Twisted Tale Of Theater In Danville / Money woes, suit postpone opening

Published 4:00 am, Thursday, March 29, 2001

By John King

2001-03-29 04:00:00 PDT Danville -- By now, the Mount Diablo Center for the Arts was to be the cultural hub of Danville -- a posh oasis of theater, sophisticated and social all at once.

Instead, it's a handsome building with a hollow core. One contractor says he's owed $130,000, the land's former owner wants his day in court, and the theater inside the fieldstone-covered shell can't be finished unless donors kick in another $2.6 million.

But as landscapers put finishing touches around the office building that shares the site, and a torn canvas banner that reads "The Curtain Can't Go Up Without You" flaps in the wind, the center's creators say it's only a matter of time before everything works out.

"When it's done, it's going to be bloody gorgeous," says William McCann, the Danville attorney who came up with the idea of fusing a nonprofit theater with a for-profit development five years ago. "This is a very different project. It's unique."

The saga of the arts center is more tangled than a Victorian melodrama, with no end in sight. Already, though, it serves as a cautionary tale to other cities that dream of having their own full-scale theater -- by showing that culture and commerce don't necessarily mix.

Four years after McCann embarked on the project with partner Gordon Bingham, a former BMW dealer who lives in Alamo, what they have to show for their efforts is a striking 39,000 square foot office building linked to a 299-seat theater by a rotunda that will serve as the theater's lobby.

The link isn't just physical: the pair say they conceived of the office project as a way to help create what one fund-raising brochure promises will be "the place for performing arts and arts education for all valley residents."

"Promote the flowering of arts," McCann explains. "That's why we did it."

The theater was supposed to open last summer, but construction is at a crawl because there isn't the money to finish the theater's interior -- even though the office building is almost ready for occupancy, with a $15 million offer to purchase it on the table.

Clouding the sale is a lawsuit filed last month by the land's former owner - - Dublin developer Sid Corrie, who says that the pair used fraud to purchase the site from him at a below-market price.

The lawsuit charges that McCann persuaded Corrie to contribute a portion of the land to the Belasco Children's Theater, a small Walnut Creek company; McCann was president of the company's board. McCann and Bingham agreed to pay $1.4 million for the remainder of the property. The lawsuit charges that McCann later transferred control of the theater site from the Belasco company to McCann and Bingham at no cost.

Corrie claimed a charitable deduction for the land donation in 1997. Last year, the Internal Revenue Service last year disallowed it.

McCann's reaction to the suit?

"I would characterize the lawsuit as destructive, malicious and libelous," he says. "I hope that's direct enough."

Whatever the facts, Belasco no longer is on the list of possible tenants for the center: "The Belasco Theater Company has no relation or affiliation" with Mount Diablo Center, Belasco attorney Randy Rogers says pointedly. "It hasn't had any contact with anyone at the center in years."

Corrie's not the only one with claims against the project. Delta Steel Erectors, which built the structure, filed a complaint in December saying it is owed $130,000. McCann characterizes the action as "a blip on the screen. . .

. What's at issue are extra charges which are disputed."

Assuming that the legal troubles are settled and the sale goes through, you might think any profits would be used to finish the theater. Not so -- Bingham and McCann say the office building has contributed enough already.

"There's $4 million of infrastructure here -- parking, landscaping, the rotunda," Bingham maintains, "and the theater hasn't paid for any of it."

For the record, Bingham and McCann aren't the only ones calling the shots. They are limited partners in the company building the complex; the managing partner is Bill Tauscher, a former computer services firm owner best known as Congresswoman Ellen Tauscher's former husband.

Tauscher could not be reached yesterday, but McCann describes him in glowing terms.

"Bill Tauscher is a saint," McCann says. "The idea was to subsidize the arts. Bill Tauscher was enough of a visionary to see the potential."

Even if work on the theater slows to a halt, Bingham and McCann say the future is secure: the arts center is owned by a nonprofit foundation they created, and there's a 99-year lease at $1 a year. In the meantime, $3.4 million has been pledged to the project -- but McCann says another $2.6 million is needed to finish everything in style.

And who waits, figuratively, in the wings? Many groups besides Belasco have been mentioned as possible performers, but only one is signed on: Playhouse West, a Walnut Creek company with 900 subscribers.

As for potential donors, don't look for Danville to help close the gap. The Town Council approved the unusual project, and waived some development fees, but a request for $500,000 last summer was rebuffed.

