Community leader Elizabeth 'Liz' Goldberg dies at ... - Almanac News

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By David Boyce Almanac Staff Writer The idea of exposing an underground creek and allowing it to run through the lawn at Portola Valley’s Town Center moved closer to reality last week, but the Town Council vote that authorized it had an unusual alignment. On the question of whether the council should support a proposal to raise $1 million to free part of Sausal Creek from a culvert buried under the 11.2-acre site, an environmental champion voted against it, a spending skeptic voted for it, and a hard-nosed finance realist abstained. A majority of the five-member council, on a vote of 3-1-1, opted to make an initial outlay of $400,000 from the general fund to design a 280-foot stretch of creekbed for the north-flowing creek after it passes from under 8 ■ The Almanac ■ September 19, 2007 the baseball field. The majority echoed the sentiments of some 25 residents in the audience. The new creekbed would form a boundary between a community green to the west and a native meadow to the east. The creek tends to be dry except during the rainy part of the year. The council acted Wednesday, Sept. 12, after considering options outlined in a report from a community study last year. A consultant experienced in “daylighting” buried creeks gave a presentation. The decision comes in the context of an ongoing donor-funded $20 million project — still about $2.5 million short — to build a new library, town hall, community hall and recreational fields. A grand opening is expected in late 2008. Integrating a $1 million creek element to the project would presumably put the overall shortfall N E W S New twist in Park Theatre saga ■ Andy Duncan proposes city buy theater and lease it back to him. By Rory Brown Almanac Staff Writer When Menlo Park resident Andy Duncan first came forward with his plans to restore the Park Theatre and turn it into a dance studio, he asked the City Council only for nods of approval. But in August, he upped his request and said he needed $500,000 from the city to make his plan a reality. Now, he has a new plan: The city should buy the 60-year-old theater for $2.2 million, and lease it to him. The council could consider Mr. Duncan’s latest proposal as soon as Sept. 25. Talking to a handful of residents at a Sept. 12 community meeting in the Burgess Recreation Center, Mr. Duncan unveiled a plan to restore the exterior of the deteriorating movie house on El Camino Real, and remodel the interior to make way for the Menlo Park Academy of Dance. The dance academy is currently housed a block away from the theater, and co-owned by Mr. Duncan’s mother. Mr. Duncan suggested the city buy the theater and the land from the current owner, Atherton resident Howard Crittenden, for $2.2 million. He’s proposing that the city then grant him a 55-year lease, so the Menlo Park Academy of Dance can move into the space. Mr. Duncan said he would pay the city $750,000 upfront, plus ongoing payments yet to be determined to lease the property. He said he would foot the bill for restoring historic elements of the building, including the exterior, the neon sign, the ticket booth, and the lobby. The costs of restoring the theater and converting it into a dance studio are estimated to be $2.5 million, Mr. Duncan said. Still public funds Last month, Mr. Duncan asked the City Council for a $500,000 grant or loan for his project, but many residents have expressed major concerns with giving taxpayer dollars to a private business. He called his new proposal a “win-win,” stating that the theater would be restored, and be the city’s to keep once the lease ends. “Under this plan, we keep the Menlo Park Academy of Dance in downtown Menlo Park, and the city gets a restored theater at a major discount,” he said. But other than Mayor Kelly Fergusson, council members have hesitated to support a plan that requests the city pitch in financially. “Again, I have great reservations with the city being a partner in a private business enterprise,” said Councilman John Boyle. Councilman Andy Cohen said he didn’t see much in the way of “public benefit” in Mr. Duncan’s latest proposal. Councilmen Richard Cline and Heyward Robinson said they needed more details on the proposal before making a decision. Precedent? Mr. Duncan and Mayor Fergusson said there is a precedent for the city buying land and leasing it to a private business: the city owns the property at 1000 El Camino Real — the site of an office building built by Matteson Reality. City Attorney Bill McClure said in the 1970s, the city did purchase — and still owns — the 1000 El Camino Real site, but the city acquired the land during efforts to re-align Ravenswood Avenue with Menlo Avenue. The land was not acquired in conjunction with Matteson Reality, but the city opted to lease the property, at marketrate rent, after the road work was completed, Mr. McClure said. He said the lease lasts through 2037. A ■ CORRECTION The Almanac reported in a Sept. 12 story that Councilman Richard Cline was opposed to using public funds to help restore the Park Theatre. The story should have read that Councilman Andy Cohen, not Mr. Cline, was opposed to the plan. at $3.5 million, though fundraising for the creek would be a separate matter. Mayor Ted Driscoll, Councilwoman Maryann Moise Derwin and Councilman Richard Merk voted to spend $400,000 for a creek design. “We run around town waving our little green flag,” Ms. Moise Derwin said. The town taxes itself to create open space and it’s not going to daylight a creek? “It’s absurd,” she said. “We are stewards of natural resources, which includes creeks and ponds. I think we should just do it.” Moving the project to $21 million from $20 million “will energize fundraising,” said Mr. Merk, who frequently indicates a preference to err on the side of caution. “It’s a risk that we need to take.” In response to a reminder from Councilman Steve Toben that, in 2005, the council agreed to Is the Park Theatre really historic? By Rory Brown Almanac Staff Writer Add Menlo Park Historical Association board members to the list of people who don’t think taxpayer dollars should be used to restore the Park Theatre. Their reasoning is that the deteriorating 60-year-old theater isn’t really all that historic. “We think there’s a lot of other buildings with a higher priority for historical designation than a cement building built 60 years ago,” said Gilbert Workman, a member of the nonprofit’s board, which documents the city’s history. Mr. Workman said he and his seven colleagues on the board voted unanimously to oppose the use of public funds to restore the Park. Mr. Workman relayed the message the following evening when Menlo Park resident Andy Duncan presented a new plan to restore the theater that would require the city to first buy the El Camino Real property. “Whether it’s for historical preservation or some other reason, every other business in town may want city funds if this plan gets approved,” Mr. Workman said. He noted that older buildings, such as the Open creek in the works for Town Center project not draw from the general fund for capital projects, Mr. Driscoll said the town would borrow the $400,000 from the general fund. The town also has an untapped $4 million line of credit from the county. Abstaining was Councilman Ed Davis, the council’s finance man, who cited the funding shortfall and the countervailing argument of community momentum behind creek daylighting. “You’re seeing a person who’s really torn,” he said. “We’ve been running this project on time or slightly under time, and on budget or slightly under budget. This complexity so late in this project adds a degree of risk.” Mr. Toben called adding the creek element a “bet on the come,” a poker term describing a player who, expecting to draw good cards, bets on a hand “to come.” “I don’t think that’s prudent,” British Bankers Club building, which was built in 1926 and served as home to city hall, the library and police station, are more worthy of historical designation. Cultural relevance But Mr. Duncan and his San Francisco-based architect, Mike Garavaglia, said the cultural relevance of the Park Theatre, not necessarily its age, is what makes it historically significant. Mr. Garavaglia said the theater is likely to be eligible for the National Registry of Historical Landmarks, a list of landmarks that allows a 20 percent federal tax break on restoring the building, because art deco-style theaters aren’t easy to come by. “These one-screen theaters are becoming less and less common,” Mr. Garavaglia said. “This project would restore the key aspects of the theater that make it unique. ... I’ve seen other projects like his get on the national list.” Mayor Kelly Fergusson, one of the strongest proponents of Mr. Duncan’s efforts to restore the theater, has repeatedly said the restoration of the theater makes the use of public funds worthwhile. “Preservation of a cultural resource is an asset,” she said. A he said. “We don’t have $500,000 in our pocket to launch this part of the project.” Community support The council audience included several creek optimists. “If we start a fundraising drive, we will have the money in no time,” said resident Marianne Plunder. “I think we’ve been headed this way for a long time,” said resident Danna Breen, adding that the creek would “complete” the project. “If it is practical to do so without derailing the (overall) project, I think (this alternative) would be a good one,” said resident Derry Kabcenell. Mr. Kabcenell and his wife Charlene have donated $1 million to the Town Center project. As to the safety of an open creek, Marty Mackowski, a member of the community group that studied the issue, said he had heard of no liability issues in conversations with officials in other California towns with creeks. A
