AMENDED
ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DOWNEY AMENDING DOWNEY MUNICIPAL CODE SECTION
2103 REGARDING BY-DISTRICT ELECTIONS, ADJUSTING
THE BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS
AND CONFIRMING SUCH REVISED COUNCIL DISTRICT
BOUNDARIES, AS REFLECTED IN THE ATTACHED MAP
WHEREAS, for many years, the City of Downey has been governed by a five-member legislative body, with one member elected at-large and the four members of the City Council elected by geographical election districts; and
WHEREAS, Downey City Charter Section 1306 provides that the boundaries of the four election districts may, by City Council ordinance, be adjusted from time to time as required by law and with each subsequent decennial census; and
WHEREAS, the United States Census Bureau is required by Article I, Section 2, of the United States Constitution to conduct an accurate count of the population every ten years; and
WHEREAS, California Elections Code § 21621 requires that following each decennial federal census, and using that census as a basis, the Council shall adjust the boundaries of any or all of the Council election districts of the City so that the districts shall be substantially equal in population as required by the United States Constitution, California Constitution, and the Federal Voting Rights Act. In establishing the boundaries of the districts, the Council must give consideration to the following factors in the following priority: (a) contiguity of districts, (b) respecting communities of interest, (c) drawing easily identifiable districts through use of natural or artificial boundaries and (d) compactness of territory in districts; and
WHEREAS, California Elections Code § 21622 requires that the Council adopt an ordinance amending Council districts no later than April 17, 2022; and
WHEREAS, on September 27, 2021 the Census Bureau sent 2020 Census data to the State of California with an official population estimate of 114,713 residents for the City of Downey; and
WHEREAS, the City Council held four public hearings on October 12, 2021, January 25, 2022, February 8, 2022 and March 8, 2022, where the Council received briefings from the City’s demographic consultant relating to the redistricting process and state and federal redistricting criteria, including the California Elections Code, the Federal Voting Rights Act and the United States Constitution, heard public testimony, and directed staff and the City's demographic consultant to prepare draft Council district maps for consideration; and
WHEREAS, in addition, City staff conducted public outreach by way of print and digital advertisements. During the public hearings, public comment was received on redistricting criteria and communities of interest; and
WHEREAS, at the January 25, 2022, February 8, 2022 and March 8, 2022 public hearings, the Council received and reviewed a total of one (1) draft map prepared by the City's demographic consultant for compliance with applicable laws and standards and reviewed additional maps submitted by the public; and
Ordinance No.
WHEREAS, at the February 8, 2022 public hearing, the City Council agreed on Map Option A, designating it as the preferred map and directed that it be introduced and adopted by Ordinance; and
WHEREAS, at each of the public hearings on redistricting, the Council heard testimony relating to “communities of interest,” which led the Council to reach the following determinations about communities of interest on the preferred map, as required under federal and state law:
(1) The election districts are geographically contiguous. The districts are arrayed in a simple and logical form without any islands and with minimal intrusions from the area of one district into another;
(2) To the extent practicable, the preferred map respects the geographic integrity of local neighborhoods and local communities of interest. The Council heard testimony about what constitutes communities of interest in the public’s view.
(3) The election districts are easily identifiable and understandable by residents. The districts in the preferred map form a relatively simple pattern.
(4) To the extent practicable, the election districts are geographically compact. Their configurations for the most part are compact, simple shapes, with nearby populations included in the same districts.
(5) The election districts are balanced in terms of total population and voting age population. The districts are well within the one-person/one-vote deviations permitted under federal and state voting rights laws.
(6) The election districts conform to concentration of minority voters. The selected map has Latino majorities of Citizens of Voting Age Population in all four voting districts.
(7) The election districts have equal total population counts with a deviation between the smallest and largest of only 3.84 percent, well below the 10 percent range considered "presumably constitutional" under the United States Constitution and federal court precedents.
WHEREAS, all information in the staff reports, maps, presentations, Council debate and public testimony referenced above is hereby incorporated into this decision and serves as evidentiary basis for these findings and legislative decision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. This Ordinance is adopted following four noticed City Council public hearings as required by the FAIR MAPS Act - California Elections Code § 21627.1.
SECTION 2. Section 2103 of Chapter 1 (City Council) of Article II (Administration) of the Downey Municipal Code is hereby amended as provided in attached Exhibit A.
SECTION 3. City Council elections shall continue to be conducted "by districts" in four districts as set forth in Exhibit A, with the fifth district elected at-large.
Ordinance No.
SECTION 4. The City Manager is directed to take all necessary steps to give effect to this Ordinance. If necessary to facilitate the implementation of this Ordinance, the City Manager or his or her designee is authorized to make technical adjustments to the election 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 Manager shall consult with the 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. The City Clerk is hereby directed to provide a certified copy of this Ordinance to the Los Angeles County Registrar of Voters for use in subsequent Downey City Council Elections.
