HomeMy WebLinkAboutAgenda Report - August 1, 1990 (75)Y
COUNCIL COMMUNICATION
TO THE CITY COUNCIL
FFCft THE CITY MANAGER'S OFFICE
COUNCIL MEETING DATE
AUGUST 1, 1990
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SUBJECT: IRISUENDUNI AGAINST ADOPTED ORDINANCE NO. 1488 ENTITLED, "AN ORDINANCE OF THE
LODI CITY COUNCIL REGULATING OR PROHIBITING SMOKING I N CERTAIN PUBLIC PLACES AND
I N PLACES OF aVPLOYMBVT"
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On June 6, 1990 the Lodi City Council adopted Ordinance Na 1488 entitled, An Ordinance of
the Lodi City Council Regulating or Prohibiting Smoking in Certain Public Places and in
Places of Employment" (Exhibit A attached).
On July 5, 1990 the City Clerk received a p(Aition entitled, "Referendum Against an
Ordinance Passed by the Lodi City Council - Petition Protesting Adoption of City Ordinance
Nb. 1488" bearing 5,051 signatures.
Attached, marked Exhibit B, is a certificate from Larry 0. Tunison, Acting Registrar of
Voters which certifies the following:
Number of signatures filed 5,051
Number of signatures verified 3,162
Number of signatures found sufficient 2,511
Number of signatures found not sufficient 651
Based upon the sample, 2,511 signatures are valid, which is 10.6% of the registered voter
count.
Section 4055 of the State of California Elections Code estitled, "Ordinance submitted to
voters" sets forth the following:
If the legislative body does not entirely repeal the ordinance against which th,*
petition is filed, the legislative body shall submit the ordinance to the voters
either at the next regular municipal eiection occurring not less than 88 days after
the order of the legislative body or at a special election called for the purpose
not less than 88 days after the order of the legislative body. The ordinance shall
not become effective until a majority or the voters voting on the ordinance vote i n
favor of it. If the legislative body repeals the ordinance or submits the
ordinance to the voters and a majority of the voters voting on the ordinance do not
vote in favor of it, the ordinance shall not again be enacted by the legislative
body for a period of one year after the date of its repeal by the legislative body
or disapproval by the voters.
Pursuant to the State Statute, the City Council shall either:
�. Adopt an ordinance repealing in its entirety Ordinance No. 1458 entitled, "An
Ordinance of the Lodi City Council Regulating or Prohibiting Smoking in Certain
Public Places and in Places of Employment" (sample ordinance repealing Ordinance No.
1488 i s attached marked Exhibit C).
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Council Communication - Spec�.."I General Election Atoot
August L 1990
page Two
2® Adopt a resolution submitting the Ordinance to the voters at the November 6, 1990 i
General- Municipal Election (sample resolution dttached marked Exhibit D).
If .the City Council:elects to:xubmi„t.the:ordinance to the voters, it will be necessary:to
redvtest"the Board :of Supervisors of the County of San,"Joaquin to consolidate La Special
Muntciott Election to�be°held on;,November 6, 1990 with the Statewide General Election`to be °`,_
held on that: date' pursuant to Section 23302 of the Elections Code for the purpose `ef 'the
election of}three.rAmWft4 ot,the City Council, and submitting the:; subject Ordinance to}the
Yotera, sample resolution: attached marked Exhibit E)>.
Secttona 4015& and 5014-'S of 'the- Elections- Code of the ,State: of California authorizes the
City Council, by majority _vote, .:to adopt provisions to provide for the ng of rebuttal
arguments fors} City Measures submitted at monka] . elections. These provisions must . be
adopted at the sane meeting at which the resolution calling the election is adopted�ple
resolution attached and marked Exhibit F).
&,.i )6iry
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(lice M. Reim e
City Clerk
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Attachments
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EXHIBIT A {{{SSS
ORDINANCE NO. 1488
AN ORDINANCE OF THE LODI CITY COUNCIL
REGULATING OR PROHIBITING SMOKING IN CERTAIN PUBLIC PLACES
AND IN PLACES OF EMPLOYMENT
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BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 8 - Health and Safety - is
hereby amended by adding a new Chapter 8.16 regarding the regulation of
smoking, as follows:
SEC. 8.16. MO Title.
SEC. 8.16.020 Findings and Purpose
SEC. 8.16.030 Definitions
SEC. 8.16.040 Prohibition of Smoking in Public Places
SEC. 8.16.050 Regulation of Smoking in Places of Employment
SEC. 8.16.060 Where Smoking Not Regulated
SEC. 8.16.07.0 Posting of Signs
SEC. 8.16.090 Violations and Penalties
SEC. 8.16. 100 Non -retaliation
SEC. 8.16.110 Governmental Agency Cooperation
SEC. 8.16.120 Other Applicable taws
SEC. 8.16. L30 Severability
SEC. 8.16.140 Effective Date
See. 8.16.010 TITLE.
This chapter shall be known as the Smoking Pollution Control 3
Ordinance.
Sec. 8.16.020 FINDINGS AND PURPOSE.
