Issuu

Rhetoric continues to spill over from town’s earlier sessions Drew Penner, Reporter

The wheels of town government came to a grinding halt Sept. 7 as an unruly audience that included anti-maskers, anti-vaxxers, police union representatives and public safety advocates shut down a Los Gatos Town Council meeting. The descent into chaos is part of a pattern of increasingly shrill rhetoric that began last spring during public comment periods of virtual meetings and has spilled over into the physical realm as Los Gatos reopened the meetings to in-person attendance. When Mayor Marico Sayoc called the meeting to order, she remarked on the volume of protesters in attendance, kicking things off by reading the signs and symbols policy. It foreshadowed a major disruption that would occur a few minutes later. “It's lovely to see signs,” she said, adding that those attached to poles or sticks aren’t permitted. “If you could just bring those back to the lobby, that would be great.” Under the policy, advocates can hold items broadcasting a particular viewpoint, as long as they aren’t raised above shoulder level. ➝ Council, 6

Heroes LG remembers Mark Bingham and Todd Beamer, who gave their lives on 9/11 to save the Capitol

FLY AWAY “Extraordinary acts on behalf of ordinary people,” reads the plaque at the 9/11 Memorial in Los Gatos that commemorates the actions of hometown heroes Todd Beamer and Mark Bingham. They were two of the people responsible for helping bring down Flight 93 in the midst of the Sept. 11, 2001 terrorism attacks. Veterans, government officials and local community organizations gathered near Los Gatos High School, where they attended, to reflect on their selfless actions—and those of first responders in the wake of the attacks on the World Trade Tower and Pentagon 20 years ago. For video of the ceremony, visit losgatan.com.

Drew Penner/Los Gatan

POLICING WOES LEAD TO CHAOTIC COUNCIL MEETING

vol . I, no. 2 : september 15-21 , 2021 : losgatan.com

‘UNMET NEED’ FOR CANNABIS Town asking for residents’ input on allowing dispensaries Judy Peterson, Reporter

When voters approved Proposition 64, the 2016 initiative that legalized recreational marijuana sales in California, 62 percent of Los Gatos residents voted for the measure. But Prop. 64 allowed municipalities to prohibit dispensaries within their jurisdictions, so Los Gatos banned them. Today, there are 42 retail cannabis dispensaries in our area, town attorney Rob Schultz said. The coverage area he cited extends from the Peninsula to San Jose. Schultz is reaching out to Los Gatos community groups, service clubs and other organizations to encourage residents to participate in a survey that will help decide if the town council allows retail cannabis sales. ➝ Cannabis, 6

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POLICE CHIEF DECENA RESIGNS

Town of Los Gatos

Dan Pulcrano Executive Editor and Publisher

NEWS

Town manager won’t say why he quit, calls it personnel matter Drew Penner, Reporter

After three-and-a-half years as chief of the Los Gatos-Monte Sereno Police Department, Peter Decena has resigned. The town announced his two-week notice in a press release sent out after 5pm on Friday, Sept. 3. “Los Gatos-Monte Sereno (LGMS) Police Chief Peter Decena submitted his resignation, effective September 16, 2021. Chief Decena served the Town with distinction. An Interim Police Chief will be announced in the near future and there will be a recruitment for a new Chief,” the town’s statement read. Decena had been working with the town to implement police reforms, including work with de-escalation, inherent bias and compassion training. In April, he recorded a video calling for the public’s help in identifying the attacker of a health care worker of Asian descent in what was described as a hate crime. Decena served as chief of the San Jose State University Police Department for eight years prior to his hiring by LGMS in April 2018. A year after Decena’s hiring by LGMS, controversy ensued over the use of excessive force by officer Johnathon Silva, who was hired Sept. 24, 2018. Silva had worked under him as a San Jose State officer while Decena was chief. Silva was cleared of misconduct in subduing 57-year-old James Russell Newlon on Towne Terrace with a carotid hold. Decena expressed reluctance to ban the carotid artery hold but changed internal policy to allow its use only when absolutely necessary. California subsequently voted to outlaw the sometimes lethal practice, and Gov. Gavin Newsom signed the bill into law. Silva resigned in 2019 after it came to light that while an officer at San Jose State, he had been fired for the violent beating of a mentally ill library patron.

MOVING ON Peter Decena has resigned as chief of the Los Gatos-Monte Sereno Police Department.

Silva was reinstated after he appealed the termination. Silva this year sued Los Gatos for wrongful termination, contending the town knew of the San Jose library beating before it hired him. The Los Gatos-Monte Sereno Police Department budget employs 39 sworn officers and 22 civilians, patrols 13.1 square miles and represents 36.7% of the town’s budget, according to statistics released by the town. “I am confident in the Department to continue our community policing values during this leadership transition,” Mayor Marico Sayoc said in the town’s statement. Decena’s position paid $329,834 in

salary and benefits in 2019, according to Transparent California. In an interview with the Los Gatan, Sayoc said Decena helped the police department navigate the “troubled waters” of the last couple years. “Definitely the past two years have been tumultuous, as it has been across the country with protests, Asian anti-hate (activism), and a lot of social justice issues,” she said. “When people resign we just wish them well in their future endeavors.” Town Manager Laurel Prevetti declined to comment on the reason for Decena’s resignation or the events leading up to it, calling it a personnel matter.

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Council, from page 1

“While we love to have public participation, anything that is disruptive, demeaning, we will call a recess,” she said. “We are here to listen to issues; we're here to listen to disagreements; we're not here to listen to insults.” The comments called back to what had occurred at the first in-person Council meeting since lockdown, Aug. 17, when Sayoc faced a barrage of personal attacks. However, the pattern of disruptive behavior among audience members stemmed from a virtual council meeting on April 6, where District Attorney Jeff Rosen and others discussed reporting hate crimes. During the public comment period, many callers, most who identified as residents of Los Gatos, said they were being discriminated against because of their support of former President Donald Trump and opposition to mask and vaccine mandates. During a recent interview with the Los Gatan, Sayoc brought up the surprising nature of the outbursts. On Sept. 7, Sayoc also noted wearing a mask, properly, was also a requirement at in-person public meetings during the pandemic. “We consider ‘wearing a mask’ having your mask above your nose,” she said. “If you do not listen to the verbal warning, we will ask the police to escort you out.” It was not 10 minutes in, when Sayoc had to ask one of the attendees to silence their phone, and reiterated the “shoulder-level” sign rule. Things remained peaceful for the next 10 minutes, even as Town Manager Laurel Prevetti went over some of the challenges facing the Los Gatos-Monte Sereno Police Department—including the resignation, less than a week earlier, of the chief, Peter Decena. “We have a great police department,” she said. “As many of you have heard, we are in the process of a leadership transition at the top, and I want to just assure everyone that as we go through this transition, our commitment to quality service is unwavering.” That includes the dispatch service, she added, anticipating furor just around the corner.

“We are putting plans into motion to make sure that we have the support that our dispatch center deserves,” she said, pointing to two different agenda items meant to address community concerns about policing. “We are absolutely committed to our community values of compassion, and really making sure that all residents and businesses get the items that they need.” Council had already received an onslaught of correspondence from area residents, via onclickpolitics.com, a firm which advertises its services as “Lobbying Software” to help “Win Tough Legislative Battles.” The nearly identical messages came in from people such as Campbell resident Amy Scruggs, Santa Clara resident Annika Koltermann, San Diego resident Danielle Moye, Cupertino resident Veronica Nourse and San Jose resident Erin Reed. By the time Bryan Paul, the president of the Los Gatos Police Officers’ Association, stepped up to the plate during the public comment period, Vice Mayor Rob Rennie had already shared an anecdote about calling the dispatch service on a shopping trip to REI and successfully getting a fallen tree removed. The council had just approved its consent agenda, which featured a 7% pay raise for dispatcher temps, bringing it in line with the Town Employees’ Association (TEA) bargaining unit rate. Paul echoed the sentiment shared by Town staff in that raise recommendation, which noted its “staffing model is not sustainable” and puts workers “at risk for burn-out, illness, and safety issues due to lack of rest.” But, his language was stronger. “This is a public crisis,” he said. “This is a planned operational cost savings by the Town administration.” He referenced the $839,000 the Town saved in fiscal 2019-20 because of police officer, police record specialist and dispatcher vacancies. The three full-timers left at the dispatch center are all looking for other jobs, he said. In 2020, contract negotiations between the Town and the dispatchers’ union broke down after they were offered a 0% pay raise, he said. Paul said he wants to see a 9% raise for dispatchers, at minimum. “The town has taken the position that Covid has caused a loss of revenue, however, the Congress has given ➝ Council, 22

Judy Peterson

OUT-OF-TOWN RESIDENTS SUBMIT IDENTICAL LETTERS THROUGH SOFTWARE

POT TALK Los Gatos Town Attorney Rob Schultz spoke to the Kiwanis club on Sept. 9 about an online survey that asks residents’ opinions on allowing marijuana dispensaries in town. He’s speaking to community groups to “get all the issues out there. There shouldn’t be anyone in town who doesn’t know about it.”

