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Vol. XXVI, Number 49 • Friday, March 18, 2005 ■ 50¢ The ‘Upside’ of Costner Check out the Weekly’s WeWeekend eEdition k l y Page 21 new online classifieds at fogster.com www.PaloAltoOnline.com Artist John Cadigan finds balance in his wood carvings Page 8 Kevin Hagen Worth A Look 15 Eating Out 17 Movie Times 22 Goings On 29 Crossword Puzzle 50 ■ Upfront Palo Alto bids for stem-cell center Page 3 ■ Sports Sister act highlights NCAA women’s showdown Page 35 ■ Home & Real Estate Five homes to delight Section 2 /NEHOUR/NEVISIT/NEDAZZLINGSMILE )NJUSTONEHOUR "RITE3MILEgSBREAKTHROUGHTECHNOLOGYALLOWSYOUTOHAVEYOURMOSTNATURALLYBRILLIANTANDHEALTHYSMILE THATLASTSFORYEARS9OURSATISFACTIONISGUARANTEED.OWISTHETIMETOGETYOUR"RITE3MILE SAVE ON"RITE3MILE/NE(OUR4EETH7HITENING CALL ORVISITBRITESMILECOM 5SEPRIORITYCODE 30!7 "RITE3MILE3PA (AMILTON!VE 0ALO!LTO Page 2 • Friday, March 18, 2005 • Palo Alto Weekly UpfrontLocal news, information and analysis Berkeley; and three major airports. Although the land is owned by Palo Alto bids for stem-cell center “Biotech is an engine of the Stanford University, the academic Peninsula. The marriage of biotech institution has no part in the bid, Stanford Research Park offered as headquarters for $3 billion funding agency and venture capital is strong,” said Arpan said. If it did, the university Deborah Bringelson, president and would be unable to apply for funding by Jocelyn Dong which California voters approved to the state Wednesday. CEO of Peninsula Policy Partnership from the stem-cell agency due to a last year authorizing $3 billion in Palo Alto joined with other and SAMCEDA. conflict of interest. alo Alto threw its hat in the ring funding for such research. The center Peninsula cities to submit a proposal Despite applying jointly, individ- Instead, the property’s leaseholder this week to host the state’s will make grants and provide loans under the leadership of Peninsula ual cities offered their own office joined with the city. Pheadquarters for stem-cell to universities and institutions for Policy Partnership and SAMCEDA. buildings in the proposal; ultimately “We have a brain trust — that’s research, a bid that could bring research and facilities. The umbrella group will try to only one location will be chosen what this area offers,” Arpan said, immediate prestige and future indus- Although the actual headquarters sell the Peninsula as a prime loca- Palo Alto pitched space in its citing the local academic research try dollars. will house only 50 employees in a tion for biotech, citing its proximity Stanford Research Park, according to centers and the intelligent workforce. The stem-cell center, known as the 17,000-square-foot office, cities to industry giants like Genentech Susan Arpan, the city’s manager for “Given our strengths, we have a California Institute for Regenerative throughout California are chasing and Chiron Corp.; universities such economic development and redevel- decent chance. ... We’re hopeful.” Medicine, is the result of Prop. 71, after the opportunity. Bids were due as Stanford, UCSF and UC opment. (continued on page 7) PLANNING POLICE ON TRIAL ‘Palo Alto Report: Process’ Cops’ actions draws lawsuit ‘text-book Developer seeks $3 million perfect’ in damages after four-year quest to build Deputy D.A. withheld by Jocelyn Dong document for a month by Bill D’Agostino well-known local real-estate developer filed suit this week he attorney prosecuting two Aagainst the City of Palo Alto Palo Alto police officers did for repeatedly rejecting his building Tnot hear what he wanted after project, calling the much-delayed asking San Jose police Sgt. Jeff application “a poster child for what Martin to review the case in is wrong with the development January. process within the city.” In an 11-page report, Martin For more than four years, the firm argued the officers acted in a “text- of Peery/Arrillaga has tried to devel- book perfect” manner while han- op 2300 East Bayshore Road, former dling motorist Albert Hopkins. Norbert von der Groeben home to Scott’s Seafood Restaurant After receiving the report, and four old office facilities. Deputy District Attorney Peter The lawsuit, brought by John Waite failed to notify attorneys Arrillaga and his relatives, seeks $3 representing officers Michael Kan million in damages and asks for a and Craig Lee about the document rehearing of the application. until approximately one month For years, the city’s lengthy later. The defense attorneys argue approval process has been a source Waite, who hoped Martin would of frustration for local real-estate be an expert witness for his side, Palo Alto police officers Michael Kan (back) and Craig Lee (right) leave Superior Court on Wednesday developers, who claim that nit pick- was required to share the report. with Lee’s attorney, Craig Brown. ing costs them plenty in revisions of Kan and Lee, are facing a felony architectural plans and the loss of assault