N E W S Council settles lawsuit alleging racial bias on police force By Rory Brown Almanac Staff Writer The Menlo Park City Council voted unanimously last week to settle a lawsuit alleging racial discrimination in the police department, but council members say the city is not at fault in the case, and they approved the settlement to cut legal costs. Under the settlement, the city agreed to pay $165,000 — $55,000 each — to three former black officers who allege they were harassed and discriminated against by Sgt. Ron Prickett when working for the city’s police department. The settlement was approved by the council in a closed session on Sept. 11, and announced in open session later that evening. Council members, City Attorney Bill McClure, and Suzanne Solomon of the San Francisco-based firm Liebert Cassidy Whitmore, who represented Sgt. Prickett, said approving a settlement was easier and less expen- ■ MENLO PARK sive than going to trial. “The cost of litigation, even if you’re 100 percent sure you’re going to win, can go into the hundreds of thousands of dollars,” said Councilman John Boyle. Former officers Keith Butler, Joe Hinkston, and Kenneth Clayton filed their lawsuit in San Mateo County Superior Court in October, and sought $2 million in collective damages. The officers alleged that Sgt. Prickett “created an intimidating, hostile, abusive and offensive working environment” through a number of actions, including placing white-supremacist images in the workplace and calling their attention to them. Wendy Bemis of San Franciscobased Bemis and Associates, who represented the plaintiffs, said the former officers, all of whom have moved on to departments in other cities, wanted to “put the case and Menlo Park behind them.” “We think if we went to trial, we would have gotten a higher verdict,” Ms. Bemis said in an e-mail to the Almanac. “The demands of the case on the plaintiffs’ schedules at their new respective police departments were increasing and would continue to increase through trial.” Sgt. Prickett and the three former officers could not be reached for comment. Earlier this year, Police Chief Bruce Goitia said “outside counsel” looked into the allegations, and it was determined there were no signs of racism or a hostile work environment. Council members said that, despite settling, they stand by the results of that investigation. “The chief said if there was any indication the allegations had merit, Ron Prickett would not be working for our department, and I believe that,” said Councilman Heyward Robinson. Chief Goitia deferred questions to police spokesperson Nicole Acker, who had no comment. A Morrow takes plea deal in wife’s murder By Andrea Gemmet Almanac Staff Writer After three years of delays, it seemed as if Joseph Eli Morrow would never go to trial on a first-degree murder charge that he killed his wife Donna in order to avoid an expensive divorce. And now, he never will. On Sept. 10, as the trial was finally about to get started, Mr. Morrow reached a plea deal with Prosecutor Steve Wagstaffe. On Sept. 11, a gray-haired and pot-bellied Mr. Morrow pleaded guilty to a lesser charge of seconddegree murder, and seven felony counts of assault for spousal abuse dating back to 1981. Mr. Morrow, 59, faces 25 years to life in prison when he appears in court at a sentencing hearing set for Oct. 24. In exchange for his plea, prosecutors dropped the special circumstances allegation of murder for financial gain, a charge that could have landed him in prison for life without possibility of parole. Prosecutors contend that a few days before Christmas in 1991, Ms. Morrow, 37, had decided to end her abusive marriage, but she never got the chance to file for divorce. Instead, Mr. Morrow killed her in their Menlo Park home, buried her body on undeveloped land near Los Gatos, and later fled the country under an assumed name, said Chief Deputy District Attorney Steve Wagstaffe. “It’s my fervent belief that he strangled her,” Mr. Wagstaffe said. “The daughter heard a loud