"It's a private project," points out council member Newell Arnerich. "I'm sure they're the type of individuals who will pull this through. It may take a little longer than expected, but I look forward to attending the opening night celebration."

Count on it, Bingham promises: "Everyone says the second half of a fund- raising campaign is easier than the first. . . . We've had hundreds of donors. I believe it's the most successful fund-raising campaign in Contra Costa."

One last question for McCann. If he could turn the clock back, would he do all this again?

"Yes I would," McCann says. "When you try to give birth to beauty, there's always a concomitant crucifixion."

It the theater succeeds, that phrase should be carved in stone above the entryway. If not . . . it's a striking epitaph


Pleasant Hill: Multiple fires gut DVC police building

By ROMAN GOKHMAN | Bay Area News Group
PUBLISHED: June 23, 2008 at 8:54 pm | UPDATED: August 15, 2016 at 6:22 pm
PLEASANT HILL — An arson likely destroyed the police services building at Diablo Valley College early Monday, investigators said.
“We had two (fires) on the outside and one on the inside in the lobby,” said Contra Costa County Fire Marshal Richard Carpenter. “Probably, the whole building will have to be replaced.”
The fire was reported at 2:25 a.m. in the 1,700-square-foot building located in the southeast corner of the campus by Parking Lot 2. The school runs along Golf Club Road.
The Contra Costa Fire Protection District responded with four engines, one truck and about 20 firefighters.
Carpenter said the fire destroyed the lobby and the rest of the building sustained heavy heat and smoke damage.
DVC spokeswoman Chrisanne Knox said police services, an actual law enforcement department that patrols several campuses within the Contra Costa Community College District, is based at Diablo Valley.
The department has about 20 sworn officers — five to six of whom work at DVC — four higher-ranking officers including a chief, about four dispatchers, two parking officers and 10 to 15 student aides.
On an interim basis, the police department will operate out of a conference room in the business and foreign language department.
“It was designed as an emergency command center and has all the (required communications equipment),” Knox said.
The college is looking at several other locations for a longer-term temporary home for the department.
She said the cost of the damages to the building has not been determined and it is not clear if it will be knocked down or restored.
“There was very little that was salvageable,” she said.
The criminal investigation is being led by the Contra Costa Sheriff’s Office, Knox said, with Pleasant Hill police and the school district police department assisting.
Carpenter said fire investigators are still trying to determine what kind of fuel was used by the arsonist.
Reach Roman Gokhman at 925-945-4780, or at


Sen. Mark DeSaulnier’s Rusty Bolts Installers

This page reserved for my observations of the 500 Million Dollar Rusty Bolt Installers. 

Berkeley March4Trump:

When Congressman DeSaulnier plus others decided to boycott the inauguration his actions emboldened protesters but he also eroded his credibility with his peers on the other side of the aisle.

One thing you do as an American is support the President who has access to information most elected officials will never ever see.


Police Release Surveillance Image of Suspect in Walnut Creek Kidnapping, Robbery

Police Release Surveillance Image of Suspect in Walnut Creek Kidnapping, Robbery

By Bay City News

Walnut Creek Police Department

Walnut Creek police have released this surveillance image of a kidnapping and robbery suspect.
Police have released a surveillance photo of a man suspected of kidnapping a woman at gunpoint from her front yard in Walnut Creek on Tuesday and forcing her to withdraw cash from a bank.
The suspect is described as a white man in his 30s or 40s with an average build who is roughly 5 feet 6 inches to 5 feet 10 inches tall. He was wearing jeans, a long-sleeve gray T-shirt, a straw hat, sunglasses and stockings or another item to cover his face at the time of the kidnapping and
Police received a report around 11:55 a.m. Tuesday of a woman who was confronted in her yard in the 400 block of Muller Road by a man armed with a gun.
The suspect ordered the victim to drive to a Bank of America branch in downtown Walnut Creek where she withdrew money. The woman then drove back to her neighborhood and was let go unharmed, according to police.
Police: Walnut Creek Woman Kidnapped From Front Yard
[BAY] Police: Walnut Creek Woman Kidnapped From Front Yard
A gunman kidnapped a Walnut Creek woman from her own front yard, police said Tuesday. Terry McSweeney reports.

