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HomeMy WebLinkAboutAgenda Report - May 20, 1998AGENDA TITLE: Ordinance No. 1660 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 12.12, Section 12.12.045 Relating to the Prohibition of Glass Bottles or Similar Containers, Alcoholic Beverages and/or Tobacco Products in Certain Posted Parks or Facilities" MEETING DATE: May 20, 1998 PREPARED BY: City Clerk RECOMMENDED ACTION: Following reading by title, it would be appropriate for the City Council to adopt Ordinance No. 1660. BACKGROUND INFORMATION: Ordinance No. 1660 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 12.12, Section 12.12.045 Relating to the Prohibition of Glass Bottles or Similar Containers, Alcoholic Beverages and/or Tobacco Products in Certain Posted Parks or Facilities" was introduced at the regular City Council meeting of May 6, 1998. Pursuant to State statute, ordinances may be adopted five days after their introductions following reading by title. This Ordinance has been approved as to form by the City Attorney. FUNDING: None required. Attachment Alice M. Reimche City Clerk APPROVED: H. Don Flynn -- City Manager, ORDINANCE NO. 1660 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 12.12, SECTION 12.12.045 RELATING TO THE PROHIBITION OF GLASS BOTTLES OR SIMILAR CONTAINERS, ALCOHOLIC BEVERAGES AND/OR TOBACCO PRODUCTS IN CERTAIN POSTED PARKS OR FACILITIES BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 12.12 "Parks", Section 12.12.045 - is hereby amended to read as follows: 12.12.045 Glass bottles or similar containers, alcoholic beverages and/or tobacco products—Prohibited in certain posted parks or facilities. The Parks and Recreation Director may designate, by appropriate signs, those parks or facilities in which it shall be illegal to utilize or possess glass bottles or similar containers, alcoholic beverages and/or tobacco products of any nature. In such posted facilities, it is unlawful for any person to have in his or her possession any bottle or similar glass container or to posses or consume any alcoholic beverage or to smoke or otherwise use tobacco products. Section 2. -- No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3. - Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. 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 and shall be in force and take effect thirty days from and after its passage and approval. A rov d this 20th y of M 1998 JACK A. SIEGLOCK Mayor Attest: ti �E'�4 jCE M REIM .��-� Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1660 was introduced at a regular meeting of the City Council of the City of Lodi held May 6, 1998 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held May 20, 1998, by the following vote: Ayes: Council Members - Johnson, Land, Mann, Pennino and Sieglock (Mayor) Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None I further certify that Ordinance No. 1660 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. �lL CE M. EIMCHE ity Clerk Approved as to Form: RANDALL A. HAYS City Attorney Continued May 20, 1998 • Of the alternatives presented, staff recommended Alternative 2 be designated as the preferred alternative for the final ElR/EIS. • Further, request that a presentation by CAVED on the program with a question and answer period be made at a regular Council meeting. Council Member Pennino recommended that Council conduct a study session instead of a Council meeting to discuss this matter, invite CALFED to attend the meeting, and provide them in advance with the City's questions and concerns. Mr. Pennino further suggested that Pat McCarty; Russ Matthews, Executive Director with the San Joaquin Farm Bureau; John Pulver, San Joaquin Public Works Director and Water Coordinator; and Mark Chandler with the Lodi -Woodbridge Winegrape Commission also be invited to the meeting. Council Member Johnson concurred with the comments and added that staff check with the San Joaquin County Water Advisory Commission's list of comments to ensure that their comments and concerns match ours and to check that we do not miss anything. The City Council determined that they would adjourn this meeting to Tuesday, March 26, 1998 at 7:00 a.m. to continue discussion regarding the matter. 10. ORDINANCES a) Ordinance No. 1660 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 12.12., Section 12.12.045 Relating to the Prohibition of Glass Bottles or Similar Containers, Alcoholic Beverages and/or Tobacco Products in Certain Posted Parks or Facilities" having been introduced at a regular meeting of the Lodi City Council held May 6, 1998 was brought up for passage on motion of Mayor Sieglock, Land second. Second reading of the ordinance was omitted after reading by title, and the ordinance was then adopted and ordered to print by the following vote: Ayes: Council Members - Johnson, Land, Mann, Pennino and Sieglock (Mayor) Noes: Council Members - None Absent: Council Members - None 11. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS There was no one wishing to speak on this segment of the agenda. 12. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS a) City Manager Flynn announced that Electric Utility Director Vallow was appointed by Governor Wilson this week to the California Power Exchange Governing Board. Mr. Flynn also announced that this week is Public Works Week, and the department celebrated and awarded its employees with breakfast this morning. On May 21, 1998, a number of cities and the County will be meeting in Stockton to take a position on the Governor's vehicle license fee proposal. Staff will return to the City Council with a recommendation. Further, Mr. Flynn informed the Council that at the city managers' meeting today he learned that the County of Fresno is joining the County of Alameda's suit to protect their water rights. -� b) Council Member Johnson congratulated Duane Sirnpfenderfer, Ken Sasaki, and Mike Reese for the successful "Shoot Out on School Street' event. On Sunday there were 80 teams participating and there were even some people from as far away as Fresno. He hopes this event will continue! Further, Mr. Johnson asked the City Council to consider sending a letter to the Department of Treasury Bureau of Alcohol, Tobacco and Firearms 6 y Conilnued May 20, 1998 in regards to Kendall Jackson Winery's attempt to create a "California Coastal" wine appellation. The only reason they want to do this is to increase the sales of their wine; however, they are denigrating Lodi's products and making negative comments about Lodi grapes. Mr. Johnson provided a copy of this information to the City Clerk's office. Mayor Sieglock concurred and indicated that he has already spoken with the City Manager regarding this matter. C) Council Member Pennino apologized for being late to the meeting, but he had a forum in Elk Grove. 13. CLOSED SESSION Mayor Sieglock adjourned the City Council meeting to a Closed Session to discuss the following matters: a) Conference with labor negotiator: Government Code §54957.6. Agency negotiator, Joanne Narloch. Employee organization, Lodi Police Dispatchers Association (LPDA) b) Conference with labor negotiator: Government Code §54957.6. Agency negotiator, Joanne Narloch. Employee organization, San Joaquin Public Employees Association (SJPEA) for Maintenance and Operators C) Conference with labor negotiator: Government Code §54957.6. Agency negotiator, Joanne Narloch. Employee organization, San Joaquin County Public Employees Association (SJPEA) for General Services 14. RETURN TO OPEN SESSION / DISCLOSURE OF ACTION The City Council meeting reconvened at approximately 8:20 p.m. and Mayor Sieglock disclosed the following actions: No final action was taken in these matters. 15. ADJOURNMENT There being no further business to come before the City Council, Mayor Sieglock, on motion of Council Member Johnson, Land second, unanimously adjourned the meeting at approximately 8:22 p.m. to Tuesday, May 26, 1998 at 7:00 a.m. ATTEST: Jennifer M. Perrin Deputy City Clerk 7 May 18, 1998 Mr. John Ledbetter Vino Farms 1377 East Lodi Ave. Lodi, Ca. Dear John: Thank you very much for meeting with me on such short notice last week. I appreciate having the opportunity to discuss the proposed power line with you. Your comments and questions create a somewhat different perspective from that of Mike Phillips or Nancy Ripkin. Most parties seem to agree that a new power line would be a benefit to both Lodi and the region. Where to place it with the least amount of cost and inconvenience is the question. Hopefully we will be able to arrive at a decision that will be satisfactory to a majority of those concerned. To another subject - On Wednesday, May 20, I will ask the City Council to draft and pass a resolution to oppose the petition to BATF calling for the creation of a "California Coastal" wine appellation. It is evident that this is simply a marketing ploy which, if passed, will create a significant hardship to the local grape growers. Agribusiness is the backbone of the Lodi economy and any negative impact to the multi- million wine grape industry would have serious consequences to our community. Hopefully this will help BATF come to their senses. Thanks again for your comments and interest. Very truly yours, Bob Johnson Council Member cc: Mark Chandler Keith Watts I DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL. TOBACCO ANO FIREARMS �-" WASHINGTON, DG 20226 RE:A:RG:DWB 5130 NS Mr. Les Dabritz President/CEO. Lodi District Chamber of Commerce 35 S. School Street P.O. Box 386 Lodi, CA 95241 Dear Mr. Dabritz: Thank you for your letter dated March 18, 1998, concerning the proposed "California Coastal" viticultural area. As yet, no decision has been made and no document has been published concerning this proposed area. We appreciate your thoughts on this proposal and we will keep you informed concerning any action taken. Mr. David Brokaw is reviewing the proposed "California Coastal" petition. Should you wish to contact him directly, he can be reached by phone at (202) 927-8199. Sincerely, Richard A. Mascolo Chief, Regulations Division a 16 5- Will tW CIK�tiIBER OF COy11IERCE Minh is, 1998 Mr. Richard Mascolo