September 19, 2009
"Glee" tackles the highly controversial issue (at least in Walnut Creek) of high school carwash fundraisers--with girls donning bikini tops!
The Rat Squad out protesting again, this time outside a new restaurant renovation
September 17, 2009
English teacher pleads not guilty to five felony counts of sex with 17-year-old former student
The complaint, filed in Contra Costa County Superior Court, offers a few more details about a case that has disturbed a large number of people in our area.
Litton, 34, appeared in court Tuesday to answer to five counts, stemming from two separate encounters with "Jane Doe" on July 2 and July 4 in Walnut Creek. Litton's address shows that he lives in a second-floor apartment in an older building not far from downtown Walnut Creek and the Mercer complex. I stopped by his apartment to see if he had any comment, but no one was home.
Litton is charged with committing unlawful sexual intercourse, sexual penetration of a person under the age of 18, and oral copulation with a minor on July 2. He is also charged with unlawful sexual interourse and sexual penetration of a minor on July 4.
He has retained a private attorney and will be back in court September 24.
On this blog and others, his arrest has provoked heated and heartfelt debate about the sexuality of teenagers, particularly teenage girls; the age at which a person can reasonably give consent to sexual relationships; teacher/student relations; and the dynamics of power and authority in sexual relationships. A few of us, including myself, looked back on on our own teen years and recalled situations in which we got ourselves mixed up in situations that might not be considered healthy and that could be construed as illegal.
We also remembered teachers in our local schools who, we knew, were mixing it up with students; we even remembered cases of high school teachers who went public with their affairs with students, once the students graduated from high school.
Lawsuits, threats of preliminary injunctions? For now, C3 Collective will stay open
The city would like Walnut Creek’s first medical marijuana dispensary to cease its operations, until the city has a chance, through a program it authorized at its City Council meeting Tuesday night, to study the various legal implications of having such a business in town, before it gives its go-ahead for any such storefront to open its doors.
The city filed a lawsuit in Contra Costa County Superior Court, asking a judge to order C3 Collective to halt its cannabis dispensing operations. Realistically, any trial and final decision for this lawsuit is a year out, confirmed City Attorney Paul Valle-Riestra. The city is likely to seek a preliminary injunction, asking the court to suspend C3’s operation pending resolution of the lawsuit.
As of Thursday night, C3’s doors were still open for business, and its staff remained determined to provide its “medication” to patients in need, an employee said. I tried to reach C3 Collective CEO Brian Hyman, but he was in meetings, including in an
C3 Collective is currently violating the city’s 45-day moratorium on medical cannabis dispensaries and is racking up fines of $500 fines. On Wednesday, Hyman told me that his dispensary was determined to remain open, mostly out of obligation to its clients who suffer chronic pain and other medical conditions whose symptoms are alleviated by the use of marijuana.
In any event, if C3 Collective shuts its doors, because it can't afford this legal battle, another collective is posed to step in and take its place.
At Tuesday night’s City Council meeting Larry Flick of Greenleaf said he plans to open what he calls a "wellness center." C3 Collective also billed itself as a wellness center. Like C3, Flick said his shop would dispense medical marijuana, as well as offer massage, yoga and counseling. Flick said he plans to work with the city on opening his center.
A major criticism of C3 among Walnut city staff and leaders is that it opened this summer and billed itself as a “wellness center,” with no mention, initially, that it would also provide medical marijuana, Valle-Riestra said. The city only learned indirectly that this pot club had opened in town, and the city had nothing on its books to say how it would regulate shops that distribute medical marijuana. Walnut Creek laws also prohibit activity in town that is banned by federal law.
So, the city asked for the 45-day moratorium and on Tuesday voted to establish this staff work program to study if and how to allow pot clubs to open in town, including the zoning and legal implications.
Tippi, Tippi, Tippi: Hitchcock’s classic The Birds (and Tippi) in Orinda Friday night; and, by the way, What’s your favorite Hitchcock film?

People talk about Hitchcock films being suspenseful and scary. Suspenseful maybe. Scary, not really. What I love about his best films is how psychologically rich they are, how lushly romantic, how darkly humorous, and how sharp they are about picking apart our views of male and female identities and of relationships between the two genders. Hitchcock had a dark, twisted sense of humor, and of the human condition, which is very much evident in The Birds.
Friday night’s event begins at 7 p.m. The screening of the film is preceded by a chat between Ms. Hedren and Diablo magazine’s senior editor Peter Crooks.