SECTION 6. This activity is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) §§ 15061(b)(3), 15320, and 15378(b)(3). The redistricting process 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. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) In the event the transition process does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, § 15320.) None of the exceptions to the exemptions found in State CEQA Guidelines § 15300.2 apply.
SECTION 7. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, 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 hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 8. All ordinances and resolutions, or parts thereof in conflict with this Ordinance are hereby repealed. The City Council may, from time to time, by ordinance, adjust the boundaries of Districts 1 through 4, as required by law or as desirable in order to create electoral districts as nearly equal in population as possible according to the latest Federal decennial census to assure continued fair representation within the City of Downey.
SECTION 9. This Ordinance shall become effective thirty (30) days from its adoption.
SECTION 10. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Downey, pursuant to all legal requirements.
APPROVED, AND ADOPTED this ____ day of _______, 2022.
BLANCA PACHECO, Mayor
Ordinance No.
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Ordinance was adopted by the City Council of the City of Downey at a Regular Meeting held on the ____ day of _____, 2022, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
MARIA ALICIA DUARTE, CMC
City Clerk
Ordinance No.
Exhibit “A”
Text Amendment to Downey Municipal Code Section 2103
“SECTION 2103. COUNCIL MEMBERS: ELECTION BY DISTRICTS.
1. Council Members shall be elected by districts pursuant to the provisions of Sections 34870 and following of the Government Code of the State. There shall be five (5) Council districts, as shown in Exhibit 1 and on file in the office of the City Clerk of the City of Downey and as described as follows:
(a) Council District Number One. All of the territory within the following described boundaries: beginning at the intersection of the centerlines of Brookshire Avenue and Cleta Street, easterly along the centerline of Cleta Street to the centerline of Lakewood Boulevard, northerly to the centerline of the Southern Pacific Railroad right-of-way, easterly to the eastern City boundary, southerly along said boundary to the southern City boundary, westerly along said boundary through its various courses including along Foster Road, Lakewood Blvd., Century Ave., and Grant Ave. to the centerline of Gardendale Street, easterly to the centerline of Brookshire Avenue, northerly to the centerline of Cleta Street, the point of beginning. Excluding all unincorporated areas within this District boundary.
(b) Council District Number Two. All of the territory within the following boundaries:
beginning at the intersection of the centerlines of Old River School Road and the Southern Pacific Railroad right-of-way, easterly along the centerline of the Southern Pacific Railroad to the centerline of Downey Avenue, southerly to the centerline of Cleta Street, easterly to the centerline of Brookshire Avenue, southerly to the centerline of Gardendale Street, westerly to the westerly City boundary, northerly along said boundary through its various courses to the centerline of Stewart & Gray Road, easterly to the centerline of Old River School Road, northerly to the centerline of the Southern Pacific Railroad right-of-way, the point of beginning. Excluding all unincorporated areas within this District boundary.
(c) Council District Number Three. All of the territory within the following described boundaries: beginning at the intersection of the northern City boundary and the western City boundary, easterly along the northern City boundary to the centerline of Paramount Blvd., southerly to the right-of-way line of the Interstate 5 Freeway, easterly to the extension of the centerline of Brock Avenue, southerly to the centerline of Santa Gertrudes Drive, easterly to the centerline of Orizaba Avenue, southerly to the centerline of Gallatin Road, easterly to the centerline of Downey Avenue, southerly to the centerline of the Southern Pacific Railroad right-of-way, westerly to the
Ordinance No.
centerline of Old River School Road, southerly to the centerline of Stewart & Gray Road, westerly to the western City boundary, northerly along said City boundary through its various courses to the northern City boundary, the point of beginning. Excluding all unincorporated areas within this District boundary.
(d) Council District Number Four. All the territory within the following described boundaries: beginning at the intersection of the northern City boundary and the centerline of Paramount Blvd., easterly along said boundary to the eastern City boundary, southerly along said boundary line through its various courses to the centerline of the Southern Pacific Railroad right-of-way, westerly to the centerline of Lakewood Boulevard, southerly to the centerline of Cleta St., westerly to the centerline of Downey Avenue, northerly to the centerline of Gallatin Road, westerly to the centerline of Orizaba Avenue, northerly to the centerline of Santa Gertrudes Drive, westerly to the centerline of Brock Avenue, northerly along Brock Ave and its extension to the southerly right-of-way line of the Interstate 5 Freeway, westerly to the centerline of Paramount Blvd., northerly to the northerly City boundary, the point of beginning. Excluding all unincorporated areas within this District boundary.
(e) Council District Number Five. All that territory lying within the entire geographical area of the City, excluding all unincorporated areas within this District boundary.
