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City restores emails to council log By Sandy Brundage Almanac Staff Writer
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n the wake of outrage over the deletion of public emails sent to the City Council, the city of Menlo Park has now decided to restore comments sent about a popular gymnastics instructor to the city’s public website. “After reviewing the original postings that were removed and balancing the interests of the employees involved and the public’s interest and in consultation with the city attorney, we will be reposting the original emails this afternoon,” Assistant City Manager Starla Jerome-Robinson announced Friday, March 1. The emails f looded the council’s in-box after parents learned that Michelle Sutton, who taught gymnastics for the city, had been fired.
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While an earlier complaint, dated Jan. 30, from a couple who were unhappy with Ms. Sutton’s demeanor during an encounter at the gymnastics center remained on the city’s website for a week, the city abruptly removed
Menlo Park reverses decision to remove comments about gymnastics teacher. both the complaint and at least a dozen emails of support for Ms. Sutton once parents began writing the council to challenge her termination. According to city staff at the time, the emails
Council meets on tech upgrades, duplex appeal By Sandy Brundage Almanac Staff Writer
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n Tuesday, March 5, the Menlo Park City Council will gather to discuss matters including approving contracts to upgrade the city’s phone system and the police department’s radio equipment, as well as a councilman’s request that his colleagues think about reconsidering a vote taken on a proposed duplex project. In February, the council overturned a Planning Commission
N C A L E N DA R Visit AlmanacNews.com/calendar to see more calendar listings
Community Events Pancake Breakfast - Troop 206 Atherton All-You-Can-Eat Pancake Breakfast with Formula 206 Flapjacks, fresh fruit and juices, sausage links, coffee, cocoa and assorted teas. March 9, from 8 a.m. to noon. $5 per adult, $5 for 2 kids (age 10 and under). Visit bsa206.org. Trinity Church Parish Hall, 330 Ravenswood Ave., Menlo Park. Portola Valley Broom Pull Participants help pull invasive French broom along Portola Valley roadways on March 9. Bring gloves. Refreshments provided. 9 a.m.-noon. For more information, call J. Eastman Email pjeast@pacbell.net. Portola Valley Town Center, 765 Portola Road, Portola Valley. Exploring the Common Good discussion series Members of the Ladera Community Church will facilitate discussions on topics such as education, health care, the environment and gun control. Sundays Feb. 3-March 17, 11 a.m.-noon. For more information, call Holly Kennedy at 650-854-5481 or email Holly@Ladera.org or visit ladera.org. Ladera Community Church, 3300 Alpine Road, Portola Valley.
Kids & Families Afternoon Cow Wow Kids ages 5 and up can help milk Cleo the Cow, hang out with the new baby calf, and learn fun cow facts while they help feed and care for the dairy queen. March 9, 3:30-5 p.m. $25 per person. Hidden
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approval by voting 4-1 against a proposal to construct a duplex on a 112-foot by 54-foot lot at 1976 Menalto Ave., with Mayor Peter Ohtaki casting the sole vote in favor of the project. Now, Vice Mayor Ray Mueller has asked that the council think about returning the item to a future agenda for a re-vote. “After speaking to a majority of the members of the planning commission to gain their insight Villa, 26870 Moody Road, Los Altos Hills Bi-lingual Story Time (English-Spanish) Parents can introduce their babies to Spanish with stories, songs and rhymes. March 18, 11-11:30 a.m. Information: Call Kathryn at 650-851-0560 or email portolavalley @smcl. org. Portola Valley Library, 765 Portola Road, Portola Valley. Cheese Please Attendees llearn how to make mozzarella cheese on the farm, search the garden for edible flowers and greens, then create a pita pizza and salad for lunch. Kids-only class; no adult required to attend. March 9, 10 a.m.-noon. $35 per child. Information: Call Lisa Veliz at 650-949-9704 or email lisaveliz@gmail.com. Hidden Villa, 26870 Moody Road, Los Altos Hills. Gustafer Yellowgold’s Rock Melon Tour Equal parts pop rock concert and animated storybook, Gustafer Yellowgold concerts are a different multimedia experience. March 13, 4:30 p.m. Call 650-328-2422. Atherton Public Library, 2 Dinkelspiel Station Lane, Atherton. Introductory Geocaching Family Hike This interactive outing is for families and children (who can hike 3 miles). They join docent Bill Overall and REI Outdoor School instructor Chris Green to search for geocaches, or hidden treasures, using (provided) GPS units. March 9, 10 a.m.-2 p.m. Call 691-2150 (enter Option 2) or visit openspace.org/activities. Los Trancos Open Space Preserve Magical Moonshine Puppet Theatre presents the Puppet Man, a traditional European style street theater show for all ages. March 11, 3:45-4:30 p.m. For more information, call Woodside Library at 650-851-0147 or email woodside@smcl.org. Woodside
