Santa Monica Daily Press, May 15, 2009

Page 1

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Volume 8 Issue 164

Santa Monica Daily Press DIALING FOR HELP COMES HOME SEE PAGE 3

We have you covered

THE PECULIAR PERSPECTIVE ISSUE

Officer sides with FAA over jet ban BY MELODY HANATANI Daily Press Staff Writer

LONG BEACH Less than a week after a U.S. appellate judge upheld an injunction restricting City Hall from enforcing its ban on jets, it looks like the battle with the Federal Aviation Administration could very well end up back in federal court. That’s the likely scenario facing City Hall after the FAA’s hearing officer ruled on

Thursday that the 2008 ordinance prohibiting categories C and D jets from Santa Monica Airport put the municipality in violation of its federal obligations, forcing city officials to appeal that decision to the agency’s associate administrator for policy, planning and the environment, whom they expect will make the same judgment. City Hall is then expected to take the matter to the federal appeals court. “We were speculating what the decision

would look like and we were pretty dead on,” Ivan Campbell, deputy city attorney, said. “It’s a split decision where out of the five main issues, the city won on two of them. “The three the city lost on happened to be the longest and most detrimental issues.” The March hearing in Long Beach was held in response to the FAA’s administrative review of the jet ban last year, concluding that the ordinance discriminates against certain classes of aeronautical activities, dis-

criminates in the operation of the airport, and discriminates in a manner that is inconsistent with its 1984 agreement with the FAA among other issues. The hearing officer sided with the FAA on those three points, but did not on a fourth, finding that the ordinance does not grant an exclusive right to operate categories A and B aircraft, which the FAA contended it did. SEE FAA PAGE 12

HIGH SCHOOL BASEBALL

Samohi forces one-game playoff BY DANIEL ARCHULETA Managing Editor

SAMOHI It appears that the Vikings will live to play at least one more day. Santa Monica High School’s baseball team came from behind to beat Ocean League rival Culver City 5-2 on Thursday, forcing a one-game playoff with Hawthorne today on the road at 3:15 p.m. to determine third place in league and an appearance in the California Interscholastic Federation playoffs, which begin next week. The game against Hawthorne will be the third time the two teams will meet this season having split the previous two with both teams winning at home. “This will give us a chance at a little pay back,” Head Coach Rob Duron said. “We’ll treat this game like it’s the real playoffs.” Duron has decided to pitch freshman Adam Padilla against Hawthorne. The matchup with Hawthorne was far from a lock heading into Thursday’s game. The Vikings had to win to force the onegame playoff, but for the first five innings it looked like Samohi’s season may be over. Samohi’s Andrew Montanari started the game and cruised through the first inning. It was the second that gave the junior righty problems. He walked the first man he faced in the SEE SAMOHI PAGE 10

Brandon Wise brandonw@smdp.com

ADDED PROTECTION: People walk past the weather screens at the Makai restaurant and bar on Broadway and Ocean Avenue on Thursday.

Finding a compromise on outdoor dining BY MELODY HANATANI Daily Press Staff Writer

DOWNTOWN They’re considered vital to the successful operation of a restaurant with an outdoor dining section, offering patrons the luxury of an alfresco environment with protection from the elements. But depending on how retractable weather screens are used, they can be illegal.

Gary Limjap

That’s what a handful of restaurants along Ocean Avenue learned recently when they received a notice from City Hall that the wind guards were in violation of local laws. The Outdoor Dining Standards for Ocean Avenue, a city planning document that sets guidelines for restaurants along the beach-facing corridor, states that outdoor dining areas are to be designated by

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semi-permanent barriers that are removable and stand no taller than 3 feet 6 inches from the sidewalk level. Windscreen attachments from the barrier are permitted but must be transparent and no taller than 2 feet, bringing the combined height to 5 feet 6 inches. Eileen Fogarty, the director of planning

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