I’ll be going with my son. It’s time to introduce him to the genius of Hitchcock, and I think The Birds is a good one to start with. I first saw it around his age, and it both terrified and delighted me.
Will you get your child immunized for the swine flu?

The Contra Costa County Health Department briefed all superintendents in the county concerning swine flu (H1N1). This year the health department does not plan to close schools; however, the agency is monitoring our attendance patterns to note fluctuations. The Health Department is recommending that all students receive immunizations for both H1N1 and the regular flu. Since 0-19 year olds are most at risk for H1N1, in low income schools, the vaccine will be provided. However, WCSD will not qualify. Therefore, the Health Department is encouraging parents to vaccinate children when the vaccine for swine flu (H1N1) becomes available. The ealth Department is also recommending a regular flu vaccination for students. The doctors reminded us that students will need to receive each immunization in two doses. For adults, regular flu vaccination is recommended.
September 16, 2009
Doctors hosted health care Town Hall forum in Walnut Creek Wednesday night with top medical experts: Did you go?
Health care problems are as complex as they are abundant, but few voices are offering anything that focuses on the deeper, underlying issues. Two seasoned physicians will share a vision for progressive change, inspired not only by experience but by a deep awareness that we must build community in a meaningful way if we are to heal what is broken around us. Join us for an evening of hard truths, positive solutions and fresh perspectives.
Besides Neiman Marcus, the Walnut Creek Council also voted on two downtown venues that dispense mind-altering substances: 1515 and C3 Collective

The City Council agreed at its meeting Tuesday night to allow 1515 Restaurant Bar and Lounge to extend its hours to 1 a.m. after hearing from Tony and Jack Dudum, the son-and-father owners. Tony and Jack Dudum, and their supporters, made the case that the city should support local business owners in light of the tough economy.
The Dudums said that their North Main Street business, which serves food and dispenses cocktails, beer, wine (containing the drug, alcohol), is a classy operation that caters to a more mature, upscale crowd—unlike, I suppose, other bars and clubs that cater to wild, drunken 20somethings. As in their appearance at the July 23 Planning Commission meeting, the Dudum duo talked about their profile in the community; being long-time local residents who care about Walnut Creek and its success, and of their desire to give back to the community by hosting charitable events.
The Council was amenable to allowing 1515 to extend its hours from 12:30 a.m. to 1 a.m. after the Dudums rescinded their request to stay open until 1:45 and to provide dancing and live entertainment. The Dudums agreed to scale back their appeal as a way of showing good faith in working with the city, which, by the way, is in the midst of trying to figure out—through a task force—how it regulates and polices all its liquor-dispensing restaurants and clubs in downtown.
And, yes, I’m sure I’ll get some flak for referring to 1515 as dispensing “mind-altering” substances. Then again, what is alcohol, if not a mind-altering substance?
As I’ve said before, it’s my drug of choice, and I’ll even be at Walnut Creek’s Fall Wine Walk this evening, tasting some nice wine—that’s right, ingesting my drug of choice—at this Downtown Business Association-hosted fundraiser for local schools.
And, sure, I bet you can see where I’ll be heading now and in the future with this debate about the presence of Walnut Creek’s medical marijuana dispensary, C3 Collective.
Onto the C3 Collective issue, in which the Council voted to set up a staff “work group” to study options for regulating medical marijuana dispensaries in town.
Last night’s discussion brought out quite a crowd of speakers, including a gentleman who said that he would soon submit an application to the city to open a second pot club in town.
Most of the other speakers were medical cannabis users, and most lived in Walnut Creek or nearby towns. Two were Rossmoor residents, who said that C3 Collective, which opened this summer on Oakland Boulevard, offers an important product for locals who suffer chronic pain and other discomfort from cancer and other medical conditions. Some said they would prefer to use marijuana to alleviate their pain symptoms than more “toxic” mainstream drugs like Vicodin and Oxycontin.
One speaker, who lives in the neighborhood around Oakland Boulevard, expressed concern about the nuisance crime and riff-raff this dispensary might attract.
But another speaker pointed out—rightly—that 1515 Restaurant and other alcohol-dispensing establishments in downtown had long attracted their share of riff-raff and nuisance crimes. In fact, in the city staff report for Tuesday night’s City Council consideration of 1515 Restaurant’s appeal, police noted that riffraff and nuisance behavior at 1515 in a month-long period had required police attention a total of seven times.
