Palo Alto Weekly 03.15.2013 - Section 1

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Upfront EDUCATION

School lawyer: ‘We are not rehashing this any more’ District’s attorney calls discussion of bullying case ‘tiresome, distracting, unproductive’ by Palo Alto Weekly staff ALLING THE CONTROVERSY OVER A FEDERAL CIVIL RIGHTS INVESTIGATION A hTIRESOME DISTRACTING AND AN UNPRODUCTIVE LOOP v THE ATTORNEY FOR THE 0ALO !LTO SCHOOL DISTRICT HAS AD VISED HER CLIENTS TO hSEND THE MESSAGE THAT WE ARE MOVING FORWARD v !TTORNEY ,AURIE 2EYNOLDS A PARTNER WITH THE /AKLAND LAW FIRM OF &AGEN &RIEDMAN AND &ULFROST MADE HER SUGGESTIONS IN AN EMAIL TO 3UPERINTENDENT +EVIN 3KELLY ON &EB AFTER REBUFFING REPEATED AT TEMPTS BY THE 7EEKLY TO CONTACT HER AFTER HER &EB PRESENTATION 3KELLY FORWARDED HER ADVICE TO EACH OF THE FIVE SCHOOL BOARD MEMBERS 4HE 7EEKLY OBTAINED THE EMAIL THROUGH A 0UBLIC 2ECORDS !CT REQUEST h) VE BEEN ROLLING AROUND IN MY HEAD HOW WE BREAK FREE OF THIS TIRE SOME DISTRACTING AND UNPRODUCTIVE

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LOOP v 2EYNOLDS EMAILED 3KELLY h) D LIKE TO SEE THE DISTRICT SEND THE MESSAGE THAT WE ARE MOVING FORWARD 7E ARE FOCUSED ON THE IM PORTANT WORK OF DEVELOPING POLICIES CONDUCTING TRAINING AND PROVIDING NECESSARY EDUCATION 7E ARE NOT REHASHING THIS ANY MORE WE WON T LET IT DISTRACT US FROM THIS IMPORTANT WORK v 2EYNOLDS WROTE 3CHOOL BOARD 0RESIDENT $ANA 4OM AND 6ICE 0RESIDENT "ARBARA -ITCH ELL APPEARED TO FOLLOW 2EYNOLDS ADVICE WITH THE PUBLICATION LAST &RIDAY -ARCH OF A GUEST OPINION PIECE IN THE 7EEKLY 2EYNOLDS EMAILED 3KELLY AS THE 7EEKLY WAS ATTEMPTING TO OBTAIN CLARIFICATION FROM HER ON ASSERTIONS SHE MADE AT THE BOARD MEETING THAT CONFLICTED WITH DOCUMENTS RELATED TO THE CASE OF A MIDDLE SCHOOL STUDENT

WHO HAD BEEN REPEATEDLY BULLIED !FTER FOUR EFFORTS TO REACH HER BY PHONE AND EMAIL 7EEKLY PUBLISHER "ILL *OHNSON RECEIVED A REPLY h)T IS OUR FIRM S PRACTICE NOT TO SPEAK WITH REPORTERS ON BEHALF OF CLIENTS OR RE GARDING CLIENT MATTERS v )N THE ONLY PUBLIC PRESENTATION ON THE /FFICE FOR #IVIL 2IGHTS /#2 INQUIRY INTO THE SCHOOL DISTRICT S HAN DLING OF THE BULLYING CASE 2EYNOLDS TOLD THE BOARD &EB THE DISTRICT OF FERED TO DO SUBSTANTIALLY MORE TRAINING AND OTHER ACTIONS THAN THE /FFICE FOR #IVIL 2IGHTS HAD INITIALLY REQUESTED 3HE SAID WHEN THE DISTRICT RECEIVED THE FIRST DRAFT LAST !PRIL OF THE /FFICE FOR #IVIL 2IGHTS LIST OF REMEDIAL AC TIONS IT WANTED TAKEN THE DISTRICT RE SPONDED BY SAYING THEY WERE hGREATv BUT WANTED TO DO MORE THAN WHAT WAS BEING ASKED !CCORDING TO 2EYNOLDS

