Santa Monica Daily Press, April 10, 2008

Page 1

INSIDE SCOOP

COMMENTARY

FOOD

MAN FOUND DEAD IN ART STUDIO PAGE 3 AGE IS JUST A NUMBER PAGE 5 BENEFITS OF EATING GREENS PAGE 7

THURSDAY, APRIL 10, 2008

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Volume 7 Issue 128

Santa Monica Daily Press WATERSHED MOMENT SEE PAGE 6

Since 2001: A news odyssey

THE SMOKING UNDER FIRE ISSUE

City considers new smoking laws BY MELODY HANATANI Daily Press Staff Writer

CITY HALL The City Council took the first step toward holding restaurant owners responsible for their part in enforcing the citywide smoking ban, but it was cigarette usage in apartments that stole the show on Tuesday night. The first look at an ordinance amendment that would hold restaurant owners and managers accountable if they knowingly permit customers to smoke outside — a violation of city code — received a favorable response from the council, which pushed the proposition forward to the next meeting for final adoption. Smoking is illegal anywhere within 20 feet of public entrances, exits and windows in the seaside city. The ban, which went into effect on Thanksgiving Day in 2006, encompasses outdoor areas of assembly, such as the Third Street Promenade, Farmers’ Markets, outdoor dining areas, bus stops and ATM lines. The amendment would also reduce the infraction fine from $250 to $100, a recommendation by the City Attorney’s Office which received complaints from violators. Coupled

Wisnicki loses close Malibu council race

with the mandatory penalty assessment affixed by the court in criminal cases, the total penalties amounted to more than $900, according to Adam Radinsky, who heads the Consumer Protection Unit for the city. The adjusted fines are also in line with penalties in other cities that have adopted similar ordinances, including Beverly Hills, Calabasas and Burbank. Restaurants will also be required to post signs notifying patrons of the smoking ban at their establishments. But the issue that took center stage during the discussion concerned whether the council should look into regulating smoking in multi-resident complexes where second-hand smoke could make its way into multiple units through vents and cracks in the walls. Any legislating in this realm could have an impact on the tenancy rights of rent control tenants who are smokers. Most of the cities that have adopted ordinances pertaining to smoking in apartments have banned the activity in common areas, Radinsky said. “One thing we noticed that in most complaints we received ... have been from folks who are getting smoke through the walls or through the ceiling and the floors of the

units,” Radinsky said. Apartment residents urged the council to take action and draft an ordinance that would ban smoking in all units, many telling stories of how second-hand smoke has impacted their health, some developing breathing problems, others speaking of adversarial relationships formed with their landlords. The Northern California town of Belmont is the only city in the state and perhaps the country that has banned smoking in most multi-resident units and condominiums. The only exemption are for units that do not share a ceiling with another unit. The ban will not take effect for a few more months. James Levesque, a single father of two teenage girls, has lived in a rent-control unit since December 2005 and just last week performed a test demonstrating how second-hand smoke travels from one unit to another. Using specialized monitoring equipment that can detect small airborne particles generated by cigarettes, Levesque found the pollutant level was high outside of the apartments SEE SMOKING PAGE 12

A DAY IN THE LIFE

SIMPLY WILSHIRE

BY MELODY HANATANI Daily Press Staff Writer

MALIBU

The campaign for a seat on the Malibu City Council ended Wednesday afternoon for Board of Education member Kathy Wisnicki who WISNICKI barely lost out to political ally and Planning Commissioner John Sibert by just 27 votes. Wisnicki, whose term on the school board is up this fall, finished fourth in Tuesday’s city election where three seats on the council were up for grabs, garnering 1,392 votes to Sibert’s 1,419. Incumbent Pamela Conley Ulich finished first with 2,115 votes and Jefferson “Zuma Jay” Wagner second with 1,686. Susan Tellem finished fifth with 1,163.

Taking a look at what some call the backbone of Los Angeles STORY BY ALEXIS HAWKINS PAGE 10

Alexis Hawkins news@smdp.com

SEE ELECTION PAGE 13

OLD SCHOOL: Jim and Sue Schwass check out a 1960 Plymouth Fury at Cars With Class. Jim's first car was a Fury that he purchased for just $100.

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