argument, then she heard her mother’s voice go quiet.” According to Mr. Wagstaffe, when Mr. Morrow’s previous wife asked for a divorce, he knocked her down the stairs and choked her until she was unconscious. Back in 1991, Mr. Morrow claimed the couple simply had an argument, after which his wife left the house and disappeared. “All (Donna’s) friends said, the thing that mattered to her more than anything in her life, were her four children,” Mr. Wagstaffe said. “She never would have left them on Christmas.” Menlo Park police Sgt. Jim Simpson worked for years to keep the cold case alive. He finally caught a break when Mr. Morrow, who is thought to have fled to the Philippines in 1993, was arrested near Manila in early 2003 and extradited to the U.S. on passport fraud charges. Ms. Morrow’s skeletal remains were unearthed on the Los Gatos property in September 2003 after Mr. Morrow’s former handyman led law enforcement officials to the spot where he said Mr. Morrow asked him to dig a deep hole for a water feature. Mr. Morrow was indicted by a criminal grand jury in November 2003. The trial was set to begin in Feb. 2004, but a series of postponements, medical problems suffered by attorneys on both sides, and legal maneuvering by the defense team made it seem as though the trial would never get started. Defense attorney Robert Courshon said the plea deal was driven by Mr. Morrow’s children’s desire to see their father get out of prison on parole. “His kids all want to see him get out at some time. That’s why Lisa, one of his daughters, went in to try to convince Wagstaffe to allow him to plea to second-degree (murder),” Mr. Courshon said. As for Mr. Wagstaffe, he said he doesn’t think Mr. Morrow will ever be paroled. He’s lining up witnesses to testify at the sentencing hearing in order to make sure any future parole board has “all the grimy details” about Mr. Morrow, he said. Ms. Morrow’s surviving family members will be flying in from Missouri to testify, Mr. Wagstaffe said. “He’s criminal and violent. This is my one chance to express the outrage that society feels about what he did, “ Mr. Wagstaffe said. “The saddest part for me is that ... Donna’s mom Shirley Rubio didn’t get to be here. She died a couple of years ago, and the most important thing to her was to see this carried out.” A Bay City News contributed to this report You give me your financial goals. I’ll give you powerful tools to help achieve them. Looking for for a representative a representative who who offers offers (his/her) his financial fi nancial solutions? Then Then look look to me to me for: for: • Life Insurance • Annuities • Estate Strategies Charles E. (Ted) Pollock, CLU ® ® CLU , ChFC • Retirement Strategies Financial Representative • Disability Income Registered Representative • Mutual Funds CA. Insurance lic. 0453266 • Long-Term Care Insurance New England Financial I focus on helping people create, conserve, and 950 Tower Lane, Suite 1000 Foster City, CA 94404 distribute assets. To learn more, call me today. 650-286-5800 Fax: 650-286-5818 tpollock@sf.nef.com ® , ChFC ® • Life Insurance • Annuities • Estate Conservation Strategies • Retirement Strategies Financial Representative • Disability Income Insurance CA. Insurance Lic. 0453266 • Mutual Funds New England Financial • Long-Term Care Insurance 950 Tower Lane, Suite 1000 Foster City, CA 94404 I focus on helping people create, conserve, and 650-286-5800 distribute assets. To learn more, call me today. Fax: 650-286-5818 tpollock@sf.nef.com Charles E. (Ted) Pollock is a Registered Representative of New England Securities Corp., 950 Tower Lane, Ste. 1000, Foster City, CA 94404.New England Financial is the service mark for New England Life Insurance Company, 501 Boylston Street, Boston, MA, a MetLife company. Securities products offered through registered representatives of New England Securities Corp., Boston, MA (member FINRA, SIPC) CD200604020, Exp.07/30/2008 September 19, 2007 ■ The Almanac ■ 9
Page 1 and 2: Community leader Elizabeth ‘Liz
Page 3 and 4: This week’s news, features and co
Page 5 and 6: Short takes We want some Mo! Wonder
Page 7: By Marion Softky Almanac Staff Writ
Page 11 and 12: By Marjorie Mader Almanac Staff Wri
Page 13 and 14: Kepler’s Kids From left: Author J
Page 15 and 16: N E W S Supes limit big houses in L
Page 17 and 18: NEWS OF LOCAL PEOPLE AND EVENTS IN
Page 19 and 20: C O M M U N I T Y Local hearing Wed
Page 21 and 22: F O R T H E R E C O R D Partying te
Page 23 and 24: LETTERS Continued from previous pag

Community leader Elizabeth 'Liz' Goldberg dies at ... - Almanac News

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