The Lodi City Council hereby finds that:
Numerous studies have found that tobacco smoke is a major
contributor to indoor a i r pollution; and
Reliable studies have shown that breathing second-hand smoke is a
significant health hazard for certain population groups, including
elderly people, individuals with cardiovascular disease, and '
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Wdividuals with impaired respiratory function, including asthmatics
and those with obstructive airway disease; and
Health hazards fnduced by breathing second-hand smoke include
lung cancer, respiratory infecrion, decreased exercise tolerance,
decreased respiratory function, bronchoconstriction, and broncho-
spasm; and
Nonsmokers with allergies , resoiratory diseases and those who
suffer other ill effects of breathing second-hand smoke may experience
a loss of job productivity or may be forced to take periodic sick leave
because of adverse reactions to same; and
Numerous studies have shown that a majority of both nonsmokers
and smokers desirf to have restrictions on smoking on public places and
places of employment.
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Smoking i s a documented cause of fires; and cigarette and cigar
burns and ash stains on merchandise and fixtures cause economic losses
to businesses.
Accordingly,
the City Council
finds and declares
that the
purposes
of this
ordinance are 1) to
protect the public
health and
welfare
by prohibiting smoking i n specified public places by
regulating
smoking
i n places
of employment; and 2)
to strike a reasonable
balance
between
the needs
of smokers and the
need of nonsmokers
to breathe
smoke-free air, and to recognize that, where these needs conflict, the
need to breathe smcke-free air shall have priority.
Sec. 8.16.030 DEFINITIONS.
The following words and phrases, whenever used in this chapter,
shall be construed as defined i n this section:
1. "Bar" means an area which is devoted to the serving of
alcoholic beverages and in which the service of food is only
incidental to the consumption of such beverages.
2. "Business"
means any
sole
proprietorship,
partnership, joint
venture,
corporation
or
other business
entity formed fsr
profit-making purposes, including retail establishments where
goods or services are sold as well as professional
corporations and other entities where legal, medical, dental,
engineering., architectural, or other professional services are
delivered.
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3. "Dining Area" means any enclosed area containing a counter or
tables upon which meals are served.
4. "Employee" means any person who is employed by any employer in
consideration for direct or indirect monetary wages or profit,
and any person who volunteers his or her services for a
nonprofit entity .
5. "Employer" means any person, partnership, corporation, or
nonprofit entity, including a municipal corporation, who
employs the services of one or more persons.
6. "Enclosed"
means closed
in by
roof and four walls. with
appropriate
openings for
ingress
and egress.
7. "Nonprofit Entity" means any corporation, unincorporated
association, or other entity created for charitable,
educational, political , social, or other similar purposes, the
net proceeds from the operations of which are committed to the
promotion of the objects or purposes of the organization and
not to private financial gain. A public agency is not a
"nonprofit entity" within the meaning of this section.
8. "Place of Employment" means any enclosed area under the
control of a public or private employer which employees
normally frequent during the course of employment, including
but not limited to, work areas, errpl oyee 1 ounges, and
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restrooms, confei•ence and class rooms, cafeterias and
hallways. Except: i
a. A private residence i s not a place of employment, unless
it is used as a child care or a health care facility.
9. "Public Place" means any enclosed area to which the public is
invited cr in which the public i s permitted, including, but
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not limited to: banks, educational facilities, health a
facilities, public transportation facilities, receptinn areas,
restaurants, retail food production and marketing
establishments, retail service establishments, retail stores,
theaters, and waiting rooms.
10. "Restaurant" means any coffee shop, cafeteria, tavern,
sandwich stand, soda fountain, private or public school
cafeteria, and any other eating establishment, organization,
club, boardinghouse, o r guesthouse, which gives or offers
food for sale to the public, guests, patrons, or employees,
except that the term "restaurant" shall not include a cocktail
lounge or tavern ifsaid cocktail 'lounge or tavern is a "bar"
as defined in SEction 8.16.030 (1).
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lI. "Retail Tobacco Store" means a retail store utilized primarily
for the sale of tobacco products and accessories.
12. "Service Line" means any indoor line at which one or more
persons are waiting for or receiving service of any kind,
whether or not such service includes the exchange of money.,
13. "Smoking" means inhaling, exhaling, burning, or carrying any
lighted pipe, cigar, or cigarette of any kind.
14. "Sports Arena" means sports pavilions, gymnasium, health
spas, boxing arenas, swimming pools, roller and ice rinks,
bowling alleys and other similar places where members of the
public assemble to engage in physical exercise, participate in
athletic competition, or witness sports events.
Sec. 8.16.040 PROHIEITION CF SMOKING IN PUBLIC PLACES.
A. Smoking shall be prohibited in a I I enclosed public places within
the City, including, but not limited to the following places:
1. Elevators and restrooms.
2. Buses, taxicabs and other means of public transit under the
authority of the City, and i n ticket, boarding, and waiting
areas of public transit depot -s.
?. Service lines.
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4. Retail stores, except areas i n said stores not open to the
public and all areas within retail tobacco stores.
5, Retail food marketing establishments, including grocery stores
and supermarkets, except those areas not open to the public,
whtch may be otherwise regulated by this chapter.
6. A11 areas available to and customarily used by the general
public in all businesses and nonprofit entities patronized by
the public, including, but not limited to, business offices,
banks, hotels and motels.
7. Restaurants.
8. Any building not open to the sky which is used primarily as a
museum or for exhibiting any motion picture, stage drama,
lecture, musical recita? or other similar performance, except
when smoking i s part of any such production.
