie Mader 1300 El Camino Real. restrict the sale of food items by other tenants and the use of an Staff Writers Using the state’s private attorney general statute, the “Concerned automated checkout for alcoholic beverages. David Boyce, Sandy Brundage Citizens of Menlo Park” sued the city and the developer, chal- Beyond whether these changes will be beneficial for the citizens Contributors Barbara Wood, Kate Daly, Katie Blankenberg lenging the project’s environmental impact review, which the of Menlo Park, the council and other city officials should be con- Special Sections Editors city approved last year. The individual plaintiffs were not named, cerned about special interest groups using this statute to change the Carol Blitzer, Sue Dremann although one name emerged July design of other projects after final city review. In our opinion, there Photographer Michelle Le EDITORIAL 15 after a tentative settlement was no reason for the Concerned Citizens of Menlo Park to operate Design & Production The opinion of The Almanac was reached. Such lawsuits are in secret. Mr. Alexander and the others did not need anonymity. Design Director Raul Perez perfectly legal, and are designed They should have testified before the Planning Commission and Designers Linda Atilano, Gary Vennarucci to give cover to groups of private City Council like everyone else, and if they were not satisfied, chal- Advertising individuals who fear retribution if they challenge large projects. lenged the EIR in a public court case. Vice President Sales & Nevertheless, we wholeheartedly agree with Mayor Rich Cline, What if a similar — after-approval — challenge was filed against Marketing who said: “It sets a real wicked precedent. If I had my druthers, I the hotly contested environmental review of the Menlo Gateway Walter Kupiec would get in the ring” and fight the lawsuit, even though he said he project, before it was decided to give voters the final say, or the sure- Display Advertising Sales Heather Hanye felt compelled to support his colleagues, as well as the developer, to-be-controversial decision that could rezone much of El Camino Real Estate Manager Neal Fine and approve the deal. Real and the downtown area? Real Estate and Advertising The reason: Before last week’s vote, developer representative Jeff In this case, the developer apparently was willing, though not Coordinator Diane Martin Warmoth told the council his company had agreed to settle the happily, to accept demands from the anonymous challengers case, scaling back the size of a planned grocery store at the site and that could seriously damage the viability of the project, which Published every Wednesday at paying $38,000 to the plaintiff’s attorneys. He urged the council had the full approval of the City Council and Planning Com- 3525 Alameda De Las Pulgas, Menlo Park, Ca 94025 members to agree. Without the city’s approval, the project would mission. Litigators may look on these tactics as perfectly accept- have faced even more delays while litigation continued. Newsroom: (650) 854-2690 able, but we see what could be a dangerous precedent that gives Newsroom Fax: (650) 854-0677 The man who was finally named two weeks ago as a member special interest groups a way to make an end run around a city’s Advertising: (650) 854-2626 of the plaintiffs’ group is Tony Alexander of San Jose, the political regulatory processes. Advertising Fax: (650) 854-3650 director of the San Jose-based United Food and Commercial Work- As Mr. Cline said, “It sets a real wicked precedent.” e-mail news and photos with captions to: [email protected] e-mail letters to: LETTERS [email protected] Our readers write The Almanac, established in September, 1965, is delivered each week to residents of Menlo Park, Atherton, Portola Valley and Hotel occupancy tax Woodside and adjacent unincorporated areas of southern San Mateo County. The Almanac could backfire is qualified by decree of the Superior Court of San Mateo County to publish public notices of Editor: a governmental and legal nature, as stated in It’s a sign of the times. Last Decree No. 147530, issued November 9, 1969. week the Menlo Park City Subscriptions are $60 for one year and Council voted to raise the hotel $100 for two years. occupancy tax in our city from 10 percent to 12 percent, with the logic that if Palo Alto charg- es that much, we should. (Red- wood City charges 10 percent). N WHAT’S YOUR VIEW? This tax is the city’s favorite as it’s not shared with the state or All views must include a home address and contact phone number. Published county like other major taxes. letters will also appear on the web site, Of