h)T WAS KIND OF AN AMUSING MOMENT v SHE SAID h4HEY WERE STONE SILENT 4HEY SAID @7OW /+ v 2EYNOLDS EXPLAINED TO THE BOARD THAT THE /FFICE FOR #IVIL 2IGHTS ONLY WANTED TRAINING DONE AT THE ONE MIDDLE SCHOOL THE BULLYING VICTIM ATTENDED BUT THAT THE DISTRICT WANT ED TO DO IT AT ALL DISTRICT SCHOOLS "UT IN THE FIRST DRAFT OF THE AGREE MENT THE /FFICE FOR #IVIL 2IGHTS ORIGINAL LANGUAGE WAS h4HE $IS TRICT WILL PROVIDE ANNUAL MANDATORY TRAINING ON DISABILITY BASED HARASS MENT TO ALL MIDDLE AND HIGH SCHOOL SITE ADMINISTRATORS AND TEACHING STAFF /#2 IS AVAILABLE TO PROVIDE THE FIRST TRAINING v 4HE FINAL AGREEMENT SIGNED IN $E CEMBER REFLECTING THE ENHANCEMENTS 2EYNOLDS DESCRIBED STATED h4HE $ISTRICT WILL PROVIDE MANDATORY

TRAINING ON DISABILITY BASED HARASS MENT TO ALL SCHOOL SITE ADMINISTRA TORS IN THE $ISTRICT /#2 IS AVAILABLE TO PROVIDE THE FIRST TRAINING v )T CONTINUED h$ISTRICT SITE ADMIN ISTRATORS WILL THEN TRAIN THE TEACHERS AT THEIR SCHOOL SITES WITHIN THE FIRST THREE MONTHS OF THE SCHOOL YEAR v )T ADDED ELEMENTARY SCHOOL PRIN CIPALS TO THOSE BEING TRAINED BUT RE MOVED THE REQUIREMENT FOR ANNUAL TRAINING AND FOR THE IMMEDIATE AND FORMAL TRAINING OF TEACHERS .EITHER AGREEMENT WAS LIMITED TO THE ONE MIDDLE SCHOOL AS 2EYNOLDS ASSERTED TWICE IN HER COMMENTS TO THE BOARD $ISTRICT ADMINISTRATORS WHO WERE PRESENT AT THE MEETING AND FAMILIAR WITH THE ORIGINAL DRAFT OFFERED NO CORRECTION TO 2EYNOLDS COMMENTS