Chief of Regularions Division Burnt of Alcohol. Tobacco tit Firearzs 650 btaear4n,, Ave. NW Washington D.C. 30=6 Dear Mr. Mascolo, The Lodi District Chamber of Commerce Board of Directors would like to submit this letter in opposition to the petition to create a 'California Coast' appellation_ The wine industry is the very bedrock of our local economy, and has been for a long time. With the establishment of the Lodi appellation in 1986 local growers embarked on a sustained effort to upgrade grape varieties and improve wine quality. Those efforts have paid off — the industry has recently enjoyed a rise in reputation and popularity. X- Wme districts around the state who previously dominated the quality wine business an not pleased with new competition :oro Lodi. We fees this is at the bottom of the coastal petition, not a true interest in better informing consumers of the dssductiveness coastal region wines. If that were so the petitioners would have included Lodi, since it enjoys the same maritime influences and produces wines of similar quality. Should BATF approve this petition serious economic harm would be done to the Lodi community by reinforcing an outdated stereotype of the quality of our wines. Lodi grapes would be associated with districts whose prices are substantially lower than what our growers cumndy receive. 'Ile region's new-found quality reputation would suffer and our efforts to expand the local economy by creating wine -related tourism would be dealt a severe setback. This impacs not only the wineries and vineyards but also hotels, restaurants. gas stations. the retail se=r, paries and tourism attractions. We believe BATF should see this petition for what it is — an effort to use the power of the federal government to mislead consumers for the benefit of a few coastal producers, to the detriment of the entire Lodi community. We strongly urge you to deny it_ Sincerely, 9-- \� Les Dabritz 1 PresideWCEO LD/dna tc—ca-?—,, 35 S. Str - PO Box 336 • Lodi. CA 95:41 - PHONE (_09) 367- 7340 - R%X (.09) :34-15_3 March 12, 1998 Dear GRC Members: The attached letter from Keith Watts accurately points out the strategy and consequences of the "California Coastal" appellation petition. In short they want to split the state into two appellations — Coastal on the coast and California in the interior. Then they will be free to tout the coast and bash the Central Valley and wineries based here. They are already doing this (see attached Decanter excerpt, and page out of one of KJ's promo pieces). What needs to be emphasized to GRC is that: • Appellations are basically marketing tools to tell consumers about a distinct region. There is no justifiable climatic basis to create this appellation (Lodi actually qualifies better than Temecula). It is a sham! • This move is all about Lodi, and the progress it has made in the last five years. The proponents wish to use the federal government to squash our competition and malign our region, totally for greed and commercial reasons. (It is also about the vicious rivalry between Jess Jackson and Ernest Gallo, and we as innocent bystanders are getting caught in the crossfire). • If it were to be approved gro-,ver prices would forever be in the basement, our economy would sut%r, and the lack of prosperity would be felt by every single citizen in the county. (Remind them that wine2rapes are our highest value agricultural crop, worth nearly $300 million in 1997). • Our efforts to expand the local economy by creating wine -related tourism based on our high quality would be dealt a severe setback. This impacts hotels, restaurants, gas stations, the retail sector, fast food, parks, and all tourism attractions. The Bureau of .alcohol, Tobacco and Firearms needs to feel the pressure from trade groups and civic entities -- it wil l have an impact. The GRC should pass a motion to register its opposition to the California Coastal appellation petition by getting the Chamber Board to sign a letter which will be drafted by the AS Committee. Lodi District Grape Growers ASSOciation,-Imc. v PO4.02 5 tv CA- P.O. SOX 2004 LODI, CALIFORNIA 95241-2004 (209) 339-8246 OFFICERS KelmWatts M vn,e«. Dear Grower: Diego Otagaray Vag Inson• Bob Smilenourg The time has come to rally our district in order to fight a very S.a.urq important issue. This past year a coalition of Coastal wineries Roo Kammerer and growers submitted a petition to BATF to create a new Taasvr "California Coastal" appellation. This new appellation change DIRECTORS attempts to split the state of California into two regions; the coastal region and the valley -interior region. This splitting of the state will Date Carlson degrade the current "California" label by imply that only lower Dave Devine quality valley fruit is used in the wine. Their hope is to eliminate Tom Rottman Lodi's competition by keeping us in the California designated 3 Tea MacnGnr. Jr labels and inform the wine consumer that the California label is Imp Stocoaoner s inferior to the Coastal label. Their petition is full of holes and was developed in an effort to use regulatory