charge and a misdemeanor because he was black. Waite, who Department’s internal investiga- rent. battery charge related to a July 13, was unavailable for comment, is tion, a written statement from a wit- Palo Alto’s way of doing business 2003 incident where they pepper- accusing the officers of using force ness and transcripts from the pre- even drew fire from City Auditor sprayed Hopkins and beat him with without proper justification. liminary court hearing. Sharon Erickson, who called the batons. Whether the jury will ever see According to Martin’s report, planning process “duplicative, Jury selection began on Monday Martin’s report or hear from him on Lee saw Hopkins sitting in a gray redundant, uncoordinated and waste- and was not completed by the the witness stand is still an open Honda near the corner of El ful” in a 2003 report. Weekly’s deadline. question. Santa Clara County Camino Real and Oxford Avenue Last May, the City Council Hopkins, who said he suffered Superior Court Judge Andrea in Palo Alto around 10:30 p.m. The approved an overhaul of the system. knee damage from the attack, was Bryan had not ruled on the issue by officer was patrolling the area The Peery/Arrillaga project never charged with a crime in con- the Weekly’s Thursday deadline, because of a high number of bur- received its first denial from the nection to the incident. but was expected to do so. The glaries reported in the region. Planning and Transportation Martin’s report, however, judge had earlier ruled against the When Lee approached and Commission back in Sept. 2002, argued Hopkins could have been defense’s desire to include other asked Hopkins if he was OK, which was followed by the council’s charged with resisting or expert witnesses. Hopkins was immediately bel- rejection that December. More meet- obstructing a police officer. Martin is a 20-year veteran of the ligerent, according to the report. ings — before the Architectural According to the sergeant’s San Jose Police Department who Hopkins allegedly cursed at Lee, Albert Hopkins Review Board, planning commission interpretation of the events, offi- trains officers in the correct use of accused him of racial profiling and council — ensued in 2003 and cers Kan and Lee acted with dis- force and has frequently testified in and demanded that he go away, Although Lee did not initially 2004. cretion while handling Hopkins. police brutality trials. His report on the sergeant wrote. ask Hopkins for identification, the In November, the City Council In the past, Hopkins has accused the Hopkins case is based on police (Hopkins is black; both of the officer eventually did so and was denied the project once again, saying the officers of targeting him accounts, the Palo Alto Police officers are Asian-American.) refused, according to the report. the 73,932-square-foot office build- (continued on page 5) ing just east of Highway 101 wasn’t (continued on page 7) Palo Alto Weekly • Friday, March 18, 2005 • Page 3 Upfront 703 HIGH STREET, PALO ALTO, CA 94302 (650) 326-8210 PUBLISHER William S. Johnson EDITORIAL Jay Thorwaldson, Editor Marc Burkhardt, Managing Editor Jennifer Aquino, Associate Editor Allen Clapp, Carol Blitzer, Assistant Editors ReaderWireReader comments via e-mail, voice mail and U.S. mail Keith Peters, Sports Editor Rick Eymer, Assistant Sports Editor Robyn Israel, Arts & Entertainment Editor Color-coded killers This same issue closed the Army Don Kazak, Jocelyn Dong, Senior Staff Writers Street Sears and a South Market Landlords killing Palo Alto retail Bill D’Agostino, Alexandria Rocha, Staff Writers San Jose Safeway during that stupid Norbert von der Groeben, Chief Photographer areas (Weekly, March 9)? No, no. time. In every case, consumer con- Nicholas Wright, Staff Photographer Instead, think color-coded parking Tyler Hanley, Assistant to the Editor venience suffered because only a & Online Editor zones. Now — drive to Stanford fool (or Co-op) would take such Sue Dremann, Staff Writer, Special Sections Shopping Center where we can shop abuse. Jeanne Aufmuth, Dale Benson, Lynn ‘til we drop without moving our cars. Comeskey, Tim Goode, Jim Shelby, Barbara Cleveland East Palo Alto needs to assure Jill Slater, Susan Tavernetti, Robert Taylor, prospective companies that such Contributors Kipling Street, Palo Alto Tai Khandaker, Carol Palinkas, Editorial Interns destructive activity will not be given Naomi Brookner, Photo Intern a pass, and that extortionate DESIGN The bad seed demands will result in felony convic- Carol Hubenthal, Design Director So what is with the number-one-in- tions. Judith Alderman, Assistant Design Director Diane Haas, Lynda Lumish, Sue Peck, Senior the-country Stanford women getting Walter E. Wallis Designers; a number-two seed in the NCAA tour- Waverley Street, Palo Alto Mindi Casillas, Ben Ho, Dana James, nament (Weekly, March 16)? Scott Peterson, Designers PRODUCTION Didn’t realize they counted the bal- Jennifer Lindberg, Production Manager lots in Florida.