Calabasas wants apartment renters to snuff out smoke
City ordinance would be expanded
By Joann Groff joann@theacorn.com

The city of Calabasas wants to expand its smoking ordinance to include apartment complexes. The first of two official readings required to amend the ordinance drew virtually no criticism from the public or members of the City Council.

Calabasas' smoking ordinance went into effect March 17, 2006, limiting people's exposure to secondhand smoke in public areas within the city's boundaries. Included are indoor and outdoor businesses and restaurants, hotels and parks.

The new ordinance would require that at least 80 percent of apartment complexes be permanently designated as nonsmoking units by Jan. 1, 2012. Beginning next July, landlords would be required to submit annual reports to the city detailing the number and location of nonsmoking and smoking-allowed buildings until the 80 percent level is reached.

"We brought in business, we brought in advocates, local government, and crafted something that I think protects people's health and could actually be a new business venture," said Mayor Pro Tem Mary Sue Maurer. "I believe there is a demand for smoke-free housing. I'm very proud of it."

The ordinance would allow 20 percent of buildings to be designated for smoking and would exempt smokers who currently reside in rental units.

After notifying landlords, smokers can be permitted to continue smoking inside their units even if they live in a building that is designated smokefree. Relocation to smokefree or smokingallowed buildings is completely voluntary.

All the speakers who offered feedback at the meeting favored revising the ordinance.

"I'm thrilled I can walk around Calabasas and not deal with secondhand smoke," said Pamela Roen. "I've been diagnosed with COPD, chronic obstructive pulmonary disease, I'm a restaurant worker; 20 years without a smoking ban. There are no words to express my gratitude for these laws. I believed they saved my life and (the lives of) countless others.

"Isn't it wrong for people who are nonsmokers to be hurt by other people's smoke? Whatever you do today will no doubt be examined and replicated in other cities. . . . I will thank you from the bottom of my lungs."

Councilmember Barry Groveman asked any opponents in the audience to rise. No one did.

"The best argument I can make is that there are no opponents," he said. "We've demonstrated that we can do this with the collaboration of all the stakeholders."

Councilmember Jonathon Wolfson said he agreed. "I like the ordinance because I think it balances the health needs of nonsmokers and the rights of smokers," Wolfson said. "I like the way it turned out."

Tony Hogrebe, operations manager of Archstone-Smith, which runs the Archstone Calabasas complex, said his company has already made some advances.

"It's become clear to us that there is likely demand by residents for nonsmoking residences," Hogrebe said. "We've queried our residents, and although we've only received about 10 percent back at this point, it looks like there's a lot of demand. We are moving toward nonsmoking units, regardless of the ordinance."

The ordinance prohibits smoking on all multi-unit apartment balconies, porches and patios, and requires landlords to designate outdoor smoking areas. Landlords would be required to provide potential tenants with a floor plan showing the locations of smoking and nonsmoking units and any designated smoking areas.

Tenants who violate the lease agreement by smoking in violation of the ordinance are subject to potential nonrenewal. If a landlord receives two written complaints from different individuals about a tenant's smoking, that tenant may be evicted at the discretion of the landlord.

"I've actually changed my mind on this," said Councilmember Dennis Washburn. "I was worried about residentonresident disputes, and I'm still concerned about that, but I think it's worth the risk to achieve the wider public safety goal."

The city will have another reading before voting on the ordinance, which would go into effect 30 days following its final adoption. For more information visit www.cityofcalabasas .com/ secondhandsmoke.html.