9. Enclosed sports arenas and convention halls.
10. Every room, chamber, and place of meeting or public assembly,
including school buildings under the control of any board,
council, commission, committee, or agencies of the City or any
political subdivision of 1.he State during such time as a
public meeting is in progress, to the extent such place i s
subject to the jurisdiction of the City.
11, Doctors' offices, dentists' offices, waiting rooms, hallways,
wards, and semi -private rooms of health facilities, including,
but not limited to, hospitals, clinics, and physical therapy
facilities. In bed space areas of health facilities used for
two or more patients, smoking shall be prohibited unless all
patients within the room are smokers and request in writing
upon the health care facility's admission foams to be placed
i n a room where smoking i s perm i tted.
12. Folling Places.
B. Notwithstanding any other provision of this section, any owner,
operator, manager or other person who controls any establishment
described in this section may aeclare that entire establishment as
a nonsmoking establishment. Further, provided that notwithstanding
this chapter, the owner or person who controls such establishment
may, but is not required to set aside in any facility described in
this section, a separate room with walls and doors reasonably
impermeable to tobacco smoke for use as an employee ounge or break
room.
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Sec. 8.16.050 REGULATION OF SMOKING I N PLACES OF BVPLOYK/ENT.
A It shall be the responsibility of employers to provide smoke-free
areas for nonsmoking employees within existing facilities to the
maximum extent possible, but employers are not required to incur
any expense to make structural or other physical modiffcations i n
providing these areas.
6. Within 60
days of the effective date of this
chapter,
each employer
and each
place of employment located within
the City
shall adopt,
implement,
make known and maintain a written
smoking
policy, which
shall contain at a minimum the following requirements:
1. Any employee i n a place of employment shall have the right to
designate his or her work area as a nonsmoking area and to
post the same with an appropriate sign or signs, to be
provided by the employer.
2. Prohibition of smoking in auditoriums, classrooms, conference
and meeting rooms, elevators, hallways, medical facilities,
and restrooms.
3. Provision and maintenance of separate and contiguous
nonsmoking
areas of not less
than
fifty percent
of the seating
capacity
and f I o r space
i n
cafeterias,
lunchrooms and
employee lounges or provision and
maintenance of
separata
and
equal -sized cafeterias, lunchrooms
and employee
lounges
for
smokers and nonsmoker,.
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4. In any dispute arising under this smoking policy, the health
concerns of the nonsmoker shall be given precedence.
Ca The smoking policy shall be communicated to all employees within
three weeks of its adoption.
d. All employers shall supply a written copy of the smoking policy to
qny prospective employee.
E. Notwithstanding any other provisions of this section, every
employer shall have the right to designate any place of employment,
or any portion thereof, as a nonsmoking area.
Seca 8.16.060 WHERE SVUW NOT REGULATED.
A. Notwithstanding any other provisions of this Ordinance to the
contrary, the following areas shall not be subject to the smoking
restrictions of this chapter:
1. Bars.
2. Private residences, except when used as a child care or a
health care facility.
3. Hotel and motel rooms rented to guests.
4. Retail tobacco stores.
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5. Restaurant, hotel and motel conference or meeting rooms, and
public and private assembly romis while these places are being
used for private functions.
6. A private enclosed place occupied exclusively by smokers, even
though such a place may be visited by nonsmokers.
B. Notwithstanding any other provision of this section, any owner,
operator,
manager,
or other person who controls
any establishment
described
in this
section may declare that entire
establishment, or
any portion thereof, as a nonsmoking establishment.
Sec, 8.16.070 POSTING OF SIGNS.
A. "Smoking" or 'No Smoking" signs, whichever are appropriate, with
letters of not less than 1" in height or the international "No
Smoking" symbol (consisting of a pictorial representation of a
burning cigarette enclosed in a red circle with a red bar across
it) shall be clearly, sufficiently and conspicuously posted in
every building or other place where smoking is controlled by this
chapter, by the owner, operatcr, manager or other person having
control of such building or other place.
B. Every theater owner, manager or operator shall conspicuously post
signs in the lobby stating that snoking is prohibited within the
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theater or auditorium, and i n the case of motion picture theaters,
such information shall be shown upon the screen for at least five I
seconds prior to the showing of each feature motion picture.
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Sic . 8.16.084 ENFORCEMENT, w
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A. Enforcement shall be implemented by the Fire Marshal, �
& Any citizen who desires to register a complaint hereunder may
initiate enforcement with the Fire 'larshal
C. Any owner, manager, operator or employer of any establishment
controlled by this chapter shall have the right to inform persons
violating this chapter of the appropriate provisions thereof.
D. Notwithstanding any other provisions of this chapter, a private
citizen may bring legal action to enforce this chapter,
Sec. 8.16.090 VIOLATIONS AND PENALTIES.
A. It shall be unlawful for any person who owns, manages, operates or
otherwise controls the use of any premises subject to the
regulation under this chapter• to fail to comply with its
provisions.
B. It shall be unlawful for any person to smoke in any area restricted
by the provisions of this chapter.
C. Any person who violates any provision of this chapter shall be
guilty of an infraction, punishable by:
1. A fine, not exceeding $100, for first violation;
2. A fine, not exceeding $200, for a second violation of this
chapter within 1 year;
3. A fine, not exceeding $500, for each additional violation of
this chapter within 1 year;
Sec. 8.16.100 NON -RETALIATION.