In one case, agents from the state Alcoholic Beverage Control (what were they doing at 1515, by the way?) arrested a customer for public intoxication and had to call police when other drunken customers tried to interfere with the arrest. In another case, in late July, a resident called to say that he had to go to 1515 to pick up his very boozed-up daughter, who could no longer speak or walk and had to be carried to the car. The man said the 1515 staff had over-served his daughter.
So far, according to C3 Collective staff, police have not had to respond to their dispensary for such incidents. And C3 CEO Brian Hyman has insisted, at the Council meeting, and in a conversation with yours truly, that he operates within the state Justice Department guidelines for medical cannabis dispensaries. He adds that more than 60 percent of his clients are 40 years and older and 35 percent are women. Fewer than 10 percent are under the age of 21, and he mentioned a couple of incidents in which local teenagers, armed not with marijuana prescriptions but just with driver’s licenses—duh!—tried to come into C3 Collective and buy pot. They were politely turned away.
Well, the presence of C3 Collective raises a whole host of issues that the city must study—legal, zoning, crime, and the overall appropriateness of such a business in the city. The staff will take several months to complete their study, completing it, at the earliest, in March. The results should help the Council make a final decision on whether to allow C3 Collective or any other dispensary to set up shop in town.
This lengthy time frame disappointed C3 supporters, because legally, C3 must suspend its operations until it receives approval from the City Council to dispense its brand of medications. However, C3 CEO Brian Hyman vowed to stay open, at a cost of $500 a day in fines. He said he can’t let down his club members, medical patients, he says, who depend on his product to stay pain free and to function in their daily lives.
In their testimonials in favor of C3, supporters pointed out that Walnut Creek is an East Bay center for the health care industry, with our two large hospitals, John Muir and Kaiser Permanente. Why, they wondered, can’t Walnut Creek take the lead on this medical marijuana issue, be at the forefront of cities around the state in finding ways to accommodate legitimate, legally-compliant medical pot clubs—which are allowed under the state voter-approved Proposition 215.
To them, the debate over C3 represents important questions about people’s rights to gain access to medication. C3 is not in the business of peddling mind-altering substances for recreational use—unlike, say 1515 Restaurant, or any restaurant or bar in town, classy and upscale or not.
September 15, 2009
Neiman Marcus vote to proceed to November 3 ballot
The council had already decided that it would leave it up to voters to say yes or no to the project, and put the development project on the November 3 ballot. Actually, the city was legally obligated to put the matter up for a vote within a certain time frame. That's because more than 15 percent of registered voters in the city signed a petition for an initiative, asking for the city to approve the project or to put it up for a vote.
So, Measure I was not in question for City Council members Tuesday night, despite a judge's ruling in favor of a lawsuit filed by Neiman Marcus opponents.
The language of Measure I comes from the initiative designed by residents who support Neiman Marcus, and whose pro-Neiman position is financially backed by Broadway Plaza owner Macerich.
In an apparent attempt the block the development, Neiman Marcus opponents filed a lawsuit demanding, among other things, that the city also include their two referenda on the November 3 ballot, along with Measure I. The anti-Neiman Marcus effort is backed by Taubman Centers, a rival mall developer that owns Sunvalley shopping mall and had hoped to bring Neiman Marcus to San Ramon. Their referenda asked for a city vote on specific aspects of the project, unlike the initiative, which supposedly asked for a yes or no on the project in its entirety.
At Tuesday night's meeting, Neiman Marcus opponents Ann Hinshaw, Selma King, and Ken Hambrick accused the City Council engaging in unethical, undemocratic, and "smoke and mirrors" practices to keep their referenda off the November 3 ballot. They wanted their referenda included on the ballot, so that residents would have what they view as a full opportunity to decide whether or not they want this store in downtown Walnut Creek.
City staff, council members ,and Neiman Marcus supporters have rejected the idea--and continued to reject the idea Tuesday night--of asking voters to sort through the initiative, plus two separate referenda, when they go to the voting booth.
One city resident suggested--and I agree--that the latest courtroom maneuverings and referenda ballot demands of Neiman Marcus opponents show that Taubman is "at the end of its rope." The resident, speaking before the council, said: "At this point all they want to do is create confusion. Something is terribly wrong with what they're trying to do."
Councilwoman Cindy Silva, like the other four council members, rejected the idea of putting the referenda on the ballot: "One ballot, one date, one question, one measure--that is the thing we should do in a representative form of government."
