wedel says the city's ban is unconstitutional... saying the council's four to one vote on the issue, favoring the ban, represents most of the city. wedel says he hopes to have his initiative on a 20- 14 ballot. but despite what wedel mayor silva says election or special election... putting the initiative on a ballot will ultimately cost taxpayers. >> he believes that this ordinance could be unconstitutional so he has filed paper work with the attorney to create an initiative and also collecting signatures. >> to me it is all about private property rights. weather or not the city council has the right to legislate what happens on private property. i think that the majority. >> they need to collect 4200 signatures to put on a ballot. it would n cost taxpayers any thing. >> aid would be a special election and would not cost them. in walnut creek, philippe". cost probably 100,000." mayor silva goes on to say that she disagrees with councilman wedel's claim that the smoking ordinance is unconstitutional. she says the city did more than n

. >> mayor silva goes on to say that she disagrees with councilman wedel's claim that the smoking ordinance is unconstitutional. than nine months of community outreach to gauge whether or not a ban was desired by most residents and businesses. and, in the end, silva says the council's four to one vote in favor of the ban is representative of the city. >> we started off with low clouds by the bay. sunshine for this afternoon. temperatures in the '60s and '70s for the valley. temperatures were down about 6-12 degrees and for tonight clear skies. we have a weather system that is moving out of the bay area. clear and breezy tonight. looking for gusting winds with mostly sunny skies and a wind advisory for the higher elevations. >> an elderly man is currently missing after arriving at sfo. his family was unable to locate him as scheduled on friday. seventy-six-year-old benito segura-jimenez arrived at the airport, but when his family arrived he was no where to be found. officials say he was last seen getting into a yellow taxi around nine thirty a-m and was dropped off in daily city. segura-jimi