No
person or employer
shall aischarge, refuse to hire,
or i n any
manner,
retaliate against
any employee or applicant for
employment
because
such employee or
applicant exercises any rights
afforded by
this chapter.
The City Manager
shall
annually request
other
governmental and
educational ageccies
having
facilities within
the
City to establish
local operating
procedures
in cooperation and compliance
with
this
chapter. The
City Manager
shall urge Federal, State,
County
and
special school district agencies to enforce their existing smoking
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control regulations and to comply voluntarily with this chapter.
Sec. 8.16.120 OTHER APPLICABLE LAWS.
This chapter shall not
be interpreted or
construed
to permit
smoking where it is otherwise
restricted by other
applicable
laws.
Sec. 8.16.130 SEVERABILITY.
If any provision or clause of this Ordinance or the application
thereof to any person or circumstances held to be unconstitutional or
to be otherwise invalid by any court of competent jurisdiction, such
invalidity shall not affect other Ordinance provisions or clauses or
applications thereof which can be implemented without the invalid
provision or clause or application, and to this end the provisions and
clauses of this Ordinance are declared to be severable.
Sec. 8.16. 140 EFFECTIVE DATE.
This chaoter shall be in force and take effect thirty (30) days
from and after its passage and approval.
SECTION 2. AIT ordinances and parts of ordinances in conflict
herewith sre repealed insofar as such conflict may exist.
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SECTION 3. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi.
Approved this 6th day of June 199U
Reero !
JOHN R.- SNIDER
Mayor of the City of Lodi
Attest:
7
ALICE M. REIMCHE
City Clerk of the City of Lodi
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State of California
County of San Joaquin, sQ.
I, Alice
M. Reimche,
City Clerk of the City of Lodi, do hereby certify
that Ordinance No. 1488 was
introduced a t a regular meeting of the City
Council
of the City
of Lodi
held May 16, 1990 and was thereafter
passed,
adopted and
ordered
to print at a regular meeting of said
Council
held June 6,
1990 by
the following vote:
Ayes: Council Members - Hinchman, Olson, Reid, and
Snider (Mayor)
Noes: Council Members - Pinkerton
Absent: Council Members - None
Absta in : Council Members - None
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I further certify that Ordinance No. 1488 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
1 7i, JA'
ALICE M. REIMCHE
City Clerk of the City of Lodi
Approved as to Form
BOBBY W. McMTT
City Attorney of the City of Lodi
ORD1488/TXTA.01V
SARI JOAOUIN COUNTY
REGISTRAR OF VOTERS
EXHIBIT B
GEORGE H. CUNNINGHAM
REGISTRAR OF VOTERS
24 SOUTH HUNTER STREET, ROOM 202 ASST. Q. ISTRA N
REGISTRARP.O. BOX 810 ASST. REq
.Tf1CKTOM_ CALIFORNIA 95201
(209) 468.2885
JULY 23, 1990
Mrs. Alice Reimche
City Clerk
city of Lodi
221 W Pine Street
Lodi, CA 95240
M Certification of Signatures of the City of Lodi
Referendum Against Passed Ordinance No. 1488
Petiticn.
Dear Mrs. Reimche:
Pursuant to your request this office has undertaken the
verification of the signatures on the City of Lodi Referendum
Against Passed Ordinance No. 1488 petition filed in your office.
Z hereby certify that the above named petition consists of
the following:
Number of signatures filed 5,051
Number of signatures verified 3,162 62.6%
Number of signatures found sufficient 2,511 79.4%
Number of signatures found not sufficient 651 20.6%
Based upon the sample, 2,511 signatures are valid, which is 10.6
percent of the registered voter count.
Please contact Debby Sellers of my staff at (209)468-2885 if
you have any questions.
V tru]�you •
Larry 0. Tunison
Acting Registrar of Voters
LOT: ds
4 EXHIBIT C
ORDINANCE NO.
AN ORDINANCE OF THE LODI CITY COUNCIL
REPEALING LODI MUNICIPAL CODE CHAPTER 8.16 (ORDINANCE NO. 1488)
IN ITS ENTIRETY
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8E IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1.
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WHEREAS, a Referendum Petition, having been certified under
Elections Code Section 4054 as containing sufficient signatures of
qualified registered voters of the City of Lodi to require action on
Ordinance 1488 by the Lodi City Council, has been received;
NDN, TH7;EFORE, BE IT ORDAINED that Lodi Municipal Code Chapter
8.16 (Ordinance Na 1488) entitled "AN ORDINANCE CF THE LODI CITY
COUNCIL REGULATING OR PROHIBITING SMOKING IN CERTAIN PUBLIC PLACES AND
IN PLACES OF EMR.CYNBVf' is hereby repealed in its entirety.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict iimy exist.
SECTION 3. This ordinance shall be published one time i n the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published i n the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
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Approved t h i s day of
UW R. SNIDEF
Mayor
Attest:
ALICE M. REMCFE
City Clerk
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State of California
County of San Joaquin, ss.
I, Alice M Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance Na was introduced at a regular meeting of the City
Council of the City of Lodi held , 1990 and was
thereafter passed, adopted and or ere to print at a regular meeting of
said Council held , 1990 by the following vote:
Ayes : Council Members
Noes= Council Members
Absent: Council Members -
Abstain : Councfl Mwbers -
I further certify that Ordinance No. vas approved and signed by
the Mayor on the date of its passage anC the same has been published
pursuant to law.