DISPENSARIES COULD BOOST TOWN’S BOTTOM LINE Cannabis, from page 6 “San Jose has 16 dispensaries that pay $17 million to the city annually,” Schultz said. “San Jose is looking to expand the number of dispensaries it allows—where do they want to go? Right on our border because there’s an unmet need here.” Schultz’s comments came at the Sept. 9 Los Gatos Kiwanis Club meeting, where several members reacted to the idea. Rosalie Patterson called it “the dumbing down of America,” while another asked, “Is there a problem with dirtbag stoners hanging out?” Schultz said, “There’s very little crime with it. The state has done a good job regulating it.” He also said Los Gatos can set its own rules, including limiting the number of dispensaries. “I wouldn’t recommend allowing more than three,” he said. “You can require security, surveillance cameras, create school and residential neighborhood buffers, and regulate the appearance so they fit into the community.” He said, too, that the town could limit storefront licenses to mom and pop and/or minority business owners. “The ‘big boys’ are coming in now,” he added.

Schultz, who has visited numerous dispensaries in the Bay Area and Southern California, is not advocating for or against them. “The big issue is what are the impacts of allowing these businesses in town. Ample parking, public safety, traffic, lighting—those are the main issues I’ve identified,” Schultz said. “Normally, dispensaries are in industrial zones. The problem here is our industrial zone.” Los Gatos has a handful of areas zoned for commercial industrial and controlled manufacturing, two of which have overlay zones designated as housing. Industrial Way, which runs from Andrews Street to Blossom Hill Road, has numerous auto body shops that straddle University Avenue. The Los Gatos Ballet studio, Los Gatos Plumbing Supply, Campo di Bocce, the Manresa Commissary, and homes and apartments are nearby as well. To Schultz, the question comes down to money. “Why would you do it if you’re not going to make any money?” he asked. Schultz estimates revenues from one or two dispensaries could increase town coffers by as much as $1.5 million on the high end and $250,000 on the low end “if they weren’t successful.” When a Kiwanian said, “We don’t need the money,” Schultz replied that “town expenses continue to rise and ➝ Cannabis, 29

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Extraordinary marketing expertise fueled with contagious enthusiasm de�nes Lucy Wedemeyer as a “RockStar” Real Estate Broker She’s one of the most recognized and highly respected Realtors in the Bay Area, consistently awarded Top 1% distinction Keith Andry with a BS in Finance joined his Award-Winning Mother-in-Law in 2000.

Squirrel to blame for Labor Day outage

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Drew Penner, Reporter

About 30 Santa Cruz Mountain residents made their way to downtown San Jose on Sept. 9 and bunched up on the concrete steps of the Pacific Gas & Electric office at 111 Almaden Blvd. They held signs that read “UN PLUG PGE / NOT US” and “HONK IF YOU DON’T TRUST PGE,” while chanting “Plug us in!” and “Power to the Mountains!” to express disenchantment with what they consider Third World-like conditions they’ve endured in recent summer days due to power outages. They also took note of the gas and electric utility’s spotty communications. “If there was a fire, we wouldn’t know to evacuate,” said Ian Young, who lives in the 95033 zip code, an allusion to communications towers that rely on electricity. “They need to upgrade the infrastructure.” PG&E says it recently increased the sensitivity of monitoring equipment that interrupts power to reduce the risk of a wildfire caused by the electrical distribution system. While the utility was cleared of responsibility in the 2017 Tubbs Fire that killed 22 people in Sonoma and Napa counties, last year it pleaded guilty to 84 counts of involuntary manslaughter for sparking the Camp Fire that destroyed Paradise in 2018. Meanwhile, a KQED investigation found its Fire Victim Trust generated $51 million in overhead costs in its first year, while paying out just $7 million to victims. The Dixie Fire—which recently released transcripts suggest began when a rotting tree fell on a PG&E line—has scorched 927,320 acres and was just 59% contained as the Los Gatos residents rallied in San Jose. The 95033 zip code stretches from the Loma Prieta Mountain in the southeast, through Castle Rock State Park and up to Black Mountain in the northwest. One of its 70-year-old inhabitants, Peggy Lissis, says she likes “camping,” but not necessarily in her own home during a blackout.

“These are happening without wind and without fire,” she said from below PG&E’s eight-story building, wondering if outages will get worse if the forests are set ablaze or shaken by windstorms. “It’s a drag.” Her neighbor, Miriam Watson, 51, is the moderator of a freecycle group for the zip code, and says there’s been plenty of generator swapping going on there these days. “I just think it says a lot about our community,” she said. “It’s pretty amazing.” The power outages have caused her to look at her whole life differently, she says. “I look forward to waking up with the power on,” she said, recalling the added stress she faces as a parent when the electricity is unavailable. “I basically unload the dirty dishwasher and wash with a little trickle of water.” She says there needs to be a massive change of approach from PG&E, and describes spending hours on the phone with their customer service department. “I don’t think anything’s going to get better,” she said, adding, “I feel like if I don’t stand up, I’d be complicit.” She laughs at how she now rushes to start the dishwasher after dinner if the power is on, fearing another disruption, as if she were living in an impoverished land. “We need a sea change,” she said. “It’s not clear to me how we accomplish that with PG&E. It feels like a behemoth giant that we can’t penetrate.” PG&E spokesperson Mayra Tostado told Los Gatan they are aware of how “challenging” the blackouts have been for Los Gatos and Santa Cruz Mountains residents, but noted “fast trip” settings on power lines are in place to reduce the chance their equipment could start a wildfire. “While we have made the overall system safer, we are taking action in the coming days to update the settings, which will allow better coordination between these protection devices and fine-tune the sensitivity of each device,” Tostado said. “These changes should start to reduce the size of the outages, and therefore allow for quicker restoration when they occur.”

Drew Penner/Los Gatan

MOUNTAIN RESIDENTS PROTEST POWER FAILURES

FRUSTRATED Santa Cruz Mountain resident Robert Fong said the noise from his home’s generator makes it difficult to sleep when the power is out.

Back at home, Watson’s husband Robert Fong, 56, fired up his old generator. It rattled and rumbled, as it pumped out 3500 Watts of power so “dirty” Fong says it could damage his electronics. “It’s really noisy,” he said. “It affects our sleeping.” Two weeks ago, he splurged on a brand new one, a sleek Generac iQ3500, that positively purrs. Before Costco could supply it, their family went through two more outages, including one on Labor Day. According to PG&E, they had an outage that day that started at 8:36am and ended at 10:43am, affecting 768 customers. The electricity went down because a squirrel chewed through some electric equipment along Madrona Way in Los Gatos, Tostado said. Just as they were restoring power, a transformer failed, around 10:32am, leaving 768 customers in the dark until around 1pm the next day. PG&E says it’s only had one Los Gatos-area outage since then—from 9:39pm Sept. 9 to just before 1pm the following day. Fong says the most frustrating thing has been PG&E’s lack of communication.

“It’s the uncertainty,” he said. “There would be no real explanation for what happened.” Just before 2pm, about a mile as the crow flies, across Burns Creek, two PG&E workers said they were “reprogramming” a main recloser that sits at the summit between Santa Cruz and Santa Clara counties. Reclosers are high voltage circuit breakers that react to problems like short circuits, lightning, power surges or objects coming in contact with power lines. Santa Cruz Mountains residents have zeroed in on the device. They believe PG&E is operating a single recloser at a time when they should be using at least 14 more. PG&E did not respond to questions about the specifics of their recloser network. Eric Horton, who lives at the top of Zayante Road, led protesters from the hills down to the valley’s flatlands. “You’re all here because you don’t accept the status quo,” he yelled into a bullhorn. “You know we’re getting screwed!” In an interview with Los Gatan, Horton said PG&E needs to take action now to fix things for the future. ➝ Power Outages, 24

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TALES OF THE TOWN

A newspaper is born, again Ted Petersen

So there we stood… on the corner of N. Santa Cruz Ave. and Main Street a few weeks ago, ready to start a weekly newspaper in Los Gatos. Again. Randy Frey was there, as was Roger Sanford, who always manages to show up at the right place and often at the right time. Dina Scoppettone photographed the scene for the new promotional piece. Like Randy, Roger and me, Dina had been there for the first shot— though she was six years old at the time—looking over the shoulder of the late actor John Hoyt, of Star Trek fame, whom Roger recruited for that shoot. I was all of 23 then, and Randy, who was the Los Gatos Weekly’s founding sports editor, was a few years older. I donned a suit to look more like a publisher than a recent grad of a hippie school with a banana slug mascot. Art director/prankster Rick Tharp aged me further by airbrushing a beard onto the black-and-white photo, snapped by Ted Petersen of the Portrait Gallery. Photoshop wouldn’t be invented for another five years. The Los Gatos Times-Observer had been sold to a company based in Des Moines, Iowa. It had lost its local focus and townspeople were upset. We were too young and naive to know better than to go up against a publishing giant, but it worked out. We bought them out a decade later and merged it with the Weekly to create an award-winning publication that was judged more than once as California’s best small weekly. The dotcom implosion, unfortunately, forced its sale, and the Weekly-Times eventually wound up in the hands of a huge media conglomerate owned by an East Coast hedge fund with a reputation for saving money by shrinking newsrooms. Fast forward to 2021. Like the scene in the Blues Brothers where John Belushi says “We’re putting the band back together,” the new Los Gatan is inextricably tied to history. Lee May, who grew up in Los Gatos

BACK THEN Future photographer Dina Scoppettone looks over John Hoyt’s shoulder while two mystery tramps lurk in the background.