BANS ARE ILLEGAL BECAUSE THEY VIOLATE THE STATE S &OOD #ODE WHICH GUARDS HEALTH AND SANITATION 3AN &RANCISCO WITHSTOOD A LEGAL CHALLENGE FROM THE GROUP WHEN A JUDGE UPHELD ITS BAN ON BAGS A DECISION THAT THE GROUP PLANS TO APPEAL ACCORDING TO #ITY !TTORNEY -OLLY 3TUMP 4HE RESTAURANT INDUSTRY ALSO HAS SOME CONCERNS ABOUT 0ALO !LTO S NEW BAN *AVIER 'ONZALEZ DIRECTOR OF LOCAL GOVERNMENT AF FAIRS FOR THE #ALIFORNIA 2ESTAURANT !SSOCIATION ASKED THE COUNCIL TO EXCLUDE RESTAURANTS FROM THE NEW ORDINANCE 0LASTIC BAGS HE SAID ARE BETTER SUITED THAN PAPER BAGS FOR MANY OF THE CONTAINERS USED BY RESTAURANTS HE SAID AND REUS ABLE BAGS CAN POSE A HEALTH HAZ ARD WHEN CUSTOMER USE THEM FOR THINGS OTHER THAN FOOD h#ROSS CONTAMINATION AND FOOD BORNE ILLNESSES ARE A MAJOR CONCERN AND LIABILITIES THAT OUR MEMBERS DON T WANT TO TAKE UP v 'ONZALEZ SAID "UT MOST OF THE SPEAKERS AT -ON DAY S MEETING WERE IN FAVOR OF THE BAN CHARACTERIZING IT AS AN EXAMPLE OF GOOD ENVIRONMENTAL STEWARDSHIP &ORMER -AYOR 0ETER $REKMEIER WHO HAS BEEN INVOLVED IN CLEAN UP EVENTS AT THE 3AN &RANCISQUITO #REEK SINCE SAID HE HAS SEEN A DECLINE IN GARBAGE IN THE PAST FEW YEARS BUT PLASTIC WASTE REMAINS 7HILE THESE BAGS ARE CONVENIENT $REKMEIER SAID hTHE PROBLEMS THEY CAUSE OUTWEIGH THE BENEFITS v h7E VE MADE A LOT OF PROGRESS BUT WE NEED TO TAKE THE NEXT STEP v $REKMEIER SAID 4HE NEW BAN WILL TAKE EFFECT ON *ULY FOR RETAIL ESTABLISHMENTS AND ON .OV FOR FOOD SERVICE ESTABLISH MENTS WHICH INCLUDES EVERYTHING FROM RESTAURANTS AND DELIS TO FOOD TRUCKS )N ADOPTING THE NEW ORDI NANCE THE COUNCIL STRAYED SLIGHTLY FROM SEVERAL STAFF RECOMMENDA TIONS 7HILE STAFF PROPOSED CHARG ING CENTS FOR A PAPER BAG IN THE FIRST YEAR AND THEN INCREASING IT TO CENTS THE COUNCIL DECIDED TO

LEAVE IT AT CENTS FOR AT LEAST TO MONTHS AFTER WHICH TIME THE CITY CAN REEVALUATE THE PRICING 4HE COUNCIL ALSO MODIFIED THE STAFF S PROPOSAL FOR THE TYPE OF BAGS THAT QUALIFY AS hREUSABLEv SO THAT BAGS THAT ARE SMALL BUT DURABLE WOULD QUALIFY ,ASTLY THE COUNCIL AGREED TO REMOVE A REQUIREMENT THAT REUSABLE BAGS HAVE LABELS BRANDING THEM AS ECOLOGICALLY FRIENDLY 4HIS REQUIREMENT WAS REMOVED UPON REQUEST FROM !PPLE WHICH ARGUED THAT THE NEW ENVIRONMEN TAL LOGOS WOULD TARNISH THE LOOK OF ITS ICONIC DRAW STRING BAGS MAK ING THEM LESS LIKELY TO BE REUSED BY CUSTOMERS h0UTTING AN UGLY LABEL ON A BAG THAT WE WORKED REALLY HARD TO MAKE CLEAN AND BEAUTIFUL AND SOMETHING PEOPLE WANT TO REUSE IS REALLY COUNTERPRO DUCTIVE v *ASON ,UNDGAARD !PPLE S MANAGER FOR STATE AND LOCAL GOVERN MENT AFFAIRS TOLD THE COUNCIL 4HE COUNCIL WAS LESS SYMPATHETIC TO 'ONZALEZ S REQUEST THAT RESTAU RANTS BE EXEMPT FROM THE NEW BAN /NLY #OUNCILWOMAN +AREN (OLMAN WAS RECEPTIVE TO EXEMPTING FOOD ESTABLISHMENT FROM THE ORDINANCE "UT SHE ULTIMATELY JOINED -AYOR 'REG 3CHARFF #OUNCILWOMAN 'AIL 0RICE AND #OUNCILMEN 0AT "URT AND 'REG 3CHMID IN VOTING FOR THE BROADER BAN (OLMAN S VOTE PROVED KEY AS ONLY FIVE OF NINE COUNCIL MEMBERS WERE PRESENT FOR THE DISCUSSION -ARC "ER MAN RECUSED HIMSELF FROM THE DIS CUSSION BECAUSE OF AN INVESTMENT IN A COMPANY CONNECTED TO BAGS 6ICE -AYOR .ANCY 3HEPHERD #OUNCIL WOMAN ,IZ +NISS AND #OUNCILMAN ,ARRY +LEIN WERE ALL ABSENT )N VOTING FOR THE BAN #OUNCILMAN 'REG 3CHMID CALLED PLASTIC BAGS hA BLIGHTv AND SAID IT MAKES SENSE TO hMOVE MORE STRICTLY AGAINST THEM v 0RICE SAID THE NEW ORDINANCE SHOWS THE CITY S hCOMMITMENT TO ENVIRON MENTAL GOALS AND ZERO WASTEv AND SAID NOT ADOPTING SUCH A BAN WOULD BE hIRRESPONSIBLE v N