Approved as to Form
BOBBY W McMTT
City Attorney
ORDSMKI/TXTA.OIV
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ALICE M REIMCHE
City Clerk
RESOLUTION NO. 90-123
A RESOLUTION OF THE LODI CITY COUNCIL
CALLING RR A SPECIAL MUNICIPAL ELECTICN
10 BE HELD ON TUESDAY, NOVEMBER 6, 1990
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WHEREAS, a petition has been received by the City Council of the
City of Lodi requesting said Council to reconsider the adoption of
Ordinance No. 1488 entitled "AN ORDINANCE OF THE LODI CITY COUNCIL
REGULATING OR PROHIBITING SMOKING IN CERTAIN PUBLIC PLACES AND I N
PLACES OF EMR YNBVI'; and
WHEREAS, said petition has been certified by the City Clerk of
the City of Lodi as containing sufficient signatures of qualified
registered voters of the City of Lodi to require action on said
ordinance by the City Council; and
WHEREAS, in accordance with the provisions of Section 4055 of the
Elections Code of the State of California, the City Council shall
either repeal Ordinance 1488 or hold an election thereon; and
WHEREAS, the City Council has moved to sustain its action in
adopting Ordinance No. 1488;
NCkN, THE;EFORE, BE IT RESOLVED , that a special election shall be
held on Tuesday, November 6, 1990 to vote upon the question of:
Shall Ordinance 1488 of the City of Lodi entitled, "AN ORDINANCE
CF THE LODI CITY COUNCIL REGULATING OR PROHIBITING SMOKING IN
CERTAIN PUBLIC PLACES AND I N PLACES OF EMPLOYMENT" be adopted?
Dated: August 1, 1990
1 hereby certify that Resolution No. 90-123 was passed and
adopted by the Lodi City Council i n a regular meeting held August 1,
1990 by the following vote:
Ayes : Council Members - Hinchman, Olson, Reid and Snider
(Mayor)
Noes : Counci 1 Members - Pinkerton
Absent: Council Members - None
11,CL a r"', n'"L 4,L
Al ice M. Reimche
City Clerk
RESOLUTION NO. 90-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN JOAQUIN TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6,
1990, WITH THE STATEWIDE GE1[AL ELECTION TO BE HELD ON THE DATE
PURSHANT 10 SECTION 23302 OF THE ELECTIONS CODE.
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WHEREAS, the City Council of the City of Lodi called a Special
Municipal Election to be held on November 6, 1990 for the purpose of
the election of three Members of the City Council; and
WHEREAS, the City Council is submitting to the voters the
questions relating to a smoking ordinance; and
WHEREAS, it is desirable that the Speciai Municipal Election be
consolidated with the Statewide General Election be consolidated with
the Statewide General Election to be held on the same date and that
within the City, the precincts, polling places and election officers of
the two Elections be the same, and that the County Election Department
of the County of San Joaquin canvass the returns of the Special
Hunieipal Election and that the election be held in all respects as if
there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOAta
SECTION 1. That pursuant to the requirements of Section 23302 of
the Elections Code, the Board of Supervisors of the County of San
Joaquin is hereby requested to consent and agree to the consolidation
of a Special Municipal Election with the Statewide General Election on
Tuesday, November 6, 1990, for the purpose of the election of three
!embers of the City Council.
SECTION 2. That a measure is to appear on the ballot as follows:
SHALL ORDINANCE 1488 OF THE CITY OF LOCI
YES
ENTITLED, "AN ORDINANCE OF THE LGDI CITY
COUNCIL REGULATING OR PROHIBITING SMOKING
IN CERTAIN PUBLIC PLACES AND IN PLACES OF
11,40
EIVIFLOYMEN ' BE ADOPTED?
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SECTION 3, That the County Election Department is authorized to
canvass the returns cf the Special Municipal Election. The election
shall be held i n a I I respects as i f there were only one election, and
only one form of ballot shall be used.
SECTION 4. That the Board of Supervisors is requested to issue i
instructions to the County Election Department to take any and all
steps necessary for the holding of the consolidated election,
SEEC�ttIO a Th t the Ci of odi reco ni a that additional
costs will �e incurre� by the ounty by reasNP of chis consolidation
and agrees to reimburse the County for any costs.
j
e
SECTION 6. That the City Clerk is hereby directed to file a
certified copy of this resolution with the Board of Supervisors and the
County Election Department of the County of San Joaquin.
SECTION 7. That the City Clerk shall certify to the passage and
adoption of this resclution and enter it into the book of original
resolutions.