Dina Scoppettone

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Dan Pulcrano, Executive Editor

2021 Sandy Decker reads the new Los Gatan with a six-year-old friend, and those two guys are still waiting for the light to change.

and co-founded the original Los Gatos Weekly, is general manager. Roger chairs the community board. Sandy Decker graciously modeled as the newspaper reader. The 6-yearold at her left is my daughter. We are a family newspaper, with deep local roots. We are building the future of local journalism. News deserts don’t support the kind of community in which we want to live or raise our families. Weeklys, a locally-owned company, won an unprecedented 48 statewide

journalism awards this year, so you can count on some of California's best reporting. The weekly Los Gatan is here. Please read this issue and get an idea of what community journalism can contribute to the collective experience. Please email your ideas, thoughts and feedback to dan@weeklys.com. And, most importantly, please subscribe at lgsubs.com, because that’s the validation that really makes a difference.

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Robert Eliason

SPORTS

FEROCIOUS D Wildcats sophomore Ekaterina Kokinos harasses a Homestead player in a 18-3 victory earlier this season. Los Gatos looks to be a CCS title contender.

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TOP ’CATS 12

LG girls water polo team strong as usual Emanuel Lee, Reporter

Don Appleton isn’t one to spew hyperbole, so when the longtime Los Gatos High girls water polo coach said this year’s team is one of the fastest and most athletic groups he’s ever coached, that means a lot. “We have the potential to be great this year,” he said. “It’s a matter of keeping healthy and staying motivated at every practice.” The last time the Central Coast Section playoffs were contested in 2019, the Wildcats competed in the top

bracket, the Open Division. In Appleton’s 11 seasons as the girls coach, the Wildcats have won six Santa Clara Valley De Anza Division championships and a CCS title, in 2015. This year’s team is bolstered by the best goalie duo in the section and perhaps all of Northern California. In seniors Jackie King (Stanford commit) and Lucy Holland (UC Davis), the Wildcats boast two Division I prospects. Holland and King are true difference-makers who come up with the routine saves along with the highlight-reel variety stops that often change the outcome of a match. The Wildcats are strong in the field as well, with senior Mackenzie Lindholm leading the way.

“Mackenzie is a good all-around athlete, is reliable and does her role well, especially defensively,” Appleton said. “She scores the goals she’s supposed to and is a rock-solid player.” The Frangieh sisters—Zoe and Karly—possess tremendous speed and are catalysts in the Wildcats’ fast-pace attack. “We’ll be more of a run-and-gun type team as opposed to past years,” Appleton said. Appleton said Karly is one of the fastest players in the section and Zoe is a standout center defender and deciding on what college she will play at next year. Freshman Julia Ernsting is a key reserve on a talented roster that includes Campbell McClellan,

Lily van Putten, Maily Isaacs, Sofia Vieceli, Josephine Minert, Karissa Elliott, Ella Ralston, Vianh Ton, Ekaterina Kokinos, Abby Lockman and Serine Kugler. “We play a pretty physical style of water polo,” Appleton said. “But that also matches up with experience, and with us not being as experienced this year, one of our new mottos is to rely on our athleticism. You need to have a lot of experience to play physically without pushing the rules or costing the team with exclusion (penalties). So this year we’re relying on athleticism until we get our experience to play a more physical game. We’ll be using our head and athleticism to dictate the game.”

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Juan Reyes/File photo

‘We’re looking for ways to bring funds in and turn it around and help people. We’ve done a lot of good things for people, which is fulfilling.’ —Coach Mark Krail

‘FULFILLING’ Wildcats coach Mark Krail founded Coaches Against Cancer in 2009.

FOOTBALL CLASH A SPECIAL ONE Wildcats play in first-ever Coaches Against Cancer game

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Emanuel Lee, Reporter

When the Live Oak and Los Gatos football teams clashed in Morgan Hill on Sept. 10, they played for something far greater than trying to notch another ‘W’ in the win column. They were a part of the first-ever Coaches Against Cancer football game. Coaches Against Cancer is a 501c3 non-profit organization that Wildcats coach Mark Krail founded in 2009. Everything it raises helps support the American Cancer Society, National Brain Tumor Society and the Coaches Against Cancer Dreams Come True program, which honors the Make A Wish concept and connects families that have been affected by cancer and provides them with a “dream come true” experience. For Krail and Live Oak coach Mike Gemo, cancer hits close to home. Ge-

mo’s close friend and longtime fellow coach Richard Nelson died of cancer at the end of the 2019 season. Gemo said the Dreams Come True program sent Nelson and his wife to play a round of golf at Pebble Beach. “They do a good job of promoting cancer awareness, and that’s why I picked up this game,” Gemo said. Krail founded the Coaches Against Cancer organization after losing his father to lung cancer in 2006. “Like anything, you go through a devastating loss and there’s a mourning process,” Krail said. “After that, you think, ‘Alright, what can I do to make a difference?’ It started out in my dad’s honor and still is, but for others it could be in honor of someone else.” Since its inception, Coaches Against Cancer has held an annual golf fundraiser, usually at Cinnabar Hills in June. Krail said this year’s event had approximately 200 participants. “We raised a bunch of money, and every dollar goes back to research or

the Dream Come True project,” he said. Besides the gate money, all of the proceeds raised at Sept. 10’s game will go to Coaches Against Cancer. Live Oak raffled off Dwight Clark and San Jose Sharks jerseys to go toward the organization. As long-time coaches, Gemo and Krail have been friends for over a decade. Gemo and his coaching staff play in the Coaches Against Cancer golf tournament almost every year and Gemo has helped out with the Charlie Wedemeyer All Star Game as some of the proceeds go to the non-profit. “I like being a part of it because it’s a great organization,” Gemo said. “We’ll do whatever we can to help out.” Given their friendship and similar views on wanting to do good, Gemo and Krail decided to schedule an official Coaches Against Cancer game. “The credit really goes to Mike because he’s done most or all of the work leading up to this,” Krail said. “He’s

been supportive of our organization over the years.” When one of Gemo’s assistant coach’s sons was going through leukemia years ago, the family got connected to the organization. Another current assistant coach, Nick Hagiperos, had Hodgkin’s lymphoma. Recent graduate and player Jalen Rios was diagnosed with leukemia in 2019. Given how much of the Live Oak football family has been affected by cancer, it’s no wonder the Coaches Against Cancer organization has a fond place in Gemo’s heart. “It’s special for us,” Gemo said. Krail hopes there will be more Coaches Against Cancer games going forward. He’s done a lot of networking and received tremendous support from his fellow coaches, and has further developed his bond with his family as they all participate in Coaches Against Cancer fundraiser events. Krail’s son, Kevin, and Kevin’s friend Ben Asleson came up with another event four years ago, Bike To Beat Cancer, to raise funds for Coaches Against Cancer. Even though Mark Krail would love to see more Coaches Against Cancer games throughout the region, he said something as simple as a 50/50 raffle could go a long way in helping raise funds for the grassroots, volunteer-driven organization. “Every dollar helps,” Krail said. “This is definitely in its infancy, and where it goes from here I don’t know. We’re looking for ways to bring funds in and turn it around and help people. We’ve done a lot of good things for people, which is fulfilling.”