(Published Tuesday, Sept. 23, 2014)
Police said the suspect may have fled in what was described as a smaller, 1990s station wagon, possibly with a blue sticker in the rear window.
The crime remains under investigation and anyone with information is urged to call Walnut Creek police at 925-256-3518.
Published at 5:30 PM PDT on Sep 24, 2014 | Updated at 5:55 PM PDT on Sep 24, 2014
Source: Police Release Surveillance Image of Suspect in Walnut Creek Kidnapping, Robbery | NBC Bay Area
Follow us: @NBCBayArea on Twitter | NBCBayArea on Facebook


The Pathetic Congressman DeSaulnier, the lynching of a black man near his former bar TR’s home of the Political power lunch crowd.

Dear Constituents and Readers

I have colorful but a tragic history connected to Congressman Mark DeSaulnier.  I was was once a heavy drinker in his bar.  We met in 1981 when m crew was building Hobies Roadhouse Bar and Restaurant when the City of Concord was a different place. 

There was a rough and tumble crowd near downtown off Sixth Street, there was urban sprawl extending to Clayton, but two blocks south a black man was lynched which is one of the original staged suicides,

Concord has many chapters of cover-ups and viscous political plays.   My personal connection is losing millions when my witness was murdered 1989.  The big problem was no one from the District Attorneys office asked my attorneys if his testimony was important. 
Public Meetings and Police
IN the coming days I am filing a claim with Diablo Valley College over the Affordable Care Act (ACA) meeting held on the DVC Campus.  Arriving early left a wide open clear space where the first row was empty.
Within minutes the College Police were called then later I was escorted out during a conversation with the President of DVC where we were discussing the murder of John T. Nejedly.
I know that Former Concord Officer Foley time as Concord Officer overlaps Congressman DeSaulnier business and political career that he and Foley would have met.
Too bad for the FBI I know enough about the CNET Scandal to know that anyone serving in SWAT would know Commander Norman Wielsch now inmate Wielsch sitting in Federal Prison.

In 1986 a black man found himself on he last train leading to the last stop leading to the Concord BART.   He called family for a ride but the next morning he was found hanging from a tree between TR’s Bar and Grill and the Concord BART. 

In 2003, less than 500 feet from the 1986 lynching Kevin Flanagan took his life in the B of A parking garage on the last day of job after being outsource.   There I am in 2003 holding a protest about American Jobs where I felt like the Baton Death March of WWII.  For us it was a war for B of A and IBM you got a bonus.  

1988 – 1991: Concord City Planning Commission
1991 – 1994: Concord City Councilmember
             1993: Mayor of Concord
1994 – 2006: Contra Costa County Board of Supervisors
1997 – 2006: California Air Resources Board
1996 – 2006: Association of Bay Area Governments
1996 – 2006: Bay Area Air Quality Management District
1996 – 2006: Metropolitan Transportation Commission
2006 – 2008: California State Assembly
2008 – 2014: California State Senate


Congressmen Mark DeSaulnier and the Home Invasion Robbery - A case for child abuse

Dear Constituents and Readers.

The above collage is my rolling tragedy where my elected officials have gone out of their way in their attempts to eliminate me.  Every face is a story linked to my story but every call made to Congressman Mark DeSaulnier falls on his very deaf ears.

I have colorful and tragic history connected to Congressman Mark DeSaulnier.  I was was once a heavy drinker in his bar.  We met in 1981 when I built a bar called Hobies Roadhouse.  Concord was a different City then.  There was a rough and tumble crowd near downtown off Sixth Street, there urban sprawl out to Clayton CA and the Lynching of Timothy Lee in the County of Suicides, Cover-ups and viscous political plays.

IN the coming days I am filing a claim with Diablo Valley College over the Affordable Care Act (ACA) meeting held on the DVC Campus.  Arriving early left a wide open clear space where the first row was empty.

Within minutes the College Police were called then later I was escorted out during a conversation with the President of DVC where we were discussing the murder of John T. Nejedly.

I know that Former Concord Officer Foley time as Concord Officer overlaps Congressman DeSaulnier business and political career that he and Foley would have met.

Too bad for the FBI I know enough about the CNET Scandal to know that anyone serving in SWAT would know Commander Norman Wielsch now inmate Wielsch sitting in Federal Prison.

