Wed07292015

News

Cal Water says no E. coli in water; limits boiling advisory area

Cal Water says no E. coli in water; limits boiling advisory area

Cal Water officials said today that preliminary water quality test results were negative for E. coli were negative and "only a single hydrant" in the South El Monte area of Los Altos showed the presence of total coliform. They reduced the "boil your ...

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Schools

Foothill STEM camps offer resources for low-income students

Foothill STEM camps offer resources for low-income students


Sana Khader/Town Crier
Students use software connected to a 3D printer, left, to create a miniature San Francisco, including the Ferry Building, below, at Foothill’s STEM Summer Camps.

Expanding efforts to spark and inspire students’ int...

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Community

Local resident cooks her way from cheerleader to Food Fighters

Local resident cooks her way from cheerleader to Food Fighters


Courtesy of the MacDonald family
Amber MacDonald competes on an episode of “Food Fighters,” scheduled to air 8 p.m. Thursday on NBC.

A newly arrived Los Altos family has an unusually public get-to-know-you moment this week – Amber MacDonald and ...

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Comment

Letters to the Editor

Ad-plane flyover marred festival

I hope that other residents who share my concern that the Geico plane flying low over the Los Altos Arts & Wine Festival and our homes for hours on end marred the “fun for everyone” that the Town Crie...

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Special Sections

Heart attack survivor cherishes life after near-death experience

Heart attack survivor cherishes life after near-death experience


Photos Courtesy of Tim Pierce
Los Altos Hills resident Tim Pierce, right with emergency medical responder Steve Crowley, suffered a heart attack in May.

After what Tim Pierce went through recently, no wonder he tries to cherish every moment as if he...

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Business

PAMF debuts cosmetic surgery center

PAMF debuts cosmetic surgery center


John Ho/Special to the Town Crier
The Palo Alto Medical Foundation Center for Cosmetic Surgery at 715 Altos Oaks Drive is the organization’s first center focused solely on cosmetic procedures.

Los Altos’ newest medical office – the...

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Books

Book Signings

• Fritz and Nomi Trapnell have scheduled a book-signing party 4-6 p.m. Aug. 1 at their home, 648 University Ave., Los Altos.

Fritz and his daughter, Dana Tibbitts, co-authored “Harnessing the Sky: Frederick ‘Trap’ Trapnell, ...

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People

GRACE WILSON FRANKS

GRACE WILSON FRANKS

Resident of Los Altos

Grace Wilson Franks, our beloved mother and grandmother, left us peacefully on July 16, 2015 just a few weeks short of her 92nd birthday. She was born to Ross and Florence (Cruzan) Wilson in rural Tulare, California on Septem...

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Travel

Gearing up: Make travel more civilized with accessories

Gearing up: Make travel more civilized with accessories


Eren Göknar/Special to the Town Crier
San Francisco-based humangear Inc. sells totes, tubes and tubs for traveling.

In travel, as in romance, it’s the little things that count.

Beyond the glossy brochures lie the travel discomforts too mun...

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Stepping Out

Engineer builds second career as actor

Engineer builds second career as actor


David Allen/Special to the Town Crier
Actors rehearse for Foothill Music Theatre’s “A Funny Thing Happened on the Way to the Forum.” The cast includes, from left, Tomas Theriot, Todd Wright, Mike Meadors and Ray D’Ambrosio. ...

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Spiritual Life

Christ Episcopal pastor departs Los Altos for new post in SF

Christ Episcopal pastor departs Los Altos for new post in SF


Courtesy of Sara BoaDwee
Christ Episcopal Church celebrated the ministry of the Rev. Dr. Malcolm Young and his wife, Heidi, at a farewell luau June 28.

Members and friends of Christ Episcopal Church bid farewell June 28 to the Rev. Dr. Malcolm C. Yo...

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Magazine

Inside Mountain View

Residents gather at NASA Ames for Pluto Flyby event

Residents gather at NASA Ames for Pluto Flyby event


Megan V. Winslow/Town Crier
NASA Ames’ Pluto Flyover event kindles the imaginations of young attendees.

Sue Moore watched the July 20, 1969, moon landing beside patients and staff members of the San Francisco hospital where she worked as a nurse...

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Judge rules against local businessman in Ponzi-like case

After a year of back-and-forth, a judge concluded this week that Los Altos resident Mark Feathers and his company, Small Business Capital Corp., violated federal securities and exchange laws.

U.S. District Judge Edward J. Davila accepted Securities and Exchange Commission evidence that because of fraud and mismanagement, SB Capital’s 400 investors have lost approximately 25 percent of the $42 million they invested.

In an order filed Friday, Davila granted the SEC’s request for a summary judgment and denied Feathers’ competing request for the same. He ordered the “disgorgement of ill-gotten gains” and set a hearing date Oct. 22 to consider “what remedies are to be granted and in what amounts.”

A court renders a summary judgment when a judge finds no genuine dispute as to any material fact – in other words, when evidence appears so conclusive as to not require a full trial. Representing himself and his company, Feathers had to show what Davila called a “genuine issue for trial.” In his order, Davila laid out why Feathers’ submissions to the court did not meet that standard and discussed to what extent the court had to cut Feathers some slack – to “liberally construe” his submissions – because he represented himself without a lawyer. Evidence submitted to the court must include affidavits or “other evidentiary material,” and Davila described Feathers’ submissions as falling short of that standard.

“I have been outnumbered by a large margin in the manpower necessary to present facts, never mind putting them into the right legal framework,” Feathers told the Town Crier in an email.

He wrote to investors that he would appeal the judgment.

Investors, many of them Los Altos residents, bought into two mortgage investment funds Feathers managed from an office on San Antonio Road. The SEC contended that Feathers transferred money from the funds to pay expenses and make cash distributions to investors that masqueraded as “returns on investment,” maintaining an illusion of profitability.

SEC attorney John Bulgozdy described the process of using investor money to pay returns as “Ponzi-like.” Feathers maintained that because he disclosed the loans and transfers to investors, his actions were aboveboard and not in fact evidence of fraud and misrepresentation.

Feathers submitted hundreds of documents including SB Capital paperwork and emails to the court, but Davila wrote that Feathers didn’t indicate with sufficient specificity what he believed they proved – “It is not the task of the court to comb through the record in search of genuine issue of triable fact.”

In his order, Davila referenced testimony from an auditor and a consultant suggesting that Feathers loaned himself money from the funds, then documented it in a way that made the business appear to still be generating profit.

Davila had to weigh whether a “reasonable investor” might have made a different decision with his or her money if he or she had known about the loans and money transfers at SB Capital. He concluded, based in part on declarations two investors made to the SEC, that investors might have withdrawn their investments if they had known what the company was doing.

Davila declared that Feathers’ accounting demonstrated an intent to deceive or, at a minimum, “extreme recklessness in his management of the (f)unds.”

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