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On Sept. 1, Grand View League, a fundraising branch of the American Cancer Society, hosted the Second Annual Gayle Newgren Memorial Golf Tournament at Cinnabar Hills Golf Club. Randy Hahn, voice of the San Jose Sharks, served as Honorary Chair & Celebrity Golfer. Gayle Newgren was a member of Grand View League, a volunteer organization raising funds for American Cancer Society’s mission and cancer research programs. Funds raised from the golf tournament will directly fund the Grand View League Research Funding Initiative, which provides funding for local cancer researchers. This year’s benefit luncheon, Design & Discovery, will take place on Thursday, Nov. 4,, at La Rinconada Country Club in Los Gatos. This event will feature lunch, speakers and shopping boutiques. For information, visit GrandViewLeague.org.

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HIGHWAY 17 REHAB WORK BEGINS SOON

Caltrans will begin a pavement rehabilitation project along Highway 17 from Hebard Road in Los Gatos to Interstate 280 in Santa Clara County. Construction activities will include cold plane and overlay with Rubberized Hot Mix Asphalt, slab replacement with rapid strength concrete to improve ride quality, and Americans with Disabilities (ADA) curb ramp upgrades at 42 existing and four new locations. Work was scheduled to begin the week of Sept. 13 and continue until 2023. The schedule and times are subject to change, according to Caltrans. Work schedule and lane closures: Northbound Highway 17: • Monday through Friday: 8pm-6am • Friday through Saturday: 8pm-9am • Saturday through Sunday: 8pm10am • Sunday through Monday: 8pm-6am

Erik Chalhoub/Los Gatan

GOLF TOURNAMENT RAISES FUNDS FOR CANCER RESEARCH

LOCAL SCENE

DISCOVERY SHOP CELEBRATING 25 YEARS The American Cancer Society Discovery Shop, 39 East Main St. in Los Gatos, is celebrating 25 years of raising funds in the fight against cancer. A celebration will take place on Sept. 25, with Mayor Marico Sayoc honoring the milestone at 12:30pm. The store will have a 25% off sale, as well as other events throughout the day. For information, visit bit. ly/3A2rn28.

CONSTRUCTION ZONE Traffic is slow through Los Gatos Boulevard as work continues on a center median between Lark Avenue and Walker Street.

Southbound: • Monday through Friday: 8pm-6am • Friday through Saturday: 8pm-8am • Saturday through Sunday: 7pm9am • Sunday through Monday: 6pm6am For real-time traffic conditions, visit quickmap.dot.ca.gov.

LGHS ‘71 ALUMNI INVITING ALL CLASSES TO REUNION Los Gatos High School’s Class of 1971 is inviting all alumni to a meet and greet event on Sept. 17 at Campo di Bocce, 565 University Ave., from 6-8pm. The social event will feature a nohost bar and light appetizers. A donation of $10 is asked to offset event costs. Those who would like to play bocce must make reservations beforehand. For information, call 408.395.7650.

ART & WINE FESTIVAL RETURNS The 49th annual Los Gatos Art & Wine Festival, hosted by the Kiwanis Club of Los Gatos, takes place Sept. 1819 from 10am to 6pm on both days on the Civic Center lawn, 110 E. Main St. The free event will feature more than 200 artists, live music, wine by local vintners, craft beer, food trucks and more. For information, visit losgatosfiesta.com.

CLASS SET ON CRIME PREVENTION AND FIRE SAFETY The Santa Clara County Fire Department will host a class on crime prevention and home fire safety on Sept. 21 from 10-11:30am at the Los Gatos Adult Recreation Center, 208 E. Main St. Attendees will learn how to protect against fraud and identity theft, what to do if you are a victim of a scam, learn personal safety and home security protection tips and how to identify suspicious activity and how to report it. The class will also cover home fire safety tips and how to practice important safety habits to prevent fires in the home. For information, visit bit. ly/3mappJe.

MOVIE SCREENINGS UNDER THE STARS Screen on the Green returns with two nights of a movie screening. Disney’s “Soul” will be screened on Sept. 24 at 7:30pm at Oak Meadow Park, 233 Blossom Hill Road. “Hocus Pocus” will be shown on Oct. 1 at 7:30pm at the Civic Center lawn, 110 E. Main St. For information, visit LosGatosCA. gov/SOG.

MEDIAN WORK ON LOS GATOS BOULEVARD CONTINUES THROUGH NOVEMBER Traffic on Los Gatos Boulevard is expected to be impacted through November as crews construct a center median between Lark Avenue and Walker Street. The work is part of the North 40 development currently under construction. Message boards were placed to inform motorists and the community of the construction as lane closures within both northbound and southbound Los Gatos Boulevard are expected during this period.

LOCAL STUDENT PART OF ACCOMPLISHED CLASS AT UNIVERSITY OF IOWA This fall's incoming undergraduate class at the University of Iowa—a group that includes Adriana Amatriain Martinez of Los Gatos—has yet again topped previous records in achievement with a higher average high school grade-point average (GPA), at 3.81, than any previous class. The average high school GPA for the classes of 2024 and 2023 were 3.78 and 3.76, respectively. Amatriain Martinez is majoring in Nursing Interest in Iowa's College of Liberal Arts and Sciences.

LINDA L. LESTER in association with

The Gala Kim Nalley

invite you to

at La Estancia Estate in Los Gatos featuring

with Tammy Hall, Michael Zisman, Mads Tolling, Leon Joyce

$200 Per Person. 21+ Event. Limited Tickets. Ticket includes cocktails, fine wines, tantalizing apps, and small plates. Free Valet Parking. Gates Open at 5:15 PM. A Live Auction and 52-Card Draw Raffle will be held. Purchase your ticket through our website jazzontheplazz.com. Contact us at losgatosmusicandarts@gmail.com if you have any questions. Our Community Partners

Special Tribute to Billie Holiday

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THE GALA features renowned vocalist Kim Nalley teaming up with Tammy Hall (Piano), Michael Zisman (Bass), Mads Tolling (Violin) and Leon Joyce (Drums). A special performance and tribute to Billie Holiday will be held in the gorgeous gardens of La Estancia Estate, on Sunday, September 26th, 2021. Dr. Nalley has been awarded “Most Influential African American in the Bay Area” in 2005 and “Best Jazz Group” in 2013. Kim Nalley is already being called “legendary” and a “San Francisco institution”. You will be awed by her aura of a diva from a by-gone era with vocal projection that can whisper a ballad yet can fill a room with no microphone. Attending this event will keep jazz alive in Los Gatos and ensure Los Gatos Music & Arts will bring an outstanding lineup of world-class artists to our beloved Jazz on the Plazz in 2022 and beyond. Proceeds benefit LGM&A educational programs and the annual summer jazz concert series.

Chez Philippe: Confusion over interior space blown out of proportion

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Drew Penner, Reporter

The woman who’s owned The Maids’ Quarters linen shop in downtown Los Gatos for 40 years says she was “duped” by new business partners she was going to share her space with, and now must vacate the premises. The couple who plans to open a restaurant at the prime N. Santa Cruz Avenue address says a misunderstanding about the interior space escalated, and now the original tenants have to leave. Claudia Mann, 79, who’s run her business at the current location for 33 years, said that after difficult pandemic months for retailers, she was looking for a way to downsize. “These people walked in and asked what we were going to do with the space,” she said, thinking back to how excited she was when Philippe Leroy and his girlfriend Deena Elkassed proposed opening a French restaurant. “We have a garden back here that would be perfect as a bistro.” Mann said the couple used flattery to win her over, and talked a big game about how their eatery would fit perfectly with her boutique. “We had the same kind of vision,” she said, recalling how they told her they loved her store. “And they said they would keep it just the way it is.” As bistro-linen store concept came together, Mann says she went monthto-month with her landlord Brenda Molineux of the William Molineux Trust—since her lease was expiring and, at her age, she wasn’t thrilled about entering into another 10-year agreement. “I was not interested in being the principal holder of the lease,” she said. “On Friday the 13th, my landlady and her broker came to present me with a sublease—and a 30-day eviction notice.” Mann says the sublease deal was so bad it was clear they wanted her out. “I think it was really insensitive to get that 30-day notice after 33 years of not ever missing a rent period,” she said. “I always paid my rent.”