1988 – 1991: Concord City Planning Commission
1991 – 1994: Concord City Councilmember
             1993: Mayor of Concord
1994 – 2006: Contra Costa County Board of Supervisors
1997 – 2006: California Air Resources Board
1996 – 2006: Association of Bay Area Governments
1996 – 2006: Bay Area Air Quality Management District
1996 – 2006: Metropolitan Transportation Commission
2006 – 2008: California State Assembly
2008 – 2014: California State Senate

Walnut Creek City Council Meeting–April 4th, 2017

Meet Congressman Toasty
Oracle and 9/11
Profile of Oracle employee Todd Beamer killed during WTC Attacks.

Mayor Rich Carlston
Mayor Pro Tem Justin Wedel
Councilmember Loella Haskew
Councilmember Cindy Silva
Councilmember Kevin Wilk
April 4, 2017
4:30 pm - City Council Special Meeting - Closed Session
6:00 pm - City Council Regular Meeting
City Hall at 1666 N. Main Street, Walnut Creek - locations listed below

2nd Floor Conference Room
Under California law, public comments at special meetings are limited to subjects on  the agenda only.
Following an opportunity for public comment, the City Council will reconvene in  closed session pursuant to:
CONFERENCE WITH LABOR NEGOTIATOR  (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Kelly Guertin, Human Resources Manager Employee Organization: General Management Unit
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One case
CONFERENCE WITH REAL PROPERTY NEGOTIATORS: (Pursuant to Government Code Section 54956.8) Property:  3800 Valley Vista Road, Walnut Creek, CA Agency negotiators:  Kevin Safine, Arts & Recreation Director and Brian Hickey, Assistant City Attorney Negotiating parties:  GTE Mobilnet of California Limited Partnership d/b/a Verizon Wireless Under negotiation:  price and terms of payment    ADDED

CITY COUNCIL REGULAR MEETING AT 6:00PM (video recording begins here)
Council Chamber - 1st Floor
ROLL CALL - Councilmember Wilk was absent due to a planned vacation; all other Councilmembers were present.
PROCLAMATION: Assistance League of Diablo Valley – 50th Anniversary
PRESENTATION: Contra Costa Water District Update - Boardmember Ernesto A. Avila

ACCEPTANCE OF WARRANT REGISTERS dated March 10, 2017, March 17, 2017, and March 24, 2017; and Direct Payroll Transfers dated March 17, 2017.
2a - Warrants
2b - Minutes - 03.21.17
ADOPTION OF ORDINANCE rezoning the property located at 2640 Jones Road (APN: 172-140-028) from M-2.5 (Multi-Family Residential) to a new P-D Planned Development District to allow an increase in density and remove the O-12 Overlay District, Jones Road Apartments (introduced on 3/21/17).
2c - Ordinance
2c - Exhibit A (1 of 3) - Proect Plans
2c - Exhibit A (2 of 3) - Project Plans
2c - Exhibit A (3 of 3) - Project Plans
2c - Exhibit B - Zoning Map

ADOPTION OF RESOLUTION accepting certain subdivision improvements for Subdivision No. 9286, Pleasant Creek Homes and accepting certain offers of dedications.
2d - Agenda Report
2d - Attachment 1 - Draft Resolution
2d - Attachment 2 - Vicinity Map
2d - Attachment 3 - Final Map

ADOPTION OF RESOLUTION approving the assessment report for the Walnut Creek Tourism Business Improvement District for Fiscal Year 2017-2018; and ADOPTION OF RESOLUTION declaring its intention to levy an annual assessment for Fiscal Year 2017-2018 for the Walnut Creek Tourism Business Improvement District.
2f - Agenda Report
2f - Attachment 1 - Assessment Report
2f - Attachment 2 - Draft Resolution
2f - Exhibit A to Attachment 2
2f - Attachment 3 - Draft Resolution
2f - Exhibit A to Attachment 3

ADOPTION OF RESOLUTION approving payment of a fee in-lieu of providing on-site parking from Lokanta and Limon Restaurants at 1520-1524 Locust Street.
2g - Agenda Report
2g - Attachment 1 - Resolution
2g - Attachment 2 - Vicinity Map
2g - Attachment 3 - Site Plan
2g - Attachment 4 - Walnut Creek Municipal Code
2g - Attachment 5 - In-Lieu Parking Fee Calculation
2g - Attachment 6 - Loss of Parking Spaces due to ADA Upgrades