Dated: August 1, 1990
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I hereby certify that Resolution No. 90-124 was passed and
adopted by the Lodi City Council i n a regular meeting held August 1,
1990 by the following vcte:
Ayes: Council Members - Hinchman, Olson, Pinkerton, Reid and
Snider (Mayor)
Noes : Council Members - None
Absent: Council Members - None
l&7f. we -4 -
Alice M. Reimche
City Clerk
90-124
RES90124/TXTA.02u'
-2-
RESOLUTION NO- 90-125
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F
A RESOLUTION CF THE C IT Y CakU CF THE CITY CF LODI,
CALIFORNIA PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS
FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS
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WHEREAS, Section 4015.5 and 5014.5 of the Elections Code of the
State of California authorizes the City Council, by majority vote, to
adopt provisions to provide for the filing of rebuttal arguments for
city measures submitted at municipal elections;
NOW, THE CITY OCUNCL OF THE CITY OF LODI, CALIFORNIA,
DOES FfBOL\.,E DECLARE, DEfERIVT\E AND ORDER AS FCLLCM
SECTION 1, That pursuant to Sections 4015.5 and 5014.5 of the
Elections Code of the State of California, when the clerk has selected
the arguments for and against the measure which w i I I be printed and
distributed to the voters, the clerk shall send copies of the argument
in favor of the measure to the authors of the argument against, and
copies of the argument against to the authors of the argument in
favor. The authors may prepare and submit rebuttal arguments not
exceeding 250 mords. The rebuttal arguments shall be filed with the
City Clerk not more than 10 days after the final date for filing direct
arguments. Rebuttal arguments shall be printed in the same manner as
the direct arguments. Each rebuttal argument shall immediately follow
the direct argument which it seeks to rebut.
SECTION 2. That all previous resolutions providing for the
filing of rebuttal arguments for city measures are repealed.
SECTION 3, That the provisions of Section 1 shall apply only to
the election to be held on November 6, 1990, and shall then be repealed.
SECTION 4. That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original
Resolutions.
Dated: August 1, 1990
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1 hereby certify that Resolution Nc. 90-125 was passed and
adopted by the Lodi City Council in a regular meeting held August 1,
1990 by the following vote:
Ayes : Council Members - Hinchman, Olson, Pinkerton, Reid and
Snider (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Alice M. Reirrche
City Clerk
90-125
RES90125/TXTA.02J
-1-
DECLARATION OF POSTING
Qi August 2, 1990 in the City of Lodi, San Joaquin Count, California, 1
posted on the following public bulletin boards a copy of ' Notice to Voters
of Date After Which No Arguments For or Against a City Referendum Measure x
IVbj be Submitted to the City Clerk" attached hereto, marked Exhibit A
a) City Hall
Council Chambers Bulletin Board
221 Vest Pine Street
Lodi, CA 95240
I declare under penalty of perjury that the foregoing is true and correct. ;
Executed on August 2, 1990 at Lodi, California. k
s
MICE M. REINCHE
i
City Clerk
eputy My Clerk
NOTICE TO VOTERS OF DATE AFTER WHICH NO ARGUMENTS
FOR OR AGAINST A CITY REFERENDUM MEASURE
MAY BE SUBMITTED TO THE CITY CLERK
NOTICE IS HEREBY GIVEN that a Special Municipal Election is to be
held in the City of Lodi on November 6, 1990 at which there will be
submitted to the voters the following referendum measure:
SHALL ORDINANCE 1488 OF THE CITY OF LODI ENTITLED,
"AN ORDINANCE OF THE LODI CITY COUNCIL REGULATING OR
PROHIBITING SMOKING I N CERTAIN PUBLIC PLACES AND IN
PLACES OF EMPLOYMENT" BE ADOPTED?
NOTICE
IS FURTHER GIVEN that
pursuant to Article 4, Chapter 3,
Division 5
of the Elections Lode
of the State of
California, the
legislative
body of the City, or
any member or
members thereof
authorized
by the body, or any
individual voter
or bona fide
association
of citizens, or any combination
of voters
and associations,
may file a
written argument, not to
exceed 300 words
in length, for or
against the
City referendum measure.
NOTICE IS FURTHER
GIVEN that, based
upon the
time reasonably
necessary to prepare and
print the arguments
and sample
ballots for the
election, the City Clerk
Inas fixed August 14,
1990 as a
reasonable date
prior to the election after which no arguments for or against the City
referendum measure may be submitted to the Clerk for printing and
distribution to the voters as provided in Article 4. Arguments shall
be submitted to the City Clerk at City Hall, 221 West Pine Street,
Lodi, California 95240. Arguments may be changed or withdrawn until
and including the date fixed by the City Clerk.
NOTICE IS FURTHER GIVEN that the City Council has determined that
rebuttal argtnts, as submitted
by the
authors
of the opposing direct
arguments, may be filed with the
Clerk
not nixe
than 10 days after the
final date for filing direct arguments.
NOTICE IS FURTHER GIVEN that any ordinance, impartial analysis, or
direct argument filed under the authority of the Elections Code will be
available for public examination in the Clerk's office for not less
than 10 calendar days fium the deadline for filing arguments. Any
rebuttal argent filed under the authority of the Elections Code will
be available for public examination in the Clerk's office for not less
than 10 calendar days fivm the deadline for filing rebuttal arguments.
AtT
M. 'TibKE /
City Clerk
A
Oa ted: ltijjr4,4 r` 1990
SMOKEI3/TXTA.OIV
-2-
a]
DECLARATION CF MAILING
Ch August Z 1990 in the City of Lodi, San Joaquin County, California, I
deposited in the United States mail, envelopes with first-class postage
prepaid thereon, containing a copy of the Notice attached hereto, marked
Exhibit "A", said envelopes were addressed as is more particularly' shown
cn'Exhibit "8" attached hereto.
