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HomeMy WebLinkAboutOrdinances - No. 1996 ERORDINANCE NO. 1996 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL AMENDING CHAPTER 1.12 — MUNICIPAL ELECTIONS — OF THE LODI MUNICIPAL CODE ADOPTING MAP DESIGNATING REVISED CITY COUNCIL ELECTION DISTRICTS AND BOUNDARIES BASED ON FINAL 2020 CENSUS DATA WHEREAS, on March 7, 2018, the City Council adopted Ordinance No. 1949, transitioning from at -large elections to by -district City Council member elections following the 2018 elections and incorporating by reference the district map, known then as Map 119d; and WHEREAS, following release of the decennial census data and by April 17, 2022, California Elections Code section 21600, et. Seq., requires the City Council review and adjust the boundaries of its districts, using the census data as a basis for any changes, to ensure continuing compliance with the federal Voting Right Act and California Constitution; and WHEREAS, in 2019, the California legislature adopted the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act (AB 849) significantly changing the criteria for mapping and adopting new redistricting criteria and deadlines compared to the rules when Lodi transitioned from at -large to district elections in 2018. In redrawing district boundaries, Council must comply with the following mandatory criteria in the creation of the final map: a. Population equality across districts. "[A]dopt boundaries for any or all of the council districts of the city so that the council districts shall be substantially equal in population...." (Elections Code §21601(a) and Government Code §34884.) b. Compliance with the U.S. Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. §10301, et seq.). C. Adopt district boundaries using the following criteria in the order presented: (i) To the extent practicable, council districts shall be geographically contiguous. (Elec. C. §21601(c)(1).) (ii) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A "community of interest" is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. (Elec. C. §21601(c)(2).) (iii) Council district boundaries should be easily identifiable and understandable by residents. (Elec. C. §21601(c)(3).) (iv) To the extent practicable, and where it does not conflict with the proceeding criteria(c)(i)-(iii) above, council districts should be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of or more distant populations. (Elec. C. §21601(c)(4).) d. Race cannot be a "predominant" factor or criteria when drawing districts. (Shaw v. Reno (1993) 509 US 630; Miller v. Johnson (1995) 515 US 900; and Cooper v. Harris (2017) 137 S.Ct. 1455. e. Compliance with the federal Voting Rights Act, which among other things, prohibits districts that dilute minority voting rights, and encourages a majority -minority district, if the minority group is sufficiently large, and such a district can be drawn without race being the predominant factor. (Bartlett v. Strickland (2009) 566 US 1.) WHEREAS, the Lodi City Council conducted four public hearings, as required, on July 21, 2021, to receive a report on the redistricting process and permissible criteria to be considered to redraw City Council election boundaries; August 18, 2021, to receive information on the permissible criteria to be considered to redraw City Council election district boundaries, instructions on defining neighborhood and communities of interest, and to receive public input; and March 2, 2022 and April 6, 2022 to consider the final 2020 Census data and receive public input regarding the redrawing of election district boundaries; and WHEREAS, two public workshops on the redistricting process and mapping were conducted on March 10, 2022 and March 18, 2022; and WHEREAS, pursuant to Elections Code Section 21608, the City provided language services in both English and Spanish, as provided by the Secretary of State, by offering qualifying materials and "live translation" (interpretation) services upon a request made at least 72 hours in advance of a hearing or workshop; and WHEREAS, public outreach efforts for all hearings and workshops were posted on the City's website and social media platforms; published in the local newspaper; and advertised on City buses in both English and Spanish; and WHEREAS, March 23, 2022, was designated as the final deadline to submit draft maps for Council consideration. At the final public hearing on April 6, 2022, the Lodi City Council considered three (3) maps and the accompanying demographic information that were submitted by the City's consultant, National Demographics Corporation, labeled "yellow" (identified by the City Council as its preferred map at the March 2, 2022, public hearing), "green", and "orange." Only one map was submitted by a member of the public, labeled "Public Map 501," which did not achieve a 50%+ majority Latino Citizen Voting Age Population district and, therefore, was not considered; and WHEREAS, at a regular meeting of the Lodi City Council held on April 6, 2022, the City Council held a final public hearing on the proposal to review and redraw district boundaries. Council reviewed additional public input and selected the voting district map labeled as "yellow", attached hereto and incorporated herein, which was introduced for the first reading at the same regular meeting of the City Council; and WHEREAS, at the regular meeting of the City Council held on April 20, 2022, the City Council conducted a second reading to adopt this Ordinance; and WHEREAS, the purpose of this Ordinance is to select a new map reflecting the 2020 Census data and compliant with the U.S. Constitution, federal Voting Right Act, the California Constitution, and California's Fair Maps Act for the election of members of the City Council of the City of Lodi by -district in five single -member districts, as reflected in Exhibit A attached to this Ordinance and incorporated herein. NOW, THEREFORE BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS Section 1. The foregoing recitals are true and correct. Section 2. The City of Lodi is divided into five (5) Council districts and the boundaries of the districts are more particularly depicted in the map attached hereto as Exhibit A and incorporated by this reference. Pursuant to Lodi Municipal Code section 1.12.070, the map of the City showing the current boundaries and districts (Exhibit A) shall be maintained by the City Clerk. No other changes are made to Lodi Municipal Code Chapter 1.12 — "Municipal Elections". Section 3. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the population in the district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrases of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 5. 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 6. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15060(c)(2) (activity will not result in a direct or reasonable foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378), and Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for causing a significant effect on the environment. Section 7. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 8. Effective Date. 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 on May 20, 2022. Approved this 20th date of April, 2022 MARK CHANDLER Mayor Attest: OLIVIA NASHED City Clerk State of California County of San Joaquin, ss I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1996 was introduced at a regular meeting of the City Council of the City of Lodi held April 6, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held April 20, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT- COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1996 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. OLIVIA NASHED City Clerk Appro d as to Form: JANICE D MAGDICH Ctty A ney City of Lodi Redistricting Inglewood Dr Stratford Ln Filers Ln Cunib ria. 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