Upfront ENVIRONMENT PUBLIC SAFETY
Era of plastic bags comes to an end in Palo Alto
Bike crash spurs $17 million claim against City of Palo Alto
City’s ban on plastic bags at retail locations kicks in; restaurants have until Nov. 1
Family of 12-year-old boy hit by driver disputes road’s safety
by Gennady Sheyner
F
or Palo Alto shoppers, the question “Paper or plastic?� officially became an anachronism Monday, as the city’s new ban on plastic bags took effect at all retail locations and paper bags became a commodity. More than three years after the city prohibited supermarkets from using plastic checkout bags, the ban is spreading to all retail locations thanks to a decision the City Council made in March. The new ordinance also means that retailers will now have to charge customers at least 10 cents for a paper bag. The law also bans plastic bags from local restaurants, though that provision isn’t kicking in until Nov. 1. Unlike other businesses, food establishments will have the option of providing paper bags free of charge. They will also be allowed to use plastic bags to carry soups and other liquid products. The goal of the ordinance is to reduce litter in local creeks and the Bay, according to the city’s Public Works staff. Officials point to a recent study from Scripps Institution of Oceanography, which reported that plastic de-
by Sue Dremann
bris in the Pacific Ocean grew a hundredfold over the past 40 years. Plastic accounts for 60 percent of the litter in local creeks, according to Public Works. “Last year we found about 350 bags during two local creek clean-up events and a separate one-month tally of bags found in the lower watershed. In addition, local photographers have also provided staff with photos of birds impacted at the Baylands. So we’re trying to address this global problem at a local level,� Julie Weiss, the city’s project manager for the ordinance, said in a statement. Assistant Public Works Director Phil Bobel called the expanded ordinance “the next step in eliminating plastic bags in our creeks and San Francisco Bay.� The ban is expected to eliminate 20 million single-use plastic and paper bags annually. The city recommends that customers remember to bring their own reusable bags by putting them near their front doors or in their cars and keeping foldable bags in their pockets, backpacks and purses. N
CRIME
Embarcadero Road gas station robbed at gunpoint Man with handkerchief mask holds up Shell station near 101
T
he Shell gas station on Embarcadero Road in Palo Alto was robbed Tuesday morning, July 2, by a hooded man in a handkerchief mask who police said wielded a semi-automatic pistol. The robbery occurred shortly after 11 a.m. at 1161 Embarcadero, near U.S. Highway 101. Palo Alto police said the man drove into the gas station and walked into the clerk’s booth. He pointed a gun at the three employees in the booth — a man and two women — and demanded money from the cash register, police stated in a press release. After they complied, he returned to his vehicle — described as a gray Acura MDX sports-utility vehicle — and drove east on Embarcadero Road. He was last seen entering
the on-ramp of southbound Highway 101. There were no customers at the station during the robbery, according to the police. No one was hurt. The suspect was described as a black male, about 6 feet tall with a thin build. He wore a black sweatshirt with a hood over his head, dark pants and a white handkerchief over his face. Because his face was obscured, the victims couldn’t estimate his age. They described his gun as a gray semi-automatic pistol. Anyone with information about the robbery is asked to call the Palo Alto police at 650329-2413. Anonymous tips can be emailed to paloalto@tipnow.org or sent by text message or voice mail to 650-383-8984. N — Gennady Sheyner
T
he family of a 12-year-old boy who was struck by a vehicle while riding on the 2500 block of Park Boulevard has filed a $17 million claim against the City of Palo Alto for negligent design of the bike route on the road. Sebastian Lerrick suffered a traumatic brain injury after being struck by a Nissan Quest driven by Luis Felipe Hau of Sunnyvale on Nov. 5, 2012, at 7:19 a.m., according to a police report. Attending paramedics found Lerrick with a leg and wrist fracture, a broken jaw, broken teeth and brain swelling. The vehicle struck Lerrick from behind, breaking his bicycle frame in two and damaging the Nissan’s front bumper, hood and windshield. Parts of Lerrick’s bike and his school supplies were strewn across the road. Hau told police the crash occurred as he was driving south on Park, through a construction area, on his way to East Palo Alto to pick up supplies for his employer, Izzy’s Bagels. He said the sun was in his eyes, and that he was driving between 25 and 35 miles per hour. He did not see the bicyclist but heard the crash. He noticed his windshield was broken and immediately stopped to investigate, the report stated. Lerrick, a Hoover Elementary School student, had been riding his bike south on Park but had left the bicycle lane to get around the construction, according to the report. Hau’s Quest struck Lerrick as the boy veered back into the bike lane. The impact flipped Lerrick onto Hau’s hood and windshield. Lerrick was taken to Stanford Hospital in critical condition and was transferred to Lucile Packard Children’s Hospital’s pediatric intensive-care unit. He still suffers traumatic brain injuries, resulting in physical, cognitive, psychological and emotional issues, according to the family’s claim. A toxicology report of Hau’s blood found that he had methamphetamine in his blood at the time of the collision,
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according to the police report. Hau told police during questioning that he had a previous addiction to methamphetamine, but he had not taken any in a while. He gave police a blood sample. He said he had been in a bad car accident some time back, and he had been in a coma for a while. Palo Alto Police Agent Cindy Kono on Feb. 13 recommended that Hau be charged with driving under the influence (DUI) and causing injury. Police also recommended that Hau be prosecuted on counts of driving at an unsafe speed, and driving with a suspended license and causing injury. Cindy Hendrickson, Santa Clara County supervising deputy district attorney, said Hau has not yet been charged in the incident. The lengthy investigation into the crash is typical because investigators and the DA’s office want to make sure nothing has been overlooked, she said. “Before a final decision we meet with the family of the victim. An investigation followup Agent Kono did was completed in the last day or so,� she said Wednesday. “We need to have those meetings with family before we can announce a decision.� The $17 million claim states that “a substantial factor that contributed to this incident is the City of Palo Alto’s negligent design, construction, maintenance, signing, operation and control of the roadways.� Attorney Todd Emanuel filed the claim on April 19. If the city rejects the claim, the family can proceed to file a lawsuit. George Ellard, who is representing Lerrick through Emanuel’s law firm, did not return a call for comment. Hau could not be reached by the Weekly’s press deadline. N Updates on this case will be posted on PaloAltoOnline.com as they become available. Staff Writer Sue Dremann can be emailed at sdremann@paweekly.com.
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