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HomeMy WebLinkAboutAgenda Report - April 20, 2022 H-01 ERCITY OF alp •10 r It o i CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM H4 AGENDA TITLE: Adopt Ordinance No. 1996 Entitled, "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" MEETING DATE PREPARED BY: April 20, 2022 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1996. BACKGROUND INFORMATION: Ordinance No. 1996 entitled, "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," was introduced at the regular City Council meeting of April 6, 2022. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. Olivia Nashed City Clerk Attachment Signature: SaMh lrvc<r,fn . r•r{Apr 17. 7.C.�7 F I -'r PDT! Email: sschwabauer@lodi.gov APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager ORDINANCE 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. Way r Pearwood Cir 0 eritage Oak Way Sweetwood Dr L tL7 n 0 �} ::3nm Z3 ❑ rD Elm S I- 0 -c Jerry 1- 00-01 -< W Pine °ISO Capell Dr W argent RdQ� Jackson 2021 City Council Districts Le Exec Ct Greenwood DI 9041 rao�t g�,�e 0r o Rio �rst�� � O ,� Turner Rd ' St St Cabrillo Cir Corbin Ln r E Ttrrirner Lake � Home Dr Eureka live Louie Ave Donner Rd Dr el Centro ❑r 2 j) n �' Forrest Ave FF � ro � {1 Es Dr c �: ° — HRIIy p�Dt i5[ Ave U Q 4J Maple Mack Diamond Way II CL W Lorkeford St 4' "' ❑ A nj C m _3r N AtI ! tt�,��n E LocUst St C Q LA Q G�S�O `-° � �` @ Ute m E Elrn sl' U M n d� Il fE) �e c n a W Oak St 1) E Oak St E Pine 5t can v Hemlock Drldiewiid ten` n N < 0 fD to Walnut 5t E Lodi Ave_ 0-. .rt c Hilborn St U Wyndham Way � � (DFlora St C Thur,, ar a� a �' > M Cabrillo Cir Corbin Ln ul 3 Q SI.uria Si Ln Wt" 4 an Rd Eden. St c M� D� Ln Poplar St > O Keagle Way n n c _ 4- a cn c Industrial Wa St rm Y FF � ro � _ ¢ �' ° — n U Q 4J Maple D x ay — ro Dr 3� a W @ Vfne 5h to Dr � L-Layland x o 0 M D o � E dine St O ar a� a �' > M rt � �^ u U) u Watson St ❑ °1 M to ru Mission St a o 0 m C O Park St Q J �' U) c M� D� Ln Poplar St > --; 0 o ro 3 v Tlencl a Dr v 2. -. Alicante DI- ry ]� to n n to to rr FF � ro � ❑ `a - �� 1 [o a Rimby Ave Ln =rT) o Lowe St 0 �, Q y 0i +y j a? Q ro r° D x ay — ro Dr 3� a �' a � L-Layland x o 0 M D o � _3r N AtI ! tt�,��n �' 1_ambert Ct' 3 , ca E a r `-° � �` u �, Adobe Ct 71 W U °o a n d� -4; 'W Swain Dr o s� Cimmaron Dr can v Hemlock Drldiewiid o v Mammotli Way () c Dr Perlegos Way Wyndham Way � � 0 Culbertson Dr ° Olson Dr W Barney Ln zE Harney Ln �p�1 n I S�y r Map layers Adopted Yellow National Demographics Corporation Adopted April 6, 2022 - ---- Railroad Streets ©2021 CALIPER SUBJECT: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1996 THROUGH 2000 PUBLISH DATE: SATURDAY, APRIL 23, 2022 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: PAMELA M, FARRIS, ASSISTANT CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, APRIL 21, 2022 ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK SEND PROOF OF ADVERTISEMENT. THANK YOU!! Emailed to the Sentinel atlegals@lodinews.com at 7! 0l3 [time) on ate) \\cvcfi1v0I\administration$\Administration\CLERK\OrdSummaries\Adv ins, doc CITY OF LODI ORDINANCE 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. The purpose of this ordinance is to revise the City Council election districts and boundaries based on the final 2020 census data and in conformance with the federal Voting Right Act, California Constitution, and Fair Maps Act, as shown on the map below. The map is also available for viewing at https:/lca- lodi.civicplus.comlDocumentCeiiter/View/5042/Yellow or at the City Clerk's Office at 221 West Pine Street, Lodi. Introduced April 6, 2022. Adopted April 20, 2022, and effective May 21, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. City of Lodi Redistricting 2021 Yellow Map 2• � I F { 4 I 'I Map layers I Yellow �y Census Block Railroad .-. Sired, L A,, lfllAlk Poilll Wal -Area ORDINANCE NO. 1997 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 13). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No. 2007-1 (Public Services) as Annexation No. 13. Introduced April 6, 2022. Adopted April 20, 2022, and effective May 21, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 1998 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.60, "POWERS AND DUTIES GENERALLY," AND AMENDING LODI MUNICIPAL CODE CHAPTER 3.20, "PURCHASING SYSTEM," BY REPEALING AND REENACTING SECTION 3.20.045, "STATE AND LOCAL AGENCY CONTRACTS," SECTION 3.20.070, "BIDDING," SECTION 3.20.080, "PURCHASE ORDERS," SECTION 3.20.100, "FORMAL CONTRACT PROCEDURE," AND SECTION 3.20.110, "OPEN MARKET PROCEDURE". The purpose of this ordinance is to increase purchasing authority for the City Manager and City of Lodi Department Heads and to increase the informal bidding threshold for supplies and services to provide efficiencies in purchasing. Introduced April 6, 2022. Adopted April 20, 2022, and effective May 21, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 1999 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 9 — PUBLIC PEACE, MORALS AND WELFARE — CHAPTER 9.18, "VENDING ON STREETS, SIDEWALKS AND PRIVATE PROPERTY," BY REPEALING AND REENACTING SECTION 9.18.045, "PERMIT CAPS," TO REPLACE STATIC CAPS ON MOTORIZED FOOD PREPARATION UNITS AND PRODUCE/SEAFOOD TRUCKS WITH VARIABLE CAPS BASED ON THE POPULATION OF LODI. The purpose of this ordinance is to replace the flat cap on the number of food truck permits with a cap based on the population of Lodi. Introduced April 20, 2022. Adoption to be considered May 4, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 2000 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 2.14, "CITY ATTORNEY," BY REPEALING AND REENACTING SECTION 2.14.10, "CITY ATTORNEY," AND ADOPT RESOLUTION RESCENDING RESOLUTION NO. 2011-134 AND AUTHORIZING SPECIFIED POSITIONS MONETARY SETTLEMENT AUTHORITY RELATING TO GENERAL LIABILITY CLAIMS. The purpose of this ordinance is to increase the City Attorney's purchasing authority for legal or related services and to increase settlement authority limits for the City Manager, City Attorney, and Risk Manager to allow for more efficient and cost-effective operations. Introduced April 20, 2022. Adoption to be considered May 4, 2022, AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES' None; ABSENT: None. Olivia Nashed, City Clerk City of Lodi April 20, 2022 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE 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 On Thursday, April 21, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1996 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 21, 2022, at Lodi, California. f Pamela M. Farris Assistant City Clerk ordsummaries\aaDecPost doc ORDERED BY: OLIVIA NASHED CITY CLERK Kaylee Clayton Administrative Clerk ORDINANCE 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 Approved as to Form: JANICE D. MAGDICH City Attorney City of Lodi Redistricting 2021 City Council Districts I_e i3ec C:t Ingiewood-Dr Stratford Lnilet:s trt Greer woad Dr 9�Q� far' Q,. o Rio Cumbria Wayr~ Pea ood Cir,� Turner Rei D a L) rtrnrner erita� e Oak Way Lake Horne Dr Eureka Ave FZ[f J y �' �n'mz m Loule Ave Donner Dr el.Cc�ntro Sweetwood Dr n � �V'r- L Dr' Forrest Avo �7 � w Cstr�Iita Dr � o 0 °fl a dolly pf. �5 Int Ave L Buck t )ianland Way 4 z) DB G) 0 a n � = ; a� i�� ( N V�1 1_a-kefor-d St m y c 0 tr fY 1. l..O� ust St a - 1 �� mora Elm St m 4cn ui ° '� X* 1_n cu I �' 1 Ei11'r 5t can 0 o�C OL WJerry ,L_ q �c3r 4 1< W Pine St Uc'' 0,7,- �"; n%i �' °� E fine St o W Oak St �� E Dak 5t i Capel! Dr Dr �" � r Walnut St Jackson St � W Sargent Rd 0 „ M� �nz E Lodi Ave ' � 43ili�arn 5t 0°1� Cabrillo Cir cU m c Sturla St Flora St E Tllurmarl Rd 1 Corbin Ln- Keagle Way rt to —4-10 U] Erten St N•� Industrial ' 3; M n Wa `° U 0 M�Iple St 4, Vista Dr o, �' Wine St n G� U E Vine St , 11 -. Watton St o c 3 stn NiiSsrr]r1 St - c a Park St Ln ci x' Q o ; ro - rn ' * rn papiar• St > a _ c, �ienrla Or 0` Alicante Dr ,� i6 � 3 r, ra 3 n3 Lq Rirnby Ave (n _ m Lowe St ro >w Q @ z—� Layland. Or n rt c�3 a Or n L 7;�Op ❑ m �Zrt m 0 Lambert Ct 3 ro E� '� ;Adobe Ct % u a '� CL n - Cimrriaro Dr, Swain Dr o 4emiock 'D 99 ofMammotll Way Idlewild Dr way L Perlegos WayWyndllam Culbertson Dr rr Olson Dr W > Ln .