There i s a regular d a i l y comm nicati on by mail between the City of Lodi,
California, and the places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing i s true and correct.
r
Executed on August 2 1990, at Lodi, California.
I
i
1
Alice M. Reinche i.
City Clerk
i
jda%
E
n er err n
eputy C ty Clerk
DEC/01
TXTA. FRM
CITY COUNCIL
IOHN R.(Randv)SNIDER. Mavor
DAVID M. HINCHMAN
Mavor Pro : emnom
EVELYN M. OLSON
LAMES W PI`tiKER110%. it
FRED M. REID
CITY OF LODI
,Ti HAIL. _21 WST PlF%F STRtf T
'AL1. ROX 1006
%1, if OR%IA 9i231. )910
1091 114-1;634
August 2, 1990
San Joaquin County
Reqistrar of `voters
Attention: Larry Tunison
P.O. Sox 810
Stockton, CA 95201
Dear Larry:
MOMAS A PETERSON
Cav Manager
%,UCE M Rf IMCHE
City Clerk
1108 McNATT
t.,tv Attornev
Please find attached the following resolutions trhich were adopted at
the regular City Council meeting held on August 1, 1990:
Resolution No. 90-123 entitled, "A Resolution of the Lodi Ciay
Ccuncil Calling for a Special Municipal Election to Be Held on
Tuesday, November 6, 1990";
Resolution No. 90-124 entitled, "A Resolution of the City Ccuncil
of the City of Lodi, California, Requesting the Board of
Supervisors of the County of San Joaquin to Consolidate a Special
Municipal Electicn to Be Held on November 6, 1990, with the
Statewide General Election to Be Held on the Date Pursuant to
Section 23302 of the Elections Code";
Resolution No. 90-125 entitled, "A Resolution of the City Council
of the City of Lodi, California Providing for the Filing of
Rebuttal Arguments for City Measures Submitted at Municipal
Elections".
If you have any questions, please give our office a call.
Very truly yours,
Alice M. Reimche
City Clerk
AMR/JMP
.nciosures
August 21 11990
San Joaquin County
Board o f Supervisors
Attention: Joretta Hyde
Courthouse
222 East Weber Avenue, Room 701
Stockton, CA 35202
Dear Joretta:
Please find attached the following resolutions which were adopted at
the regular City Council meeting held on August 1, 1990:
Resolution No. 90-123 entitled, "A Resolution of the Lodi City
Council Calling for a Special Municipal Election to Be Held on
Tuesday, November 6, 199U" ;
Resolution No. 90-124 entitled, "A Resolution of the City Council
of the City of todi, California, Requesting the Board of
Supervisors of the County of San Joaquin to Consolidate a Special
Municipal Election to a Held on November 6, 1990, with the
Statewide General Election to a Held on the Date Pursuant to
Section 23302 of the Elections Code";
Resolution Nb. 90-125 entitled, "A Resolution of the City Council
of the City of Lodi, California Providing for the Filing of
Rebuttal Arguments for City Measures Submitted at Municipal
Elections".
Ifyou have any questions, please give our office a call.
Vey truly yours,
Alice M. Reimche
City Clerk
AMR/jMP
inclosures
C I N COUNCIL
1140MAS A PETERSON
IOHN R (Randy) SNIDE R. Manor
CITY OF L O D I
Manager
1LICE tit REIMCIMCHE
DAVID&I HINCHMAN
`savor Pro Tempore
CITY HALL. 221 WEST PINE STRFFI
City Clerk
EVELYN M OLSON
CALL BOX i4ftf
tfO6 MCNAl T
IAMESW PINKLRTON. It
1001. CALIFORNIA 95241-1910
Cit, Attornev
FREDM RFS
209) 334-5634
,Hjt ,-IPUR _09i t"470;
August 21 11990
San Joaquin County
Board o f Supervisors
Attention: Joretta Hyde
Courthouse
222 East Weber Avenue, Room 701
Stockton, CA 35202
Dear Joretta:
Please find attached the following resolutions which were adopted at
the regular City Council meeting held on August 1, 1990:
Resolution No. 90-123 entitled, "A Resolution of the Lodi City
Council Calling for a Special Municipal Election to Be Held on
Tuesday, November 6, 199U" ;
Resolution No. 90-124 entitled, "A Resolution of the City Council
of the City of todi, California, Requesting the Board of
Supervisors of the County of San Joaquin to Consolidate a Special
Municipal Election to a Held on November 6, 1990, with the
Statewide General Election to a Held on the Date Pursuant to
Section 23302 of the Elections Code";
Resolution Nb. 90-125 entitled, "A Resolution of the City Council
of the City of Lodi, California Providing for the Filing of
Rebuttal Arguments for City Measures Submitted at Municipal
Elections".
Ifyou have any questions, please give our office a call.
Vey truly yours,
Alice M. Reimche
City Clerk
AMR/jMP
inclosures
CITY COUNCIL
JOHN R. (Randy) SNIDER. Mayor CITY OF L O D I
DAVID M. HINCHMAN
Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET
EVELYN M. OLSON CALL BOX 3006
JAMESK PINKERTON. Jr. LODI, CALIFORNIA 95241-1910
FFA M. REID (209) 334-5634
TELECOPIER (209) 333-6795
August 2, 1990
Eileen St. Yves
Treasurer
Lodi Indoor Clean A i r Coaiition
310 South Orange Street #60
Lodi, CA 95240
Dear Eileen:
THOMAS A. PETERSON
City Manager
ALICE M.REIMCHE
City Clerk
BOB MCNATT
City Attorney
Please find enclosed for your information a copy of the "Notice to
Voters of Date After Which No Arguments For or Against a City
Reference Measure May be Submitted to the City Clerk".