left the city vulnerable to a defamation lawsuit and related to a confidential personnel matter. Many questioned whether the city even had legal standing to delete the emails in the first place. Jim Ewert, media law expert and legal counsel for the California Newspaper Publishers Association, called the removal “ludicrous,” arguing that emails to the council are public records just like comments made during public meetings, which are archived on the city’s website. Even if the emails had conveyed confidential personnel information — which Menlo Park has apparently now decided they didn’t — the city can’t be held liable for defamation based on comments made by the public in the scope of a public hearing, according to Mr. Ewert. A
REAL ESTATE TRENDS by Samia Cullen
A Listing Agent’s Obligation to Disclose About Other Offers In a hot market it’s not unusual for several prospective buyers to compete for the same property. What does the listing broker have to disclose about other offers to interested buyers in a multiple offer situation? The realtor Code of Ethics Standard of Practice 1-15 provides that “realtors in response to inquiries from buyers or cooperating brokers shall, with the sellers’ approval, disclose the existence of offers on the property. Where disclosure is authorized, realtors shall also disclose (when asked) whether offers were obtained by the listing licensee, another licensee in the listing firm, or by a cooperating broker.” The listing broker’s failure to make this disclosure when asked violates Article 1 of the Code as interpreted by Standard of Practice 1-15. The listing broker has a fiduciary duty to adopt and follow a policy on multiple offers that’s reviewed with the seller before any offers are received.
The policy should state that the seller will decide how multiple offers on their property are to be handled, because it’s the seller who may not get as high a price if some buyers aren’t told about other buyers’ offers. It’s also the seller who risks losing all offers if potential buyers back out after being told of other offers. The seller should understand the risks and instruct the broker how they’d like the situation to be handled. If the seller gives the listing broker permission to tell buyers about other offers, the brokers in our area usually reveal only the existence of those other offers and not the amount or terms. However, it is advisable for buyers to sign a confidentiality agreement with their broker and include that agreement in the contract to ensure that the terms of their offer are kept confidential. The realtor Code of Ethics helps ensure that all involved in a transaction are treated openly, fairly and on a level playing field to prevent unpleasant consequences.
I offer complimentary staging when I list your home. Contact me at (650) 384-5392, Alain Pinel Realtors. To learn more, log-on to samiacullen.com
and information from their study sessions, personally visiting the parcel and neighboring parcels, and re-reviewing the materials, I reached the determination I had enough information not available to me in the first hearing, that it was appropriate to reconsider the matter in an open meeting,” Councilman Mueller said. The council will also hear an appeal of city staff’s decision to let a developer build a driveway on Louise Street (see story on Page 5). Go to tinyurl.com/cc4m9dv to review the agenda. The regular meeting starts at 7 p.m. in the council chambers at the Civic Center at 701 Laurel St., following a closed session 5:30 p.m. A
Library, 3140 Woodside Road, Woodside. The Lego Club Children ages 5-11 can come with their imaginations to Lego Club. March 16, 11 a.m.-noon. For more information, call Angela at 650-851-0560 or email portolavalley@smcl.org. Portola Valley Library, 765 Portola Road, Portola Valley.
Outdoors Birds of Bedwelll Bayfront Park Wintering ducks are flying north, while other birds prepare for spring. Attendees can enjoy close-up views of different birds through the scope. Heavy rain cancels. March 9, 10:30 a.m.-12:30 p.m. For more information, call Chris at 650-325-7841 or email friendsofbayfrontpark@gmail.com or visit friendsofbayfrontpark.org/. Bedwell Bayfront Park, end of Marsh Road at Bayfront Expwy, Menlo Park
Talks/Authors Batik: Spectacular Textiles of Java Batik is an artistic tradition of the Indonesian island of Java. This docent lecture and slideshow describes the art of batik that is on exhibit until May 2013 at the Asian Art Museum. March 14, 7-8 p.m. For more information, call Portola Valley Library at 650-851-0560 or email portolavalley @smcl.org. Portola Valley Library, 765 Portola Road, Portola Valley. The Age of Edison In late 19th century arguably the most important invention was Thomas Edison’s incandescent light bulb. The Age of Edison places the story of Edison’s in the context of a technological revolution. Ernest Freeberg in conversation with John Hollar. March 7, noon-1 p.m. Visit computerhistory.org/events. Computer History Museum, 1401 N. Shoreline Blvd., Mountain View.
Great time to sell The Median Sale price of a home in Portola Valley in the previous year was $2,214,000
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Call or Email Matt to find out how to attract the savvy Palo Alto buyers Matt Skrabo Realtor 650-804-6673 matt@mattskrabo.com www.mattskrabo.com Dre# 01910597
March 6, 2013 N TheAlmanacOnline.com N The Almanac N 7