She’s used to paying $10,119 a month, on top of half of the insurance and property taxes, for the 2,300-squarefoot storefront. The terms of the sublease, dropped off on behalf of the couple by Molineux and Mark Kuiper, a senior VP with Colliers International, weren’t acceptable, according to Mann. The Los Gatan was unable to reach either Molineux or Kuiper for an interview. According to Mann’s son Michael, the sublease proposal offered The Maid’s Quarters just 725 square feet of space for $5,537 a month. Since Claudia was under the impression they were going to share the space 50/50, this came as a huge surprise, she says. After all, the sublease was still asking her to pay 50% of “operating expenses.” When her son Michael crunched the numbers, it appeared to represent a massive rent increase from $4.40 per square foot to $7.64 per square foot. “Maybe the restaurant wanted the whole space to begin with, and this was a way of eliminating me,” Claudia said. But Leroy, who’s launching the Chez Philippe bistro, told the Los Gatan this couldn’t be further from the truth, pointing to the 1,130 square feet of rentable space specified in the sublease, for a base rent of $5,537—which would represent an increase of just 50 cents per square foot—to $4.90 per square foot. It was kind of a shock to their plans when Claudia asked them to take on the responsibility of the main lease, he added. Leroy says he believes the Mann family is unhappy because he doesn’t want the “Jennifer Croll” clothing line, by Claudia’s daughter, to be part of the deal. “When I drew the sublease, I’m like, ‘I’m going to offer Claudia what the original vision was, which was: her on one side, selling her beautiful French antiques, and me on my side selling French cuisine,” he said, adding Claudia’s daughter started getting too hands-on in setting up the deal for his liking. The popular dress line just wasn’t a good fit, Leroy said.

Dan Pulcrano/Los Gatan

Maids’ Quarters owner says she’s being forced out

QUARTERED Employees of Jennifer Croll await news on the store’s future “It was about bringing her daughter into the deal,” he said. “I was kind of caught in the middle.” During an interview at the end of August, Elkassed said their 50/50 offer is still on the table, and says the 725 square feet assigned to the Maids’ Quarters in Town planning documents as a “Tenant Improvement Area” isn’t the total space the sublease proposed.“There’s been a confusion around how big the building is,” she said. “That was an error that was caught by the Town.” Elkassed said they would even be willing to work with Jennifer, if she took over the Maids’ Quarters but didn’t sell clothing. Mann’s son, Michael, pointed to restaurant documents that mention the daughter’s fashion experience (the clothing line officially falls under the Maids’ Quarters) as a business asset, as well as a section of the sublease that

says it would be void if there was a change in ownership. Elkassed says they were really looking forward to doing business with the Maids’ Quarters, and that they’d be willing to negotiate on terms that weren’t deemed acceptable. “Honestly, we’re not trying to take anybody for a ride,” she said. “We still care about Claudia.” On Tuesday, Elkassed said they still hadn’t heard from Claudia. But after a version of this story was first published on losgatan.com, Michael did reach out to the couple, to see if they would make good on the 50/50 offer. He says he didn’t hear back. And—at the 11th hour—he wouldn’t say what his mom was planning to do. “My mother was put in an impossible position: of trying to move her store of 33 years over the course of 30 days, in the middle of a Covid pandemic,” he said. “It’s a very unfortunate situation.”

Deborah Weinstein

SCHOOLS PUTS MENTAL HEALTH IN FOCUS

From wellness checks to new counselors, district bolsters initiatives Drew Penner, Reporter

PROMOTING POSITIVITY Daves Avenue Elementary School mascot Cool Cat is shown with Librarian Shannon Hawkes during an event to bolster students’ well-being.

because of that extreme pressure that they’re under.” The district had been trying to address mental health issues. After Paul Johnson was named superintendent, he launched a strategic planning process that identified “wellness” as the top priority. Just as administrators were rolling out changes, the novel coronavirus showed up. Parents and educators had hoped to see new teachers focusing on science, engineering, art and math, to help expand the possibilities available to youth, but that idea was put on ice. “That’s why Covid was such a huge impact,” Weinstein said, “because it really affected students’ ability to learn.” The foundation sprang into action: gathering statistics, they applied for an El Camino Health Foundation grant. It took the $110,000 it received, adding in another 40% from its own coffers, and funded a mental health counselor, Savannah Henry, who started in August 2020. She was able to figure out a way to get some of the most hard-hit kids back on school grounds.

“Her goal was to bring certain students who were really suffering during the pandemic with lack of connection,” she said. “She brought them all in small groups to get together.” And she was able to connect with more than 700 students. Weinstein marveled at the work that came out of the Raymond J. Fisher Middle School Art Club. “It’s actually pretty amazing,” she said. “They met outside, and it was a safe environment to start their connection.” The foundation wasable to renew the grant for 2021. However, the district had already set aside $110,000, in case the application didn’t go through. “What they did is they hired a second counselor,” Weinstein said. “So, they’re actually ahead of the strategic plan, which is fabulous for our students, because it’s exactly what they needed.” While the district didn’t have to lay any teachers off during Covid-19, they weren’t able to grow their roster. So now, the foundation is raising money to hire two new teachers for next year: one STEAM (science,

technology, engineering, art and mathematics) teacher and one dedicated art teacher. The pandemic has highlighted for many parents how important things like art and extracurriculars can be to ensuring students have a healthy learning environment, Weinstein says. “They’re willing to sit down and work on handwriting if they know that in 20 minutes they get to go to the library and get read to by one of our awesome librarians,” she said, adding parents are thrilled to have their children back on campus. “They’re really noticing a difference, especially parents who had kids who were struggling.” Elementary teachers are doing daily and weekly wellness checks with students, and Weinstein says now it’s the children teaching the parents about the importance of mental health issues. “The parents are really thrilled about it,” she said. “They’re learning the new vocabulary that the students are bringing home.” For information about the foundation’s wellness initiative, visit onecommunitylg.org.

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Deborah Weinstein, executive director of the Los Gatos Education Foundation, recently visited Daves Avenue Elementary School, where its mascot, the Cool Cat, had been high-fiving students and handing out flyers. That was part a drive during Suicide Prevention Awareness Month to bolster the Los Gatos Union School District’s wellness initiatives. “If you’re not working on mental health, then your student can’t learn,” Weinstein said. “We really want to make student wellness a priority.” It’s been a challenging couple of years for educators, parents and elementary students, as many young learners struggled to cope with athome learning. According to the County of Santa Clara Behavioral Health Services, from 2007-16, Los Gatos had the highest rate of suicide deaths among the county’s cities. “Los Gatos’s suicide death rate could be attributed to a confluence of risk factors that are associated with the county’s highest number of suicide deaths,” the study said, describing the community as a majority-white (78.6% in 2018), with the highest percentage of adults reporting gun ownership. “While the suicide rate of Los Gatos increased from 2012-15, in 2018, the city’s suicide rate was down to 6.5 per 100,000.” During the first year of remote learning, the district saw a 200 percent increase in the number of students requiring “intensive” mental health interventions. Weinstein says that while Los Gatos is known for its amazing public schools, this can sometimes put a lot of weight on youth to perform academically. “The social pressures and the school anxiety for a high-performing district does have an impact on students,” she said. “That could be one reason why the suicide rate is higher is Los Gatos,

Judy Peterson

LIVING THE LIFE Long-time Los Gatos businessman Ed Stahl has no plans to retire, saying the key to a fulfilled life is “to do what you love and love where you’re doing it.”

down ‘yes.’ Another time I was walking with one and I waved my arms and he flapped his stubby wings for me.” December is summer in Antarctica, so temperatures will be in the 30s or 40s when Stahl and his entourage arrive there. When Stahl was planning his first Antarctica trip, he asked his late wife Betty, a native Californian who “hated ice and snow,” if she wanted to go. “She said, ‘hell no,’ so I advertised the trip in the newspaper and four women signed up. I took five women to Antarctica—Betty went and later she told people it was the best trip,” Stahl said with a grin. His eyes sparkle as he talks about seeing “12,000 feet of snow that’s built up over millions of years.” “It’s so beautiful. When you’re walking on glaciers you’re doing things few others have done before. I’m convinced it’s the greatest high in the world,” he said. Stahl could discuss his travels for hours but his life in Los Gatos is equally interesting. He joined the Rotary club in 1966 and worked with other Rotarians to bring the carousel to Oak Meadow Park. When nonprofits ask for donations for their fundraisers, there’s always a Travel Advisors’ cruise on the auction block.

Stahl also sponsors the Jazz on the Plazz Summer Concert Series, helped establish Zihuatanejo, Mexico as a Los Gatos sister city, was the 2015 Chamber of Commerce Businessperson of the Year and served on the town’s parking commission from 1972 to 2018. “They fired me because I was too old,” he laughs. Stahl celebrates his 90th birthday in October but there’s no stopping him. “I’ve been in town too much lately—I went to New Orleans a month ago but that’s my only trip since the pandemic,” he said. Next March, he’ll take flight to the Dubai Expo—an $8.2 billion world’s fair. “I think Dubai will be the most interesting fair ever because they’ve built the best of everything,” he said. Stahl was also thrilled with a 2014 trip through the Northwest Passage, when the first passenger ship without an ice breaker went through the Passage. “That was a dream fulfilled,” he said. “When I look back at my life I’m amazed at what I’ve done and where I’ve been.” From making eye contact with whales to watching a mama bear teaching her cub to swim, Ed Stahl has lived a life he loves and he’s done it in a town he loves. Courtesy of Ed Stahl

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Travel advisor prepares for fourth trip to Antarctica

Judy Peterson, Reporter

When long-time downtown Los Gatos businessman Ed Stahl is asked if he’ll ever retire, he shakes his head no and says, “I’m having too much fun.” Stahl owns Travel Advisors of Los Gatos, which opened at 56 N. Santa Cruz Ave. in 1961. If he’s not traveling, you can find Stahl at the office, booking trips for locals that he often plans to take, too. Over the years, he’s visited 137 countries. His favorite place is Antarctica, which Stahl plans to visit for the fourth time in December.

