GOVERNMENT

CITY OF DOWNEY

ORDINANCE NO. 25-1525

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING DOWNEY MUNICIPAL CODE SECTION 2103 REGARDING ELECTION BY FIVE DISTRICTS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS, PURSUANT TO THE CALIFORNIA VOTING RIGHTS ACT

WHEREAS, the City Council of the City of Downey is an elected legislative and deliberative public body serving the citizens of the City of Downey, a California charter city; and

WHEREAS, the City presently has a “mixed” election system, whereby Districts 1 through 4 divide the City into geographical districts and District 5 is an “at-large district” providing Citywide representation on the City Council; and

WHEREAS, Downey does not currently have a directly elected Mayor but rather the City Council appoints the Mayor to serve annually; and

WHEREAS, in 2003, the California Voting Rights Act (“CVRA”) became law, and in an attempt to prevent the disenfranchisement of protected classes of persons, establishes a low bar for attorneys and other persons seeking to compel cities and other public entities to convert from at-large to by-district elections; and

WHEREAS, the CVRA considers a method of election to be at-large when it combines at-large elections with district-based elections (like Downey’s); and

WHEREAS, public agencies that have been sued under the CVRA have typically been forced to pay large sums to settle with plaintiffs’ attorneys; and

WHEREAS, on October 3, 2024, the City received a letter from the law firm of Sarega Law APC, alleging that the City’s current mixed election system contains an “at large” element in District 5 and therefore violates the CVRA, and demanding that the City change its election system; and

WHEREAS, to avoid the high costs and legal risks associated with a CVRA lawsuit, on November 12, 2024, the City Council adopted Resolution No. 24-8277 declaring its intention to transition to either a pure five-district election system or a four-district election system with an at-large elected mayor by the November 2028 General Municipal Election; and

WHEREAS, in accordance with California Elections Code Section 10010, the City Council held two “pre-map” public hearings on January 14, 2025 and January 28, 2025 to obtain public input regarding the proposed transition, including the boundaries of the districts, and over the course of these hearings, voted unanimously to implement a five-district system that would change District 5 from its current citywide geography into a discrete portion of the City like current Districts 1 through 4; and

WHEREAS, the City engaged an expert demographic firm to assist the City with the process of analyzing the City’s population, gathering input from residents, and preparing draft district maps for consideration by the City Council that are legally compliant with applicable state and federal guidelines; and

WHEREAS, in accordance with California Elections Code Section 10100, the City Council held four “post-map” public hearings on February 25, 2025, March 11, 2025, April 8, 2025, and April 22, 2025 to consider and review the draft district maps, including any maps or other input that were submitted by members of the public; and

WHEREAS, at the public hearing held on April 22, 2025, the City Council selected Map No. 105 for adoption and, based on that map, introduced this Ordinance for adoption; and

WHEREAS, California Government Code Section 34886 permits the City Council to adopt an ordinance requiring the members of the legislative body to be elected completely by district or by district with an elective mayor, without having to submit the ordinance to the voters for approval; and

WHEREAS, pursuant to California Government Code section 34886, it is declared that the purpose of the change in the method of electing members of the City Council of the City of Downey made by this Ordinance is to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution, as set forth in the California Voting Rights Act (Sections 14025 through 14032 of the California Elections Code).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 2. Section 2103 (Council Members: Election by Districts) of Article II (Administration) of the Downey Municipal Code is amended to read in its entirety as follows:

§ 2103. COUNCIL MEMBERS: ELECTION BY DISTRICTS.

(a) Pursuant to California Government Code Section 34886, commencing with the November 2026 General Municipal Election, members of the City Council of the City of Downey shall be elected by-district in five (5) single-member districts.

(1) Members of the City Council shall be elected in the electoral districts established by subdivision (b) of this Section and subsequently reapportioned as provided by State law. Elections shall take place “by-district” as that term is defined in California Government Code section 34871, meaning one Councilmember shall be elected from each district, by the voters of that district alone.

(2) A Councilmember elected or appointed to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued.

(3) Termination of residency in a district by a Councilmember shall create a vacancy for that City Council district unless a substitute residence within the district is immediately declared and established within thirty (30) days after the termination of residency.

(4) Notwithstanding any other provision of this Section, the Councilmembers elected at-large and in office at the time this Section takes effect shall continue in office until the expiration of the term to which he or she was elected. In the event a vacancy occurs before the expiration of the at-large elected term of a Councilmember in office at the time this Section takes effect, a person who is appointed or elected by special election to fill such vacancy may reside anywhere within the corporate boundaries of the City. A person appointed or elected to fill such a vacancy shall hold the office in accordance with State law.

(5) Notwithstanding any other provision of this Section, the Councilmembers elected from current Districts 1, 2, 3 or 4 and in office at the time this Section takes effect shall continue in office to serve those Districts until the expiration of the term to which he or she was elected. In the event a vacancy occurs in one of these offices before the expiration of the officer’s term, a person who is appointed or elected by special election to fill such vacancy must reside within the geographic boundaries of the specific District by which the officer was last elected. A person appointed or elected to fill such a vacancy shall hold the office in accordance with State law.

(b) Commencing with the November 2026 General Municipal Election, all five Councilmembers shall be elected on a “by-district” basis from the Council districts shown and numbered on the map titled “City of Downey District Map” attached as Exhibit A, a copy of which shall be on file in the City Clerk’s office. In 2026, and every four years thereafter, the following two City Council districts shall be elected by-district within the new district boundaries: District 2 and District 4. In 2028, and every four years thereafter, the following three City Council districts shall be elected by-district within the new district boundaries: District 1, District 3, and District 5.

(c) Pursuant to Elections Code Section 21601, as it may be amended from time to time, the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law.

SECTION 2. The City Clerk is directed to provide a certified copy of this Ordinance to the Los Angeles County Registrar of Voters for use in Downey City Council Elections.

SECTION 3. This Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15061(b)(3), 15320, and 15378(b)(5). Adoption of this Ordinance is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. CEQA Guidelines Sections 15061(b)(3) and 15378(b)(5). In the event adoption of this Ordinance does constitute a project, it is categorically exempt under the Class 20 (Changes in Organization of Local Agencies) categorical exemption. CEQA Guidelines Section 15320.

SECTION 4. 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 populations in the districts, the eligibility of candidates, or the residence of elected officials within any 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 5. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 6. This Ordinance shall become effective thirty (30) days from the date of its adoption.

SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.

APPROVED AND ADOPTED this 13th day of May, 2025.

I HEREBY CERTIFY that the foregoing Ordinance No. 25-1525 was introduced at a Regular Meeting of the City Council of the City of Downey held on the 22nd day of April, 2025, and adopted at a Regular meeting of the City Council of the City of Downey held on the 13th day of May, 2025, by the following vote, to wit:

AYES: Council Members: Frometa, Ortiz, Trujillo, Pemberton, Sosa

NOES: Council Members: None.

ABSENT: Council Members: None.

ABSTAIN: Council Members: None.

M. Alicia Duarte, CMC

City Clerk

The Downey Patriot

5/15/25