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ENVIRONMENT

Plastic bags banned at stores, restaurants City Council votes to ban plastic bags, require a 10-cent charge on paper bags HE ERA OF PLASTIC BAGS IS ABOUT TO COME TO AN END AT SHOPS AND RESTAURANTS THROUGHOUT 0ALO !LTO AFTER CITY OFFICIALS DECIDED -ONDAY NIGHT -ARCH TO GREATLY EXPAND THE CITY S EXISTING BAN ON THE NOTORIOUS CREEK POLLUTERS #ONTINUING A TREND THAT THE CITY LAUNCHED MORE THAN THREE YEARS AGO THE #ITY #OUNCIL VOTED -ONDAY NIGHT TO EXTEND 0ALO !LTO S EXISTING

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by Gennady Sheyner BAN ON SINGLE USE PLASTIC BAGS AT SUPERMARKETS 4HE NEW ORDINANCE EXTENDS THE BAN TO ALL OTHER RETAILERS AND FOOD ESTABLISHMENTS )T ALSO RE QUIRES STORES TO CHARGE CENTS PER PAPER BAG 3TAFF WILL REVISIT THIS FEE IN TO MONTHS )N ADOPTING THE NEW BAN 0ALO !LTO IS JOINING A LIST OF ABOUT JURISDICTIONS IN #ALIFORNIA THAT ARE CURRENTLY WORKING ON SOME SORT OF

News Digest Tesla delays electric SUV )N &EBRUARY OF LAST YEAR 0ALO !LTO BASED 4ESLA -OTORS SAID IT WOULD BEGIN PRODUCTION ON IT NEWEST LINE OF ALL ELECTRIC VEHICLES THE -ODEL 8 AT THE END OF !CCORDING TO ITS MOST RECENT 3%# FILING THAT NO LONGER APPEARS TO BE THE CASE )N ITS ANNUAL FINANCIAL REPORT 4ESLA STATED THAT PRODUCTION OF THE VEHICLE WOULD ACTUALLY BEGIN IN LATE EFFECTIVELY PUSHING THE SCHEDULE BACK A YEAR )N A 6ALENTINE S $AY PRESS RELEASE LAST YEAR 4ESLA CALLED THE -ODEL 8 hTHE FASTEST SELLING 4ESLA YET v EXCEEDING MILLION IN ADVANCE SALES AFTER JUST ONE DAY 4HE -ODEL 8 IS AN 356 BUILT ON THE SAME PLATFORM AS THE -ODEL 3 SEDAN ONLY WITH ALL WHEEL DRIVE AND THE CAPACITY TO FIT SEVEN ADULTS 4HE FILING DOESN T MAKE REFERENCE TO THE PREVIOUS STATEMENT ABOUT THE CAR S PRODUCTION SCHEDULE AND DOESN T SPECIFICALLY EXPLAIN WHY PRODUC TION HAS BEEN DELAYED 4ESLA HAS BUILT OF ITS -ODEL 3 SEDANS AND HAS DELIVERED ANOTHER 4HERE ARE RESERVATIONS FOR STILL ANOTHER OF THE CARS 4HE FILING STATES THAT THE COMPANY EXPECTS TO BE PROFITABLE BY THE END OF THE YEAR (OWEVER IT INCURRED A NET LOSS OF MILLION IN WHICH ADDS UP TO MORE THAN BILLION IN NET LOSSES SINCE THE COMPANY S INCEPTION IN 4HE FILING STATES THE COMPANY S RELIANCE ON A MILLION LOAN FROM THE 5 3 $EPARTMENT OF %NERGY AS ONE OF THE RISK FACTORS FOR INVESTING )T AGREED TO THE LOAN WHICH IT USED IN PART FOR RESEARCH AND DEVELOPMENT OF THE -ODEL 3 IN AND AGREED TO PAY IT BACK BY 4HE FILING STATES THAT 4ESLA HAS MODIFIED THE AGREEMENT TO REPAY THE LOAN BY N — Eric Van Susteren Page 6ÊUÊÊ >ÀV Ê£x]ÊÓä£ÎÊUÊ*> Ê Ì Ê7ii ÞÊUÊÜÜÜ°*> Ì " i°V