ADOPTION OF RESOLUTION requesting the maintenance of the City’s Stormwater Utility Area fee at $35 per equivalent run off unit for FY 2017-2018 and ADOPTION OF THE CLEAN WATER PROGRAM BUDGET for fiscal year 2017-2018.
2h - Agenda Report
2h - Attachment 1 - Resolution
2h - Attachment 2 - Proposed Budget
2h - Attachment 3 - Summary of Upcoming Significant Permit Mandates

ACCEPTANCE OF WORK for Contract 14-24, the 2015 Overlay project to Ghilotti Bros., Inc., as complete.
2i - Agenda Report
REJECTION OF BIDS for Contract 17-03, The Gardens at Heather Farm project.
2j - Agenda Report
2j - Attachment - Bid Evaluation

APPROVAL AND AUTHORIZATION OF THE INTERIM CITY MANAGER to proceed with the disposition of a portion of the Hanna Grove Trail parcel in exchange for an approximate equal area of land adjacent to Shell Ridge Open Space through a negotiated property exchange in accordance with Administrative Policy No. 80-1 and report back to Council for final approval of the terms and conditions of the proposed property exchange.
2k - Agenda Report
2k - Attachment 1 - Vicinity Map
2k - Attachment 2 - Previous Property Exchange
2k - Attachment 3 - Exhibit of Previous Property Exchange
2k - Attachment 4 - Photographs of Current Site Conditions

INTRODUCE AND WAIVE FURTHER READING OF AN ORDINANCE amending Chapter 9 of Title 9, Section 205 relating to Frontage Improvements for the purposes of streamlining permitting and reducing the expense of single-family home remodels and construction.
2d - Agenda Report
2d - Draft Ordinance

This portion of the meeting is reserved for comment on items not on the agenda. Under the Brown Act, the Council cannot act on items raised during public communications, but may respond briefly to statements made or questions posed; request clarification; or refer the item to staff.
Handout received 4/5/17 from Ralph Hoffmann
Pete Bennett

Closed Session announcements - none.
City Manager reports - none.
City Councilmember reports on AB1234 Activities, Councilmember assignments and various activities and upcoming events

In order to avoid the immediate threat to the public health, safety, and welfare, which would result from unregulated, commercial, recreational marijuana activity and outdoor cultivation of recreational marijuana for personal use and to allow the City of Walnut Creek ("City") sufficient time to study, formulate, and consider local regulation for recreational marijuana activity and outdoor personal cultivation of recreational marijuana, it is recommended that the City Council adopt an interim urgency ordinance establishing a temporary moratorium on: 1. All commercial and/or industrial activities involving recreational marijuana, including, without limitation, cultivating, manufacturing, processing, testing, labeling, storing, distributing, and operating of wholesale and retail establishments within the City; and 2. Outdoor cultivation of recreational marijuana, including planting, cultivating, harvesting, drying, and/or processing on the grounds of private residences. Staff Contact: Lindsay D’Andrea, Assistant City Attorney, (925) 943-5899, ext. 5813.
5a - Agenda Report
5a - Attachment - Ordinance

NEXT REGULAR MEETING: Tuesday, April 18, 2017 at 6 p.m. City Hall, Council Chamber 1666 North Main Street, Walnut Creek
Note: A City Council Special Meeting will be held on Monday, April 10, 2017 - Closed Session
The agenda and minutes with links to staff reports are available on the City’s website: (click on "Public Meetings - Video" under the "Online Services" tab)

All meetings are televised live on Comcast Channel 28 (Channel 26 in Rossmoor), Astound Channel 29, and on AT&T U-verse Channel 99. Meetings are repeated the following Saturday at 1 p.m. and Sunday at 6 p.m. The meetings are also web cast live and are available for archive viewing at:

Information for the public on participation at Council meetings, including time limits for addressing the Council, can be found on the back of the Speaker Identification Card located near the Council Chamber entrance. Should you have any questions after consulting the Speaker Identification card, please contact the City Clerk prior to the Council meeting.

Materials related to any item on this Agenda submitted to the Council after distribution of the agenda packet are available at the City Clerk’s office at City Hall, 3rd Floor, 1666 North Main Street, Walnut Creek during normal business hours and are placed with the agenda materials for distribution at the meeting.

If you wish to request a disability-related modification or accommodation, please contact the City Clerk’s office at (925) 943-5818, preferably the day prior to the meeting. If you are bringing hand-outs for Council, eight copies are appreciated.

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