Also attached i s a Form of Statement by Author of Argument. This
format needs to be attached as a cover sheet iiify- ou wish to submit an
argument to the City Clerk regarding the Referendum measure.
If you have any questions regarding this matter, please feel free to
contact the City Clerk.
Very truly yours,
nifer Perrin
Deputy City Clerk
imp
Enclosure
CITY COUNCIL
JOHN R. (Randvl SNIDER. Mava CITY OF L O D I
DAVIDM. HINCHMAN
Maw Pro Tenvore CITY HALL, 221 WEST PINE STREET
EVELYN M OLSON CALL BOX 3006
JAMES W. PINKERTON. Jr. LODL CALIFORNIA 95241-1910
FREDK REID (209)334.5634
TELECOPIEU (209) 333-6795
August 2, 1990
Ms . F1 oy French -Landau
Treasurer
Taxpayers United for Freedom 0M.F.F.)
FQ Box 2714
Lodi, CA 95241
Dear Fl oy
THOMAS A PETERSON
Citv Manager
ALICE M.REIMCHE
City Clerk
BOB McNATT
City Attorney
Please find enclosed for your information a copy of the "Notice to
Voters of Date After Which No Arguments For or Against a City
Referendum Measure Hay be Submitted to the City Clerk".
Also attached is a Form of Statement by Author of Argument. This
format needs to be attached as a cover sheet ifyou wish to submit an
argument to the City Clerk regarding the Referendum measure.
If you have any questions regarding this matter, please feel free to
contact the City Clerk.
Very truly yours, l n
nife M. Perrin
eputy City Clerk
JMP
Enc los u re
0 04
FORM OF STATEMENT TO BE FILED BY
AUTHOR OF ARGUMENT
A I I arguments concerning measures filed pursuant to Division 5, Chapter 3
(beginning with Section 4000) of the Elections Code shall be accompanied by
the following form statement to be signed by each author of the argument:
The undersigned author(s) of the (primary/ rebuttal) argument (in favor
of/against) ballot proposition (name or number) at the (title of election)
election for the (jurisdiction) to be held on , 1990 hereby
state that the argument is true and correct to the best of (his/her/their)
knowledge and belief.
Signed Date
'31111cr .1J .110 COU11t% p�'Stta>Si:+ to ,:��:. . .a1i: „fi ....t ....� 1. .nr, r �.i.LU
that, for the purposes of this lection, reterences in tho-w sections to the board of
supervisors shall `.>e treated as references, � -he legislative hodv cit the city or city
and county. The expenses ofsignaturever► pion shall N, provided by the govern -
mg body receiving the petition fman the clerk.
(Added by Stats. 1981, C. 136,§11.)
4093. Petitions not accepted
Petitims which do not substantially conform to the form requirements of this
article shall not be accepted for filing by the clerk.
(Added by Stats. 1981,c.136. §13.)
4094. Conduct of election and publication requirements.
The conduct of election and publication requirements shall substantially con-
form with Division 14 (commencing with Section 22000)
(Added by Slats. 7988, a 357, §7.)
3095. Resolution upon completion of canvass.
Upon the completion cf the canvass of votes, the governing IX)dv of a city oroxty
and county shall pass a resolution reciting the tact of the election and such other
rtiatt>ers as areenumerated in Section 22933. The clerk of the city or city and county n='
shall then cause the adopted measures to �,e submitted to the 5ecretary of State
pursuant to Sections 34459 and 34460 of the Govvrnment Co%:c
(A ided by Stars. 1988, c. 357, §8.)
Article 4. Arguments Concerning City Measures
5010. "City m easurc" def i nit ian.
As used in this article. "city measurr" includes any proposed city charter,
proposed amendment to a city charter, an propo!�itton for the issuance of be
I
y the city, anv advisory question. or anv other question or proposition submi
to the voters of a city.
(Amended by Stats. 19176, c. 916, 62 )
5011. City attorney to prepare impartial analysis.
Whenever any city measure qualifies for a place on the ballot, the goven
bodym W directthecity derk io transmita copy cf the measure to the city attor
unless the organization or salaries of theotfice o f the citvattornev are affected.
city attorney shall prepare an impartmi analysis cf the measure snowing the el
of the measure on the existing law and the operation of the measure. If the me—
affects the organization or salaries of the office of the aty attorney, the goverr
board may direct the city cr�rk to prepare the impartial analvsis. Theanalysiss
be printed preceding the arguments torand igainst the measure. Theanalysiss
not exceed 500 word e in length.
In the event the entire text of the measure is not printed on the ballot nor in
voter information portion of the sample ballot, there shall be printed immedial
below the impartial analvsis, in no less than 10 -point mold type, a legend sub61
tially as follows:
"The above statement is an impartial analysis of Ordinance or MeO
. if you desire a copy of the ordinance or measure, please calf.
elections official's office at (insert telephone numtx r) and a copy will be malls_
no cost to vou." A
(Amended by Stats. 1988,c. 420, §3.)
1990 110