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January 16, 2004

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Palo Alto Online

Publication Date: Friday, January 16, 2004

News Digest News Digest (January 16, 2004)

Man accused in Palo Alto hit-and-run appears in court

A Santa Cruz man facing manslaughter charges for allegedly running down a fellow partygoer in Palo Alto last October appeared in court Wednesday, but did not enter a plea, according to the Santa Clara County District Attorney's Office.

William Hill, 21, will likely enter a plea during his next court appearance on Feb. 20, his defense attorney Paul Meltzer said.

Hill was charged with felony vehicular manslaughter while intoxicated and felony assault in connection with the Oct. 5 death of Chad Snow.

Snow was allegedly run down by a sport utility vehicle driven by Hill during an altercation outside a party in the 2100 block of Cowper Street in Palo Alto. Snow succumbed to his injuries two days later.

-- Bay City News Service
'Cordell bill' approved by state Senate committee

A minor change to a California conflict-of-interest law, designed to solve Palo Alto Councilwoman LaDoris Cordell's legal quandary, is expected to go to the full California Senate next week, following the Senate's Local Government Committee 4-1 approval Wednesday.

Sen. Dennis Hollingsworth (R-Temecula) voted against the change.

Cordell, elected to the Palo Alto City Council last November, is a vice provost at Stanford University who took office earlier this month in spite of the technical conflict.

The law, Section 1090, prevents cities from negotiating new contracts with their council members' employers, except for non-profit organizations. Existing contracts also cannot be amended.

The city and Stanford currently share millions of dollars in numerous contracts, including ones for fire protection services, utilities and a lease for El Camino Ballpark, that are currently frozen. An upcoming deal for new soccer fields is being held in limbo until the matter is resolved.

The bill, authored by Sen. Byron Sher (D-Palo Alto), would amend the law to let Stanford be treated the same as any other college and university in California.

Sher's change, Senate Bill 1086, would amend the law to exempt a "non-profit entity," not merely a "non-profit organization." Stanford was created through a series of legal trusts because the current law creating non-profit organizations did not exist in the late 1800s.

Mayor Bern Beecham and Interim City Attorney Wynne Furth attended the committee's afternoon hearing. Beecham spoke in favor of the change, saying that Cordell was "emphatically elected" by the city's voters, he recalled afterward.

A representative of the Association of Independent California Colleges and Universities also supported the change. A Palo Alto resident opposed it, asking what would prevent a conflict of interest if the change were made. Even if Sher's bill passed, Cordell still could not participate in any business before the council relating to Stanford.

If approved by the full Senate, the bill would move to the state Assembly, where it could first be referred to the local government committee. It needs to be signed by Gov. Arnold Schwarzenegger to take effect.

-- Jay Thorwaldson & Bill D'Agostino

Disability lawsuit settled -- with councilwoman's help

With the aid of new Councilwoman LaDoris Cordell, the city of Palo Alto settled a lawsuit with handicapped resident Joe Villareal this week, agreeing to give him $300,000 in compensation for injuries caused by a broken wheelchair lift at Rinconada Pool.

In May of 2001, Villareal toppled to the ground when a bolt broke off the lift. The city admitted it was at fault for the fall, but disputed the amount of restitution Villareal deserved, saying that he only fell approximately 18 inches. Villareal's attorney alleged that his associated future healt- care costs totaled $425,000.

Villareal is a politically active resident who, through his company, Ondas Election Services, provided paid support to Mayor Bern Beecham's recent re-election campaign.

In settling the lawsuit, the city also agreed to have Villareal speak with city staff about the lift's compliance with the Americans with Disabilities Act, a late request that Senior Assistant City attorney Bill Mayfield described as a "feel-good" measure.

The involvement of Councilwoman Cordell -- a former superior court judge -- in the negotiations, as a council delegate was unusual. Both sides credited her with helping to resolve an impasse in the lawsuit, which had been scheduled to begin trial this week.

"Until she got involved in the process, we weren't able to get anywhere on this thing," Villareal's attorney, Paul Van Der Walde, said.

Van Der Walde also noted that he was planning on giving approximately $20,000 of his lawyer's fees to Villareal, to purchase a needed electric wheelchair. -- Bill D'Agostino
Cable causes two hour blackout

A faulty cable caused a two hour blackout for utility customers in downtown Palo Alto on Monday, according to Linda Clerkson, public relations manager for the city's Utilities Department.

Nearly 1,300 customers, including the Red Cross, were affected by the outage, disrupting businesses and causing stop lights to go blank. The blackout began at 11:30 a.m.

The cable has been replaced. --Bill D'Agostino
Residents sought for city attorney search panel

The City Council is seeking six residents to serve on a panel to help in Palo Alto's unhurried search for a new city attorney. Interested residents should contact Mayor Bern Beecham by Feb. 1.

The council is hopeful the new city attorney will start on June 1. The position has been vacant since September when former City Attorney Ariel Calonne left to become the city attorney in Boulder, Colo.

Interim City Attorney Wynne Furth is one of the candidates for the post, and was recommended by Calonne prior to his departure.

Even though it's been more than four months since the city had a permanent head of its litigants, and it is likely to be another five months until someone takes the position, council members are not worried.

"We have such a competent interim city attorney, its not a crises or an emergency," Councilwoman Judy Kleinberg said.

The City Council is expecting to interview top candidates for the city attorney position in April, and the panel of residents will also interview them at that time. . --Bill D'Agostino
New downtown business district approved

Businesses located on and near University Avenue will have to pay a new fee this year to help revitalize the sagging downtown, thanks to council's approval of the Business Improvement District on Monday night.

The district was proposed a year ago by downtown merchants hoping to have more funds for promotions and events. Some professionals -- such as psychologists and dentists -- initially opposed the measure, feeling they would not get as much benefits as retailers, despite paying similar fees.

Once the payment amounts for such professionals were lowered, the outcry was muted. The highest annual fees, $500, will be paid by banks.

The council's approval was unanimous. --Bill D'Agostino


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