2. All calls to a roadway or drainage device shall be to the centerline unless otherwise noted.
3. All future general municipal elections for City Councilmembers shall be conducted by the four electoral districts (Districts 1 through 4) as those Districts are described in the map which is set forth in this chapter and which are more particularly described above.
4. The City Council may, from time to time, by ordinance, adjust the boundaries of Districts 1 through 4, as required by law or as desirable in order to create electoral districts as nearly equal in population as possible according to the latest Federal decennial census to assure continued fair representation within the City of Downey.
5. Notwithstanding any other provision of this Section, and pursuant to California Elections Code §21606 (a) and (b), each of the Council Members currently in office at the time this Ordinance takes effect shall continue in office until the expiration of the term to which he or she was regularly elected or appointed. Any vacancy in or recall election for a Council term currently in effect shall be filled based on the Council districts in effect at the time the current Council term was last regularly elected.”
5 605
105 Stoakes AveLubec St
7th St
Rio Flora Pl
Erickson AveQuill Dr
Bellflower BlvdStewart and Gray Rd
Birchdale AveCleta St
Foster RdDowney AveE Imperial HwyLakewood BlvdParamount BlvdWoodruff AveAdoree StRives AveBrookshire AveWashburn Rd Suva St
Gallatin Rd
Florence Ave Orizaba AveParam ount Blvd2
1 3
4 �2021 CALIPER
EXHIBIT 1
Map of Future City of Downey Electoral Districts
Ordinance No.
Downey Draft A
District 1
Total Pop 29,126
Deviation from ideal 448
% Deviation 1.56%
% Hisp 76.1%
% NH White 10%
% NH Black 5%
% Asian-American 6%
Total 17,543
% Hisp 73%
% NH White 15%
% NH Black 4%
% Asian/Pac.Isl.7%
Total 14,902
% Latino est.73%
% Spanish-Surnamed 66%
% Asian-Surnamed 2%
% Filipino-Surnamed 2%
% NH White est.23%
% NH Black 6%
Total 10,477
% Latino est.73%
% Spanish-Surnamed 66%
% Asian-Surnamed 2%
% Filipino-Surnamed 2%
% NH White est.23%
% NH Black 5%
Total 6,428
% Latino est.71%
% Spanish-Surnamed 65%
% Asian-Surnamed 2%
% Filipino-Surnamed 2%
% NH White est.24%
% NH Black est.5%
ACS Pop. Est.Total 27,642
age0-19 26%
age20-60 59%
age60plus 14%
immigrants 32%
naturalized 56%
english 32%
spanish 61%
asian-lang 4%
other lang 3%
Language Fluency Speaks Eng. "Less than Very Well"19%
hs-grad 47%
bachelor 14%
graduatedegree 6%
Child in Household child-under18 39%
Pct of Pop. Age 16+employed 66%
income 0-25k 12%
income 25-50k 21%
income 50-75k 21%
income 75-200k 41%
income 200k-plus 4%
single family 57%
multi-family 43%
rented 58%
owned 42%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 28,144
-534
-1.86%
76%
12%
4%
6%
18,326
69%
18%
5%
8%
16,142
70%
63%
3%
2%
25%
6%
11,969
70%
63%
3%
2%
25%
6%
7,668
66%
61%
3%
2%
28%
5%
28,453
27%
56%
17%
33%
62%
30%
63%
5%
3%
22%
52%
15%
6%
41%
65%
12%
22%
19%
41%
6%
67%
33%
50%
50%
3 28,197
-481
-1.68%
77%
13%
2%
7%
17,059
70%
20%
3%
6%
16,019
71%
64%
4%
2%
27%
3%
12,066
70%
64%
4%
2%
27%
2%
7,731
69%
63%
3%
2%
29%
2%
27,505
27%
53%
20%
32%
63%
30%
62%
5%
3%
21%
46%
19%
7%
43%
66%
12%
20%
15%
45%
8%
64%
36%
52%
48%
4 29,246
568
1.98%
72%
15%
3%
8%
18,998
66%
21%
3%
10%
17,532
67%
61%
5%
1%
30%
2%
13,378
67%
61%
5%
1%
30%
2%
8,710
65%
60%
3%
1%
33%
2%
28,691
25%
56%
19%
34%
62%
33%
56%
7%
4%
20%
48%
17%
9%
40%
66%
9%
17%
16%
46%
12%
68%
32%
41%
59%
Total
114,713
1,102
3.84%
75%
13%
4%
7%
71,927
69%
19%
4%
8%
64,595
70%
64%
3%
2%
26%
4%
47,890
70%
63%
3%
2%
27%
4%
30,537
68%
62%
3%
2%
29%
4%
112,291
26%
56%
18%
33%
61%
31%
61%
5%
3%
21%
48%
16%
7%
41%
66%
11%
20%
18%
43%
8%
64%
36%
50%
50%
11/18/2021 12:20 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Ordinance No.