Councilman Kish Rajan concurred that "there are no issues in those referenda that are not addressed by Measure I. [Opponents] have the opportunity to vote no if they don't appreciate or don't like it. I don't think we are trying to deny people their rights or their ability to say what they think about this project. ... For those who said, 'we want to vote on the project, you'll get to vote.' "
So, there you go. The Council's decision. We'll see how long it stands. I hope city residents get the chance to vote in November on a simple ballot measure that asks whether or not they want this store to come to Broadway Plaza. City residents need to vote as soon as possible on this issue--and then move on.
Alas, we'll see if Taubman, and its citizen agents, have something else up their sleeve--lawsuit or otherwise--to confuse residents and prolong a controversy that has already wasted much time, energy, and money.
Walnut Creek does well in the latest API sweepstakes. And how does your kid's school rate?

The good news about Walnut Creek public schools? They also scored above 800, with most going above 900. And, if you didn't know it already, these numbers mean a lot, and not just to school district administrators whose schools must meet a minimum standard of progress to qualify for certain kinds of federal funding.
Most of the schools listed below lie in either the Walnut Creek or Mt. Diablo Unified Unified school districts. Las Lomas High School, in downtown WalnutCreek, lies in the Acalanes Union School District, as does Acalanes, whose official address is Lafayette but counts some Walnut Creek residents in its student body.
Parkmead Elementary, 938 (WCSD)
Walnut Heights Elementary, 935 (WCSD)
Walnut Acres Elementary, 934 (MDUSD)
Valle Verde Elementary, 927 (MDUSD)
Indian Valley Elementary, 918 (WCSD)
Bancroft Elementary, 903 (MDUSD)
Acalanes High School, 902 (Acalanes)
Walnut Creek Intermediate, 902 (WCSD)
Murwood Elementary, 887 (WCSD)
Foothill Middle School, 881 (MDUSD)
Las Lomas High School, 858 (Acalanes)
Northgate High School, 855 (MDUSD)
New information (?) emerges in Ilene Misheloff's abduction as police search Garrido's home in unsolved cases

In the official, public version of Ilene Misheloff’s disappearance, she was seen leaving her Dublin middle school on the afternoon of January 30, 1989. And then she never made it home or to her ice skating practice Maybe at one point, in the nearly 21 a long time ago, police mentioned having a witness who described seeing someone who looked like Ilene getting into a car that afternoon.
But it was never a point they never emphasized, either because they thought the witness’ memory was sketchy or because this information was something they wanted to keep to themselves. “We never had any eyewitnesses to say for sure that she was abducted,” said Lt. no eyewitness to say for sure she’s been abducted,
Now, Dublin police say this witness’ sighting, and the car described by the witness, is one of the factors that helped them secure a to join Hayward police in the search of the Antich home of Jaycee Lee Dugard’s accused kidnappers, Phillip and Nancy Garrido.
Hayward police are looking for any evidence at Garrido’s home and yard, and on a neighboring property, that Garrido was involved in the November 1988 kidnapping of Michaela Garecht, 9, of Hayward. Of the possibility that Garrido could be Michaela’s kidnapper, Lt. Christine Orrey of the Hayward police said that, of the more than 13,000 tips investigators received, “this is one of the strongest leads we’ve pursued thus far.”
An eyewitness, Michaela’s friend, actually saw her being pulled into a car outside the neighborhood grocery store that the two girls had biked to on a Saturday morning. This fact was mentioned in every story about the abduction, and a police sketch of a suspect accompanied most stories.
A beat-up sedan towed from Garrido’s property is similar to the car Michaela was pulled into, says Orrey. The brazen daylight kidnapping of Michaela is also similar to how Jaycee was abducted. She was grabbed in view of her stepfather as she made her way to a bus stop near her South Lake Tahoe home in June 1991.
Moreover, photos of Garrido from the late 1970s and early 1980s, with him wearing stringy shoulder-length hair, are similar to the police sketch of Michaela’s abductor. Finally, Garrido was living in a halfway house in Oakland at the time of her kidnapping.
Dublin police are being a bit more restrained in suggesting, in any way, that they have solved Ilene’s disappearance, which has haunted the community of Dublin since it happened. However, Lt. Kurt Von Savoye said the sedan found on Garrido’s property is also similar to the car Ilene may have gotten into.
Both lieutenants say the search of the Garrido property and an adjacent property, for which Garrido served as a caretaker, started at 7 a.m. and could take several days. The search will be thorough and methodical. Police and criminalists will be looking for clothing that belonged to either Ilene or Michaela and, yes, they will be looking for remains. The search could involve digging under the house, and even razing parts of it.
Sharon Munch, the mother of Michaela, said at a later afternoon press conference: “I’m hoping this will lead to a resolution.” She, of course, hopes that Michaela, like Jaycee after 18 years, will turn up alive.