“I went to Antarctica for the first time in the 1950s, when it was a major deal,” he said. “This Christmas I’m planning to return to Antarctica, which marks the 100th anniversary of Shackleton’s final expedition.” Explorer Ernest Shackleton’s fourth and final trip to Antarctica departed England in September 1921. He died Jan. 5, 1922 in South Georgia, a stopping point that’s en route to Antarctica. The reason Stahl loves Antarctica is simple: he loves the penguins. “I talk to them,” he said. “One time I wanted to photograph a penguin and he shook his head ‘no.’ Instead, he pushed his baby forward to be photographed, shaking his head up and

ARCHIVES Ed Stahl opened Travel Advisors of Los Gatos in 1961. He attributes his success to “having a great staff and knowing people in town.”

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Courtesy of Locale

MEETING DESCENDS INTO SHOUTING MATCH Council, from page 6

FRESH AND LOCAL Jonathan Friedland (left) and Chris Clark are the founders of Locale, a food delivery service that is growing in its second year of operation.

LOCAL FOOD DELIVERY SERVICE CONTINUES EXPANDING Customers can order from establishments in Los Gatos and beyond

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Erik Chalhoub, Managing Editor

Locale, a food delivery company with a focus on local restaurants and farms, continues its expansion throughout the Bay Area only a little more than a year since its inception. Locale is the brainchild of Los Gatos natives and recent college graduates Chris Clark and Jonathan Friedland, who have seen their company grow from just 20 customers around their hometown to hundreds that stretch from Concord to Santa Cruz and South Santa Clara County. The idea struck when the friends from high school, after graduating from college in 2019, found themselves back at home with their parents when the pandemic hit in March 2020. The two noticed the struggles facing the mom-and-pop restaurants, which were forced to close when health officials attempted to get a handle on the unknown threat of Covid-19. Friedland noted that many people

were ordering from the popular food delivery apps, such as DoorDash and Grubhub, yet those orders were only from large corporate chain restaurants, and not from those small-town establishments that are vital to the community’s wellbeing. So, Clark and Friedland partnered with Manresa Bread in downtown Los Gatos, and distributed a Google form among friends and family for delivery of organic berries and sourdough baguettes. Word spread of the two entrepreneurs’ efforts, and things went viral, Friedland recalled. “We were super scrappy at first,” he said, adding that in the beginning, himself and Clark would complete every order themselves, from getting the food, to packing it and delivering it. “From there, we just listened to our customers.” Other local restaurants and farms learned of their efforts, and reached out. Now, Locale delivers more than 200 items to hundreds of customers per week, including products from Homeroom in Oakland, Wise Sons in San Francisco and Freedom Meat Lockers

in Watsonville, as well as fresh produce from Terra Amico Farms in San Martin and ALBA in Salinas. Locale’s founders pride themselves in the fact that all these different foods from various establishments are delivered in a single box with only an additional $5 delivery fee. “It’s a way to support your local community and constantly try new food from across the Bay Area,” Friedland said. Locale’s deliverers consist mostly of local students, who are searching for flexible work during the pandemic, Friedland noted, adding that the company hired more than 200 students and surpassed 15,000 deliveries since its inception in May 2020. Friedland said he’s excited about the latest expansion to Gilroy, after receiving a strong response with Locale’s recent launch in Morgan Hill, where it delivers to roughly 50 customers a week. “Our mission is to make shopping local as easy as shopping online,” he said. For information, visit shoplocale.com.

you $7.2 million in (American Rescue Plan Act) funds,” he said. “Adding injury to insult, Town Manager Prevetti got a $12,500 raise in 2020, and a $5,000—” At this point the jeers from the audience became so loud he was drowned out, with one person crying, “…worthless!” As Paul was about to comment on the measures before Council, that evening, his time ran out and Sayoc cut him off. “I'm sorry Officer Paul but I'm making sure that everyone has an opportunity to speak today, and that includes you,” she said. While Paul remained composed, the audience became unruly. "I yield my time to him,” one shouted, as their volume increased. "We yield time!” another chimed in. Clapping resounded. “I think it's unanimous, mayor,” Paul tried. That’s not how the mayor saw it, since Town rules don’t allow the ceding of time to others. “Officer Paul, this is my meeting,” Sayoc said. “I gave you three minutes, and I'm asking you to allow other people now to speak.” “Mayor, we're asking you, please,” he pleaded. “You guys work for us!” a woman yelled. “I've asked you to remove that sign,” the mayor firmly chided one protester. "This isn't Russia! This is America!” is what came next. “We're going to give him the floor! He doesn't need a microphone!” a woman shouted. With that, the mayor called a recess, just 25 minutes into the meeting. However, a contingent of vocal audience members continued shouting at city officials. After some time, the room eventually cleared with no further incident. When the council reconvened an hour later, the public was allowed to participate over Zoom but was prohibited from returning to the chambers.

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WEEKENDS, SEPT 18th - OCT 24th

Courtesy of Los Gatos Music & Arts

Tarmo Hannula

EVENT BENEFITS ANNUAL JAZZ FESTIVAL Gala features vocalist of international fame Staff Report

UNIQUE RIDE With Ken Chambers of Los Gatos at the helm, these folks enjoy a cruise across Pinto Lake in Watsonville on Sept. 10.

On land and sea Los Gatos man describes his ‘head turner’ of a car

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Tarmo Hannula, Reporter

On a recent afternoon, a bright red convertible sports car, with two people aboard, cruised along Green Valley Road and swung into Pinto Lake City Park in Watsonville. Under mild, sunny conditions, they drove the length of the parking lot past a handful of visitors and fishermen, down the boat ramp and straight out into the depths of Pinto Lake. With their two onboard propellers whirring, the car—now a boat—went for a short cruise around the lake and then returned to shore. They drove up the boat ramp and readied for another group of friends for a second journey across the water. Welcome to the Amphicar—the “car that swims.” The Amphicar was built in Germany from 1961 to 1968. Total production amounted to 3,878 vehicles. “They have a 43 horsepower British Triumph engine and are seaworthy and freeway legal, with hardlights,

taillights and a standard CF boat registration number,” said owner Ken Chambers of Los Gatos. He said the Amphicar is certainly a “head turner,” in that people are not prepared to see a car drive from the roadway into the water. Chambers added that one of the cars has crossed the English Channel and two of them made roundtrip ocean cruises to the Catalina Islands off the California Coast and back, a 44-mile trek. “They took in some water on the English Channel trip because they did hit some rough waters,” Chambers said. “But it does have a bilge pump.” The Amphicar has a top speed of 7 mph in the water and 70 mph across the land. According to Amphicar.com, the Amphicar originally sold for between $2,800 and $3,300, depending on the year. They have appeared in movies, such as “Pontiac Moon,” and were also utilized as emergency vessels for first responders. “I’ve had some people call 911,” Chambers said “It’s a fun car and they’re well-built.”

Los Gatos Music & Arts and Linda L. Lester will present “The GALA” for Jazz On The Plazz, featuring renowned vocalist Kim Nalley. The event will take place Sept. 26 from 5-9pm La Estancia Estate, 18000 Overlook Road in Los Gatos. The gala benefits Jazz On The Plazz, which has not been held for the last two years due to Covid-19. The event is intended to raise the seed money for the 2022 festival. The GALA features Nalley along with Tammy Hall (Piano), Michael Zisman (Bass), Mads Tolling (Violin) and Leon Joyce (Drums). Nalley has toured the world from Moscow to Lincoln Center and festivals from Umbria Jazz to Monterey Jazz garnering international press, awards and ranking high on jazz charts. “The last two seasons of limited-to-no production of our marvelous live programming has challenged our spirits and tested our resolve,” Jazz On The Plaza Executive Producer

RESIDENTS DESCRIBE STRUGGLES OF BLACKOUTS Power Outages, from page 8 “It’s important to maintain some emotional balance in this,” he said. “But at the same time, we’re pissed off.” He said he recently received a message from a woman who fell down in the dark during the Labor Day outage and told him she experienced head trauma. “PG&E’s saying they’re doing it for our safety,” he said. “All they’re doing is shifting the liability from themselves to us.” After all, making power lines so touchy they switch off and cause hundreds of people to fire up gasoline-chugging generators isn’t exactly

VOCALIST Kim Nalley headlines a Sept. 26 benefit for Jazz On The Plazz.