course this is passed on www.TheAlmanacOnline.com, and to the hotel guest, who is not a occasionally on the Town Square forum. Menlo Park resident, so what’s the problem? According to the TOWN SQUARE FORUM manager of the new Rosewood POST your views on the Hotel, it will reduce his volume Woodside Library Collection Town Square forum at because currently there’s an www.TheAlmanacOnline.com advantage to booking premium Our Regional Heritage EMAIL your views to: rooms in Menlo Park compared The Williamson Brothers store and cottage on the left was a fixture on Woodside Road across from [email protected] with Palo Alto (and interestingly, Whiskey Hill Road in the early 1900s. The Haaker Store at the same location was established in 1880 and and note this it is a letter to this market also competes with was replaced by the Williamsons around the turn of the century. the editor in the subject line. San Francisco as a destination). In other words, we may be MAIL or deliver to: squeezing the golden goose too Editor at the Almanac, hard and may actually reduce tenance — which we have done million in the last nine years services back to 100 percent until 3525 Alameda de las Pulgas, the tax receipts. Put this in repeatedly: not good. — more than the entire drop in we tame those expenses, and we Menlo Park, CA 94025. the same category as deferring In spite of the city’s largest sales taxes — we are still falling need leadership that will do it. CALL the Viewpoint desk at library hours and deferring income sources (our share of behind because of personnel Henry Riggs 854-2690, ext. 222. road, parks and systems main- real estate taxes) being up $8 costs. We won’t get our basic city Callie Lane, Menlo Park
10 N The Almanac N July 28, 2010 VIEWPOINT
were people of color; the only communities in the county. County ignores voting rights act person of color who was invited Thus, from my perspective, the to appear was in a county charter review committee was By Henry Organ under “Charter Review Commit- of 2001. The judge ordered the appointed position. This parade not instructed, or constructed, s a member of the coun- tee Materials,” tab 5C.) school district to implement a “by of county officials was ironic by the supervisors to address ty’s charter review com- Support- district” election system, and the and embarrassing evidence of the fundamental and pivotal Amittee, I am very famil- ers of the “at school sought not to appeal. possible voting rights infractions voting rights issues presented by iar with the job the Board of large” system in According to 2000 census data, in San Mateo County’s “at the grand jury over a year ago. Supervisors asked us to consider use today have over 20 percent of the popula- large” system. Nevertheless, I would extend during our deliberations, which noted that this tion in San Mateo County were As further apparent evidence the highest praise to the 2008- began in January of this year and system has been Latino, and the same percentage of the board’s insensitivity or 2009 Civil Grand Jury for its was completed June 23. endorsed by a for Asians. It is reasonable to proj- negligence on issues of repre- effort to serve and alert the From my perspective, our charge majority of the ect that these percentages have sentation and diversity was a county to these important vot- from the supervisors was centered county’s voters GUEST increased in the last 10 years, and lack of diversity in the composi- ing rights issues. The supervi- heavily on two letters to the board in 1978, and OPINION in the same three districts. Yet, tion of the charter committee. sors’ rejection of the charter from the county’s Civil Grand Jury again in 1980. the election of Asians and Latinos Each supervisor was able to committee’s recommendation of 2008-2009. One letter pertained Obviously, to the Board of Supervisors in appoint two individuals. I was to place the election system on to the county’s election system for much has changed in the last 30 San Mateo County is disappoint- privileged to be one. However, I the ballot in November does supervisors and the second to fill- years, particularly ethnic demo- ingly similar to the school district was the only person of color out not remove the cancer. While ing vacancies. graphics, and passage of the voting cited above while under an “at of the 10. In addition, six orga- some may boast of the current What was not adequately rights act just nine years ago. large” voting system. A review of nizations were selected by the “at large” system, and interests addressed by the charter review In its letter, the grand jury nine elections in the 1990s in San