�� E Harney Ln - CL n yo � � .N•r � fqS, Map layers National Demographics Corporation Adopted April G, 2022 ©2021 CALIPER Adopted Yellow - Railroad Streets SUBJECT: Please immediately confirm receipt of ° this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1995, 1996, 1997, AND 1998 PUBLISH DATE: SATURDAY, APRIL 9, 2022 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: PAMELA M. FARRIS, ASSISTANT CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, APRIL 7, 2022 ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OFADVERTtSEMENT. THANK YOU!! Emailed to the Sentinel at legals@lodinews.com at 7:37 (time) on7 {date) Uvefilv0l\administration$\Admin istration\CLERK\OrdSummaries\Adv ins. doe CITY OF LODI ORDINANCE NO. 1995 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 3 — REVENUE AND FINANCE — CHAPTER 3.20, "PURCHASING SYSTEM," BY REPEALING AND REENACTING SECTION 3.20.105, "PUBLIC WORKS PROJECTS," IN ITS ENTIRETY TO PROVIDE INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT. The purpose of this ordinance is to provide informal bidder procedures for Public Works projects that comply with the California Uniform Construction Cost Accounting Commission. Introduced March 16, 2022. Adopted April 6, 2022, and effective May 6, 2022. AYES: Hothi, Khan, Kuehne, and Nakanishi; NOES: None; ABSENT: Mayor Chandler. ORDINANCE 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. The purpose of this ordinance is to revise the City Council election districts and boundaries based on the final 2020 census data and in conformance with the federal Voting Right Act, California Constitution, and Fair Maps Act, as shown on the map below. The map is also available for viewing at https;//ca- iodi.civicplus.comlDocumentCenterNiew/5042/YeIlow or at the City Clerk's Office at 221 West Pine Street, Lodi. Introduced April 6, 2022. Adoption to be considered April 20 2022. AYES: Hothi, Khan, Kuehne, and Nakanishi; NOES: None; ABSENT: Mayor Chandler. City of Lodi Iter istricting 2021 Yellow Map f I Irr; �� •� r,�t, ; ,I+ � l w + 11 u•quc- —!� .zf. - S' %;til — _ L wr7vW.mH!�:�t .S a: I -'I`�,.s.-ra�r`L '�i"i-k"�,•, -I Y I . I jI ❑ 11 1 + !V ia�" �-�} i.+x 'ai tr�'�s •i [PPP^ .i.i.� _ U. T.S.. I;1- Map layers F I HI!!:�'�i:•il '(aIlow Gnu1 • 1• CanGUauc 91otk ";�-J1G•..I�k� — I � .r.�r[.n � Rallroed . �1�rt.+�41'1 •"" L"+ If4i _ r' ,n SImats M Landmark Pelnl 0' •� Walar Ara. ORDINANCE NO. 1997 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 13). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No. 2007-1 (Public Services) as Annexation No. 13. Introduced April 6, 2022. Adoption to be considered April 20 2022, AYES: Hothi, Khan, Kuehne, and Nakanishi; NOES: None; ABSENT: Mayor Chandler. ORDINANCE NO. 1998 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.60, "POWERS AND DUTIES GENERALLY," AND AMENDING LODI MUNICIPAL CODE CHAPTER 3.20, "PURCHASING SYSTEM," BY REPEALING AND REENACTING SECTION 3.20.045, "STATE AND LOCAL AGENCY CONTRACTS," SECTION 3.20.070, "BIDDING," SECTION 3.20.080, "PURCHASE ORDERS," SECTION 3.20.100, "FORMAL CONTRACT PROCEDURE," AND SECTION 3.20.110, "OPEN MARKET PROCEDURE". The purpose of this ordinance is to increase purchasing authority for the City Manager and City of Lodi Department Heads and to increase the informal bidding threshold for supplies and services to provide efficiencies in purchasing. Introduced April 6, 2022. Adoption to be considered April 20 2022. AYES: Hothi, Khan, Kuehne, and Nakanishi; NOES: None; ABSENT: Mayor Chandler. Pamela M. Farris, Assistant City Clerk City of Lodi April 6, 2022 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING 4 n5 ORDINANCE 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 On Thursday, April 7, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1996 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 7, 2022, at Lodi, California. ,Q:2��yn Pamela M. Farris Assistant City Clerk ords ummaries\aaDecPost. doc ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK Kaylee Clayton Administrative Clerk ORDINANCE 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 — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — 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 Approved as to Form: JANICE D. MAGDICH City Attorney