Michael Jacobi said. “But jazz is one of the best medicines known to man, and we cannot abandon our mission to bring the very best music to our fans. That is why this year’s Gala is so important. It will provide the foundation for our future programming… and it’s going to be a lot of fun. Please join us in helping to keep Los Gatos jazz alive.” Cocktails, wine, small plates, desserts and an auction will be part of the evening. Admission is $200. For information, visit jazzontheplazz.com.

an effective way to guard against wildfire, he added. “Wells are powered by electricity,” he said. “If Cal Fire comes and needs to tap into our system, they can’t, because there’s no pressure.” The company refuses to meet with the residents, according to Horton. “We are not going to sit by and let them drag their feet,” he said. “We’re not going to give them a pass.” Bud Everts, Lake Canyon Mutual Water Company’s treatment plant operator, said he’s been discussing the PG&E power outage problems with Santa Clara County fire officials. “It is the only source of water for the entire canyon,” he said, noting their 125,000 gallons of storage has dropped as much as 20% during blackouts. “Every time we start to top off our tanks the power goes out.” ➝ Power Outages, 29

Drew Penner, Reporter

The lawyer representing Scott Johnson, the quadriplegic suing at least 18 Los Gatos businesses over disability-access concerns, is firing back at critics who believe his client is treating mom-and-pop businesses unfairly. Dennis Price of the Center for Disability Access, a division of Potter Handy, LLP, says the notion some on the ability spectrum must “beg for equality” and shouldn’t be allowed to use the courts to ensure laws are respected is a downright “ableist” perspective. “Equal access is a guaranteed right, not something that must be demanded,” he said. “Disability rights are the only class of civil rights where this is considered a valid question.” Court records suggest Johnson has filed more than 1,000 lawsuits under the Americans with Disabilities Act in less than two years, including a recent cluster against local businesses such as Main Street Burgers, Fleur de Cocoa and Los Gatos Roasting Co. Many of those who have found themselves in Johnson’s crosshairs say he looks for minor infractions and doesn’t give them a chance to renovate before demanding they pay up; they say he’s out to enrich himself. Price confirms Johnson’s motivation is, indeed, self-interest—at least to some extent. “He is an advocate, and he takes disability rights very seriously,” he said. “This is partially a selfish motivation—he needs access himself—but also on behalf of others situated similarly to him.” People with disabilities are discriminated against on a daily basis, Price points out, adding, in his view, the cases Johnson has filed over the years have made California “substantially” more accessible. “If a person is denied access to a business on the basis of the color of their skin, no one would even consider suggesting they must give the shop

owner a chance to stop being a racist before enforcing their rights,” he said. “That is the functional equivalent to what is being asked.” According to the local Chamber of Commerce, two more ADA lawsuits surfaced in the last week involving Los Gatos companies, one against The American Italian Delicatessen and one against Tea on the Avenue, bringing the total to at least 18. Catherine Corfee of Corfee Stone & Associates has been practicing disability law since 1995, and says she’s deposed Johnson on at least three occasions. Back in the day, she says she used to deal with Johnson directly—until the civil action where she represented four women who sued him for sexual harassment. Jenna Doeuk, Esra Jones, Monthica Kem and Micaela Lucas took Johnson to Sacramento Superior Court. The “legal assistants” claimed they had to go through training that required them to see Johnson completely naked, rub lotion on him and help him get dressed. The parties ultimately settled in 2016 for an undisclosed sum, but documents that came to light during the case showed the legal assistants were given “cheat sheets” to scour the state for offending businesses Johnson could target. “They had a quota they had to meet,” Corfee said. “He put a lot of pressure on them.” Price notes the evidence in that case was never tested in front of a judge, and says Johnson always visits—or at least tries to visit—every business he sues. Corfee says she hopes the courts will begin to rein in the broad interpretation of ADA enforcement that’s given people like Johnson the green light. “I want the judges to know and see that this is a racket,” she said. “We need some brave judges who are not political to start to interpret the statute like they should.” Corfee says she’s defended a handful of Los Gatos businesses so far, and says Potter Handy recently became

FRONT ROW A wheelchair-accessible parking space is shown in front of Grocer + Goddess in downtown Los Gatos, which is one of at least 18 businesses facing an accessibility lawsuit. eager to settle a bunch of cases, just as his trial date in a tax evasion case approached, weeks ago. She believes he was trying to generate cash to cover legal expenses. After that trial was continued, the desire to settle cases appeared to quickly evaporate, she said. Price declined to comment on the case—or the assertion his client used vexatious litigation to raise money to fight the IRS—but he agrees disability law can be a pretty good money-maker. “ADA defense is an extremely lucrative practice area, where some attorneys know their clients have violated the law, but rather than encouraging appropriate resolution they instead choose to smear the victims of discrimination,” he said. “This allows them to drive up litigation defense costs, paid to them, buoyed by their client’s stoked anger.” In fact, many defendants spend tens of thousands of dollars only to fire their lawyer once they realize they can’t win, according to Price. “Ginning up outrage does nothing to improve access,” he said. “It simply makes the defendant a victim of their defense attorney’s tactics.” According to Corfee, some ADA attorneys do operate in a predatory fashion. “I think there are defense law firms that use these cases like a mill,” she

said. “They offer flat rates and make a lot of money on it.” Corfee notes she also practices employment law, and says she isn’t out for the quick buck. “They know I’ll go the distance,” she said. “And I just keep fighting out of principle.” Meanwhile, the Chamber has been recommending local defendants reach out to Chris Olson at Sweeney Mason LLP, based in Los Gatos, who focuses on construction and employment law. Olson told local business representatives how he successfully defended Opa!, the Greek restaurant in Campbell, against Johnson. In August, Northern District Judge Phyllis Hamilton dismissed the claims against the restaurant’s owners, Opa Management Group, Inc. and Opa Campbell, LP. “Defendants took affirmative steps to become compliant and prevent future violations,” she said. “Defendants’ briefing and evidence indicates that they never intended to discriminate against persons with disabilities. There is no indication in the record that defendants have any history of ADA violations, or an intention to violate the ADA again.” But while representing Latte Express against a different plaintiff, the U.S. Magistrate Judge Alex Tse allowed that case to proceed. ➝ ADA Lawsuit, 27

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At least 18 Los Gatos establishments under fire

Drew Penner/Los Gatan

ATTORNEY FOR MAN SUING LOCAL BUSINESSES WEIGHS IN

Drew Penner/Los Gatan

SPEAKING OUT Lauren Cerri of Corsiglia, McMahon & Allard, who represents a student who claims she was sexually assaulted between 1999-2001, speaks at an August rally in Los Gatos.

COUNTY COURT REJECTS ATTEMPTS TO DECLARE SEX ABUSE REPORTING LAW UNCONSTITUTIONAL Judge chastises school district lawyers for ‘willful misreading of current law’

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Drew Penner, Reporter

According a civil action brought in January under a landmark #metoo-era child-sex-abuse reporting law, AB 218, Los Gatos-Saratoga Union High School District employee Willie Harmatz pressured students not to cooperate with police investigating Los Gatos High School track coach Chioke “Chee” Robinson. In a ruling handed down this summer, Santa Clara County Superior Court Judge Peter H. Kirwan lambasted the district’s lawyers “willful misreading of current law,” and for multiple attempts to have him deem AB 218 unconstitutional. “They just don’t want to be held accountable,” said Lauren Cerri of Corsiglia, McMahon & Allard, the lawyer

for Jane Doe, who claims she was sexually assaulted by Robinson between 1999-2001. “This is an incredibly egregious case.” This month, the firm filed another Santa Clara sex abuse case against Robinson for illicit behavior a new female accuser says began in 2009, after he went on to coach track at Piedmont Hills High School. Back when Robinson was the Los Gatos High girls’ sprinting and running coach in the 1998-1999 school year, another student warned Harmatz about Robinson’s predatory behavior, but was told to stay away from him and “run on the other side of the track,” according to the Los Gatos complaint, which says he took no other action. Robinson started grooming Jane Doe that year when she was a 14-15-year-old freshman, and by the time she was 15 he’d already forced her to touch his genitals at a track meet, the lawsuit claims.

