Santa Monica Daily Press, February 29, 2008

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‘ONCE’ IS NEVER ENOUGH FOR SOME PAGE 11 A DIFFERENT JACK AND BOBBY PAGE 13 Visit us online at smdp.com

FRIDAY, FEBRUARY 29, 2008

Volume 7 Issue 94

Santa Monica Daily Press MAKING THE RIGHT CHOICE SEE PAGE 12

Since 2001: A news odyssey

THE LOCAL ISSUES ISSUE

Plastic bag ban on the front burner BY MELODY HANATANI I Daily Press Staff Writer CITYWIDE In the sustainability slogan of “reduce, reuse and

Brandon Wise brandonw@smdp.com

recycle,” City Hall is affixing a fourth measure — ban. Just weeks after the prohibition of Styrofoam take-out containers went into effect in the city’s dining establishments, the City Council decided on Tuesday to tackle the next big environmental threat, directing its staff to devise an ordinance that would ban single-use plastic bags from all local retailers. A draft is expected in the coming months and if adopted, businesses would have six months to comply. The prospect of a plastic bag ban in Santa Monica has received widespread support from the community, urging city officials to follow the leads of their colleagues in cities like San Francisco, which banned non-biodegradable plastic bags last year. Environmental leaders often point to the detrimental

NOT FOR LONG? Santa Monica resident Liza Zereski puts plastic grocery bags into the trunk of her car in the Vons parking lot on Lincoln Boulevard. The City Council is crafting an ordinance that would ban single-use plastic bags from all local retailers.

SEE BAN PAGE 10

Treesavers lose in their day at court BY MELODY HANATANI I Daily Press Staff Writer DOWNTOWN L.A. The 54 ficus trees causing a stir in Downtown Santa Monica could soon be on the outs after a Los Angeles Superior Court judge ruled on Thursday that a lawsuit against City Hall over alleged violations of state environmental laws was filed too late. Judge Ann Jones determined during a hearing in Downtown Los Angeles that the statute of limitations during which time a lawsuit could be filed challenging the Second and Fourth Streets Streetscape Improvement Project ended in mid-2006. The Santa Monica Treesavers last October filed a lawsuit alleging City Hall violated the California Environmental Quality Act (CEQA), seeking a preliminary injunction to prevent the removal and transplantation of 54 ficus trees in the downtown area. As per state law, the 180-day clock during which time a suit could be filed began ticking in October 2005 when city officials determined the project was CEQA exempt. But according to Tom Nitti, the Treesavers attorney, the statute of limitations should have started in August 2007 when the City Council approved the project. The judge’s determination that the Treesavers were more than a year too late in its lawsuit essentially mooted the preliminary injunction, paving the way for City Hall to commence with the tree removal aspect of the project, which was originally slated to have happened in early October but was

Gary Limjap (310) 586-0339

derailed when a judge issued a temporary restraining order. City officials do not yet have a timetable for the tree removal and transplantation. Last week, City Hall agreed it would wait until the hearing on Thursday to begin any work on the ficus trees. The project, in addition to beautifying Second and Fourth streets by enhancing lighting, adding curb extensions and repairing sidewalks, also calls for the removal of 23 ficus trees that have been deemed as structurally deficient, and transplanting 31 trees to elsewhere in the city. Each empty ficus plot will be planted with two ginkgo biloba trees. Kate Vernez, assistant to the City Manager, said on Thursday that city officials will conduct careful logistical planning in moving forward, reconnecting with the contractor to determine what the next step should be. Vernez added that the public process was honored throughout the formulation of the project over the past 11 years, including environmental reviews in 1997 and 2005. “At all times the city fully informed the public about what it was we were doing and what the vision for Second and Fourth streets was,” Vernez said. The court hearing drew a few Treesavers to Downtown Los Angeles, showing their support of the ficus trees they have championed over the past half year. It was an emotional hearing for some, the decision causSEE TREES PAGE 10

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RULING: A Superior Court judge ruled on Thursday that the statute of limitations during which time a lawsuit could be filed against City Hall to stop the removal of ficus trees from downtown actually expired in 2006. This ruling effectively nullifies the Treesavers' quest for a preliminary injunction to stall the project.

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