BAG RESTRICTION 4HE CITY EMERGED AS A LEADER IN THIS FIELD IN WHEN IT BANNED SINGLE USE CHECKOUT BAGS FROM SUPERMARKETS DESPITE CONCERNS FROM SOME GROCERS AND A LAWSUIT FROM THE PLASTIC BAG INDUSTRY 3INCE ABOUT CITIES AND COUNTIES THROUGHOUT THE STATE HAVE ADOPTED SIMILAR ORDINANCES ACCORDING TO A NEW STAFF REPORT 4HE LAWSUIT MEAN WHILE WAS SETTLED WHEN THE CITY AGREED TO CONDUCT AN ENVIRONMEN TAL IMPACT REPORT BEFORE ADOPTING ANY FURTHER BANS 4HE NEW BAN WILL APPLY ONLY TO CHECK OUT BAGS NOT hPRODUCT BAGSv THAT ARE COMMONLY USED FOR PRODUCE AND SOUP CONTAINERS 4HE GOALS OF THE BAN ARE TO REDUCE PLASTIC BAG POLLUTION IN LOCAL CREEKS BAYLANDS AND OTHER OPEN SPACES CUT BACK ON THE NUMBER OF ALL BAGS DISTRIBUTED BY LOCAL ESTABLISHMENTS AND PROMOTE A hSHIFT TOWARD THE USE OF LONG LASTING AND DURABLE REUSABLE BAGS BY RETAIL CUSTOMERS IN 0ALO !LTO v ACCORD ING TO A NEW REPORT FROM THE 0UBLIC 7ORKS $EPARTMENT *ULIE 7EISS AN ENVIRONMENTAL SPECIALIST IN THE 0UBLIC 7ORKS $E PARTMENT SAID THAT WHILE THE SU PERMARKET BAN HELPED REDUCE THE NUMBER OF PLASTIC BAGS IN THE CITY THEY REMAIN IN WIDE USAGE )N THE LAST TWO CREEK CLEANUP EVENTS VOL UNTEERS COLLECTED ABOUT PLASTIC BAGS FROM THE CREEKS SHE SAID h7E KNOW WE HAVE A PROBLEM BE CAUSE WE RE SEEING IT IN OUR CREEKS v 7EISS SAID 4HE NEW BAN DREW A SOMEWHAT PREDICTABLE REACTION WITH LOCAL EN VIRONMENTALISTS APPLAUDING THE CITY AND OPPONENTS THREATENING TO SUE IT 4HE 3AVE THE 0LASTIC "AG #OALITION THE INDUSTRY GROUP THAT HAS SUED 0ALO !LTO AND OTHER CITIES IN THE PAST CONTINUED TO MAINTAIN THAT SUCH


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