powers to eliminate their Bill stoxes competition. I am including a letter that identifies the major flaws of their petition. In addition, there is a article from a recent wine magazine quoting Jess Jackson that his real motivation in this petition is to keep Lodi in its place and continue to degrade other wineries for using Lodi fruit. Ple-ase photo copy this letter onto your business - farming letterhead, sign it and send it to the BATF office. Please include the article reprint to help make your point. Sincerely-, President, LOGG • Sit Mr. Richard Mascolo Chief of Regulations Division Bureau of Alcohol. Tobacco & Fireanus 650 lvtassachusetts Ave.. NW Washington D.C. 30226 Dear Mr. Mascolo As a vineerape grower within the Lodi AVA l would like to express my opposition to the petition to establish a new viticuhurnl area entitled -Cilifornia Const". I would like to point out: • Appellations should serve the consumer by pointing out the distinctivctess of a wine producing regiou. The huge region described in the petition incorporates such a broad mage of climates, soils. and geography that it Cannot meet any criteria for distinctiveness. • The current North. Central and South Coast appellations contain enough variability within their own boundaries •- consumers would be further eottftmcd by creating this overlapping appellation. • Grape varieties Wown. as well as -wine quality and style, are not consistent throughout the region. • The Lodi area exhibits many of the climatic characteristics described in the petition, yet it was excluded from it. Is that because the petitioners seek to use the regulatory power of the BATF to stifle competition from Lodi? Please see alae enclosed excerpt from Decanter Magazine where.Mr. Jackson admits this fact. The diversity of climate. soil. and «ine types produced in clic re,iot calls for the continued use of the appropriate appellation -='California". Adoption of this preposterous proposal will mislead consumers and undermine the integrity of our current appellation system. California nines are beginrtin; to garner -worldwide attention - let's not demean the reputation of our industry b% making it the laughingstock of the wine world. I stron,h ur,s you to dery this petition. Sincct,:tu. I When asked what lie eun- sidcrs to lie his gmmsr accum- plichment over the first 15 vintages. Jackson's crusading bivcs way to the consumer pop- ularity of Kendall -Jackson Vintners R serve Chardonnay. Saps of this one wine soared to 1.6 million cases last y=r, and it is the number one Cililiuntia Cltarduumay in dol- lar valuc. 'When we bcSan in 19113, we saw a I)ri.c hole in the n)arkct and tried to fill that $7 to $10 411clhc. %X'c had also .cttl�tl on uhc i�l..t of blending Cltardomnav from. several coastal regions and didn't think twice ahout the "C:a11111mia" aplid. lation posing a problem. 11)c appellation now implies a use of Central Valley grapes. %Ck have nc7cr used any Central Vallcy Fruit in our Chardonna-v. Many do use Lodi Chardomi.ty and sonic winer- ics arc based in Lodi today. So %ve in: trying ro win app.nval for the "California Coastal" appellation which will get the coastal -only message across: r_t 36 o' oi' 3'viUf3i I003n COASTAL VINEYARDS K.oaall-.Jackson's vineyard search has discovered that within the coastal growing regions *F California, there are spedf cG grass where complex interrelationships between climate and &oil result in the puresr and most incense flavor For each of the noble grape varieties. Kendsll-Jackson obtain.. 100 percent of its fruit from California cnasral growing reg*orts and is com- ruined to producing all of its wines from these areas. Over 400 coastal growers sell their grapes to Kendall- Jaehaan. Their crops may be as small at one can of Ziiufa..det from 100}esrold vines from the Zeni Vtaeyard in Mendocino. to SO tons of Chartlonnay reo.n Sangiacomo V+neyardc in Carneros. Kendall -Jackson's Gro%eti-r Reliasionx team mainrains close guaiacs —itis groes chr.+ashovt ►1.r yoar. At harvcsr time. a dedicated staff continually inspects every- vineyard ra aasur. crops sre picked at rho peak of ripeness. THE IMPORTANCE OF THE PACIFIC OCCA` Cali%rnias most important climatic influence is the PaciFc OCna= Bch varietal i success is dependent on a long. coal. even ripening period. Virtually all of the nue's finest vineyards are located along a relatively narrow scrip of land chat folluws the coastline Frons Mendocino in the North To Santa Barb. -z in the South. This ribbon of larnl Isar two d+atinet axe". The f•.rss is cluaeat to cite cet.ar and the eoolins inkla+ewer of .he Pacific, it encompasses such appellations as Mendot:iao. Russian River, Cameros. Monterey and San= Barbara. TLc varietals that thrive in these areas are Chardonnay. Pinot Noir and ZioFanrlel. The second is more tcyperate but .till within the cooling effect of the Pathic. it encompasses Napa Valley, parts of Sonoma gad bake counties. The varietals that do well here incline Cahernet Sauvieafla-.tl� - �` premium prices. in contrazt. grapoa 6. Ww ..a ..... ..... tVVI... -An not benekir from the PaeiGe