supervisors to have a represen- in “regionalism,” neither should committee in recommendations requests the supervisors to take Mateo County shows that two dis- tative on the committee. There be at the expense of voting to the supervisors is this pivotal into account a court case that per- tricts account for approximately were no organizations among rights of individual citizens. question: Is the county’s “at large” tains to the legality/constitution- half or more of the voter turnout; the six in which their corporate election system in compliance ality of “at large” elections. This and these districts are not where mission is serving Latino or Henry Organ is a with the California Voting Rights case was filed in 2008 on behalf there is the highest representation Asian communities, two major Menlo Park resident. Act of 2001? of three Latino citizens against a of Latinos and Asians. (The public is urged to read California school district that had Just as disturbing, the problem the 2008-2009 Civil Grand Jury’s “at large” elections. Of this school extends beyond the Board of letter to the supervisors, dated district’s seven trustees, only one Supervisors in this county. During June 20, 2009, entitled: “Grand was Latino; and, only one Latino the deliberations of the charter AB/<4=@2:7D3:G had been elected to the board in review committee, elected, former Jury support for district elec- 2010 2011 tions for the San Mateo County the last quarter-century. (Over 40 elected and appointed county- PERFORMING ARTS SEASON Board of Supervisors.” It may be percent of the voting population wide officials were invited to /@BA found on the county’s website for was Latino.) The plaintiffs stated make presentations. Not one of AC0A1@7>B7= Supervisors accountable to all county residents By Rose Jacobs Gibson must have a complete county perspective to make hether members of the Board of Supervisors informed and reasonable decisions. 9@=<=A AB :/E@3<13 5/;3:/< should be elected by district or at large is an I respect all of the arguments presented on both ?C/@B3B AB@7<5?C/@B3B oC2/;/<7 sides of the issue, and appreciate the excellent report Wissue that many of us have wrestled with for E32 !=1B AC< "=1B AC<%<=D provided by the Charter Review Committee. In mak- some time. After much thought and consideration, I Kronos is joined by SLSQ performs works One of Bali’s premier believe the residents of this county are best served by ing my decision, I considered them all. I understand Cantabile Youth Singers by Schumann, Elgar, and ensembles in a dazzling at-large elections. It is why I voted some believe that a district system would result in a in Awakening: Haydn, joined by pianist performance of music not to place a measure on our ballot board member’s accountability to the residents of A Meditation on 9/11. Stephen Prutsman. and dance. to change the current system. his or her district. The fact is, however, that over the When members of the board course of my 12 years representing District 4, I have are elected at large, they represent always made myself completely accessible to the the interests of all residents in the residents of District 4. My colleagues have done the county, not just the interests of the same with regard to the residents of their districts. residents in their own district. All And, we are all open and willing to meet with any five board members are therefore GUEST resident throughout the county. A/<9/7 16@7AB7/< ;72=@7@=03@B accountable to all voters, not just a OPINION I am sensitive to the argument that having elections 8C9C ;Q0@723 ;Q2=@ in terms of subject matter, but are also complex and accordingly. I, along with the majority of our board, Solo recital: Legendary The Israeli rock legend The iconic jazz composer layered with competing factors. An at-large election determined that no change was needed. I believe the pianist Ax performs late unites East and West, Charles Mingus lives on current at-large system provides the best representa- works of Schubert. classical and contempo- in his incendiary name- typically attracts candidates who have widespread rary, sacred and secular. sake ensemble. public service experience and who, consequently, tion for San Mateo County and its residents. Rose Jacobs Gibson is a member of the Board have experience making difficult policy decisions. >:CA(>c\QV0`]bVS`aTSObc`W\U1V`WaBVWZS #BOYtQa?cO`bSb ! From my term on the board, I have learned to of Supervisors representing District 4, which @S\\WS6O``Wa>c`S[]dS[S\b ;W\Uca2g\Oabg /<2;/ July 28, 2010 N The Almanac N 11 Jim Byrnes presents... 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