Munch said she always wondered if the same person who kidnapped Jaycee had abducted her daughter, because of the similarity in the description of the suspect.
She added that she spoke to the eyewitness in her daughter’s case, Michaela’s friend, who told her that Garrido looks as much like Michaela’s kidnapper as anyone she has so far seen.
As police search Garrido's home in other child abductions, more suspicious activity reported around Walnut Creek school kids
UPDATE: School officials warn of suspicious activity around Walnut Acres Elementary and Walnut Creek Intermediate and in the Parkmead Elementary area.
Claycord.com reports that the principal of Walnut Acres Elementary in Walnut Creek had sent out a notice regarding an incident earlier today. A young man on foot, and "mumbling under his breath," approached a fourth-grader at Walnut Acres back gate after school was dismissed. The student stomped on the man's foot and ran away to safety. "Please note that this man does not match the description of the person involved in the situations at Pleasant Hill Middle School," wrote Principal Colleen Dowd.
Early today, I reported that Walnut Creek School District Superintendent Patricia Wool had just sent out this advisory to parents, about two incidents involving men with cameras, possibly photographing students. One was in the Parkmead area and one was near Walnut Creek Intermediate.
School and police officials are on alert following the possible attempted kidnapping of children near Pleasant Hill Middle School and in Concord, and of a man and woman acting suspiciously around Foothill Middle School in Walnut Creek. To read more about these incidents, click here.
I wouldn't be surprised if some of these alerts to police and school officials have to do with heightened awareness about stranger abductions in light of all the publicity surrounding the kidnapping of Jaycee Lee Dugard, who, now 29, was discovered living with a registered sex offender in Antioch since her 1991 kidnapping.
Police, by the way, are back at Garrido's home today, searching it and a neighboring property for clues in two other child kidnappings from the late 1980s: the November 1988 abduction of 9-year-old Michaela Garecht of Hayward and the January 1989 kidnapping of 13-year-old Ilene Misheloff of Dublin. Hayward police, in particular, are following up on "probably the strongest lead that's ever come in," regarding Michaela's abduction. She was pulled into a car by a man, the police sketch of whom bears a resemblance to photos of Garrido in the late 1970s and early 1980s. At the time of Michaela's abduction, Garrido was living in a halfway house in Oakland.
Anyway, here is Wool's letter:
Dear Walnut Creek School Community:
The Walnut Creek School District is trying to keep you up to date as information comes into the district about descriptions of suspicious actions in the area. I just met with my principals and will pass on two incidents concerning potential photography of students. The first was a sighting of a man in the Parkmead area taking pictures of WCI students at the bus stop. The police were called, and this proved to be someone who lives in the area concerned about traffic and student safety.
The second incident occurred yesterday at WCI where some female PE students reported a man allegedly taking pictures of a PE class from the trail. The girls reported the man to the principal; the East Bay Regional Park District Police were called and did an area check. They found nothing.
We are all trying to be vigilant and will report to the community potential threats. Please know that the police are called, and the administration does follow up on all incidents.
Students at the middle school and elementary schools have been briefed by teachers and administration twice. Students are certainly encouraged to not walk alone to or from school. Again, we will continue to provide information as it becomes available.
Stroll and taste wine in downtown Walnut Creek Wednesday to benefit local schools

Proceeds benefit the Walnut Creek Education Foundation WCEF K-12 and the Northgate Community Pride Foundation. Local retailers are matched with Bay Area and Napa Valley wines to serve some of Northern California's best wines.
Oprah’s so full of you know what. She says "I want Jaycee!"

Oprah’s flak says, no, no, no, her boss has not secured the interview, and then sniffs: “We don’t pay for interviews.”
Sure, it’s probably true that Oprah has not yet secured the interview, but it’s not for lack of effort or desire on her part. In this interview with The Insider last week, the talk show queen (whose show’s ratings are suffering, by the way) states emphatically “I want Jaycee” and that she has expressly put her peeps on the job of nailing that interview. Remember, it was Oprah, also the Queen of Sensitivity, who was responsibility for this particular horror of reality TV. In 2007, she secured an interview with recently recovered teen kidnap victim, Shawn Hornbeck, shortly after his release from 51 months of captivity.
Regarding Jaycee Dugard, recovered after 18 years in captivity and who knows how many instances of physical and sexual abuse, Oprah tells The Insider’s Samantha Harris: "I want that interview."
September 14, 2009
UPDATE: Missing Walnut Creek man, 77, found