“Robinson repeatedly sexually abused plaintiff, escalating his abuse to include oral sex and sexual intercourse on school grounds, including but not limited to in the track and field shed, from 1999 through 2001,” the complaint states, adding the Los Gatos Police Department had been investigating the situation as early as November 1999. “During the investigation, a student disclosed to the LGPD that she had witnessed Robinson’s sexual abuse of plaintiff,” the lawsuit reads, adding, “Harmatz drove to that student’s house, requested to speak to that student outside her mother’s presence, and then threatened to make her athletic career difficult if she did not stop ‘lying’ about Robinson.” Administrators did nothing at the time besides encouraging Robinson to “use common sense,” and they let him keep coaching Jane Doe, according to the suit. The district, Harmatz and Robinson, are all defendants. Mark Davis and Eric Bengtson, of San Josebased Davis, Bengtson & Young, APLC represent the district. Leila Nourani, Douglas Egbert and Bailey McCabe, of Sacramento-based Jackson Lewis P.C., signed on as co-counsel for the district at the beginning of July.

Attempt to fend off liability Both the district and Harmatz launched a “demurrer and motion to strike” in an attempt to escape liability for Robinson’s purported conduct, which was heard by Judge Kirwan on July 13, 2021. The district’s lawyers worked on chiseling down the two causes of action levels against them and their employee, Harmatz. The first is “sexual abuse of a minor”—which was well beyond the statute of limitations, but was allowed to come forward due to AB 218. The second is “negligence of district employees.” Jane Doe also sought “treble damages,” meaning three times the money you would get in other circumstances. AB 218 had extended the possibility of bringing treble damages into the picture, as long as plaintiffs could prove there was a cover-up. Because the district is publicly funded, until AB 218 passed, a sexual assault victim would’ve had to make a claim against it within six months of the abuse occurring. “You can’t just sue the public entity,” Cerri explained. “You have to first put them on notice.” The “primary basis” for the district’s effort to have the lawsuit tossed was Jane Doe’s “purported failure to timely comply with the claims presentation requirement of the Government Claims Act,” Kirwan said, adding, “It also claims that recent changes to California law made when AB 218 was signed into law in October 2019 are purportedly unlawful.” The girl’s mother reported the abuse to police after finding a pregnancy test and a ripped-up love letter from Robinson, Cerri said. Jane Doe originally denied the illicit relationship to investigators, something which is quite common in child-sex-abuse cases, she added. Judge Kirwan wasn’t buying what the district was selling on this front, noting AB 218 explicitly removed a key barrier to bringing such claims—Gov. Code 905, section m—which limited lawsuits to crimes that happened in 2009 or later. “AB 218 clearly removed this language but the District still asserts that the Gov. Code 905(m) exception to the claims presentation requirement does not apply to plaintiff ’s claims ➝ Civil Lawsuit, 27

because the AB 218 amendment has no retroactive application to claims based on conduct occurring before Jan. 1, 2009,” he said. “This argument is unpersuasive as it depends upon a willful misreading of current law after the passage of AB 218.” The district also attempted to have the law thrown out by calling it “unconstitutional” under both federal and California law. This could have meant that child-sex-abuse victims across California would’ve been prevented from finally having their day in court.

‘They just don’t want to be held accountable. This is an incredibly egregious case.’ —Lauren Cerri

“They’re covering up for these predators," Cerri said. “It’s just evading responsibility.” As far as AB 218 violating the district’s due process rights under the U.S. Constitution? “This argument is also unpersuasive,” Judge Kirwan said, noting the defendants “have no constitutional right to be free of the obligation to defend claims revived by the changes.”

‘Unpersuasive’ arguments The district’s lawyers tried to say that AB 218 should be considered as an illegal “gift” of public funds, under Article XVI, Section 6, of the California Constitution, since state lawmakers aren’t supposed to force public

IN COMPLIANCE Mistie Boulton, co-owner of Oren’s Hummus, stands next to a new ADA compliant table at her Cupertino location.

BUSINESS OWNERS PLAN TO FIGHT LAWSUITS ADA Lawsuit, from page 25 Mistie Boulton, CEO and co-owner of Oren’s Hummus, LLC, is facing six Johnson lawsuits. She admits they did have some minor ADA issues with their Cupertino location—which they quickly fixed. “All of the other ones have had ADA tables,” she said. “We do everything in our power to be compliant.” Johnson says he visited the Oren’s Los Gatos location four times in June 2021. “Unfortunately, on the dates of the plaintiff ’s visits, the defendants failed to provide wheelchair accessible outside dining surfaces in conformance with the ADA Standards as it relates to wheelchair users like the plaintiff,” that complaint states. “The Restaurant provides dining surfaces to its

customers but fails to provide any wheelchair accessible outside dining surfaces.” Boulton doesn’t believe Johnson ever came to her Los Gatos restaurant. She says she bought new patio furniture—including an ADA-compliant table—in recent weeks, and before that, she long had ADA tables from the restaurant in the exterior temporary parklet area. In addition, the outdoor sections in Mountain View, and at their full-service Palo Alto location, each have at least 6-8 ADA tables, according to Boulton. Luckily, the business has ADA insurance. But they’ll still have to pay the $5,000 to $7,500 deductible per location. “We definitely want to fight,” she said, noting Oren’s has banded together with at least 25 other Silicon Valley businesses to help each other get past these lawsuits. “I would rather fight them, even if it costs me more, rather than just roll over.”

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Civil Lawsuit, from page 26

entities to give money to people who don’t have a legal claim to it. Judge Kirwan shot this down, too. “These arguments are unpersuasive,” he said. “The District has in no way established that plaintiff ’s claims are ‘invalid.’” When asked why district lawyers have been trying to convince a judge to rule that the child-sex-abuse law—AB 218—is unconstitutional on multiple grounds, District Superintendent Michael Grove said he had no idea their lawyers were going to try this tactic. "I would refer you to the law firm in question to address questions about litigation," he said, adding, "but to be clear, we’ve had no conversations with nor given direction to any legal counsel regarding 'throwing out' the law to which you refer." Lawyers for the district did not respond to multiple interview requests by phone and email. In a victory for the district, Judge Kirwan ruled it “cannot be vicariously liable for defendant Robinson’s alleged acts of sexual abuse as they were beyond the course and scope of his employment.” He explained he couldn’t find any cases to back up the idea that the administration should be held directly responsible for what Jane Doe says Robinson did to her. “Leave to amend is denied as it does not appear to the Court that the defect (the lack of any statutory basis for the claim to be brought against a public entity) can be cured,” he ruled. However, that doesn’t mean Harmatz won’t be held responsible, Judge Kirwan clarified. Similarly, he said the district can’t be sued for treble damages. For this, he based his logic on a decision earlier this year in a case involving the Los Angeles Unified School District. “In light of this ruling it is not necessary for the Court to consider the District’s further argument that the complaint fails to sufficiently allege a cover up,” Judge Kirwan said. “This ruling does not bar the request for treble damages against defendant Harmatz.” Cerri said she was aware of the LAUSD case, so she wasn’t too surprised. But, she adds, she’ll wait to see if that decision is appealed and overruled. And if it is, she’ll go after the district on behalf of Jane Doe, for treble damages, once again. The next case management conference is set for Oct. 5.

Contributed

JUDGE RULES DISTRICT CANNOT BE ‘VICARIOUSLY LIABLE’

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DISPENSARIES COULD BOOST OUTAGES AFFECT TOWN’S BOTTOM LINE WATER TREATMENT PLANT OPERATIONS Cannabis, from page 6 revenues are not.” He also indicated that tax hikes may be in the works to help pay for town services. This November, the Los Gatos Union School District will ask voters to renew the existing $290 school parcel tax for eight years, add another $45 on top of that, with annual two percent increases built in. The town council decided in January to seek resident input on cannabis questions, which is the reason for the survey. It can be found at wklys.co/ lgcsurvey. It will be online through Oct. 22. After the survey results are in, the town council will decide what, if any, next steps should be taken. “I expect it will go back to the council by the end of the year and we’ll drill down on the numbers that can be attained,” Schultz said. If the town council decides to move forward, Los Gatos voters would then decide if cannabis sales should be taxed. The tax question would be included on the November 2022 ballot, Schultz said.

Power Outages, from page 24 That’s significant, because they actually rely on this system for fighting fires, he said, adding they faced eight separate outages since the beginning of August. Everts says, despite supplying 56 homes in Los Gatos, he has to rely on the same opaque messages as everyone else to find out if his community will have access to clean drinking water. “There’s a real lack of communication,” he said. “I don’t get special notification.” Ian Young, 51, is a technical writer who’s supposed to be working from home because of Covid-19 protocols. Turns out, that’s hard to do when the power is out. “I have to hang out at internet cafes,” he said. “I’m spending a lot of time driving up and down the hill.” He predicts if PG&E doesn’t make big changes soon, it will come back to bite them. “This is going to keep happening,” he said. “Pay now or pay later.”

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