ATTACHMENT A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DETERMINING AND DECLARING THAT A TEMPORARY APPOINTMENT TO
FILL A VACANCY ON THE DOWNEY CITY COUNCIL FOR ELECTORAL DISTRICT 1 IS ESSENTIAL TO PROPERLY CONDUCT CITY BUSINESS PURSUANT TO DOWNEY CITY CHARTER SECTION 503(E) PENDING THE NOVEMBER 7, 2023 SPECIAL MUNICIPAL ELECTION TO FILL THE
VACANCY FOR THE REMAINDER OF THE TERM
WHEREAS, on November 3, 2020, Blanca Pacheco was elected to the City Council of the City of Downey to represent Council Electoral District 1, with a scheduled four-year term running from November, 2020 through November, 2024; and
WHEREAS, on December 4, 2022, Councilmember Pacheco submitted her letter of resignation to the City Clerk resulting in the District 1 Council seat becoming vacant; and WHEREAS, pursuant to City Charter Section 503(a): “If such vacancy occurs one year or more before the next general municipal election, the City Council shall immediately cause a special municipal election to be held to elect an eligible successor to serve during the term of such vacant office”; and
WHEREAS, pursuant to City Charter Section 503(a) and California Government Code Section 36512, the City Council, on December 8, 2022, adopted Resolution No. 22-8126, calling and ordering that a Special Municipal Election be held in Electoral District 1 of the City of Downey, California, on Tuesday, November 7, 2023, for the purpose of the election of a Councilmember for the remainder of the term of office in which the vacancy was created by the resignation of Councilmember Blanca Pacheco which ends November, 2024; and WHEREAS, Downey City Charter, Section 503(e) provides: “In any case where the City Council is required to cause a special election to be held to fill a vacancy in any office, it may temporarily appoint an eligible person to fill said vacancy until an elected successor's term commences following said special election, if the City Council first determines and declares by resolution that such temporary appointment is essential to the proper conduct of city business”; and
WHEREAS, on December 8, 2022, the City Council directed that the City initiate the application process to consider an eligible resident to temporarily fill the District 1 Council seat until the seat is filled for the remainder of the term by the Special Municipal Election to be held on November 7, 2023; and
WHEREAS, pursuant to Downey City Charter, Section 504(g), the City solicited applications from eligible residents in District 1; said applications were reviewed by the City Council; and eligible candidates were interviewed by the City Council at duly noticed public hearing; and
WHEREAS, at the Special meeting of January 24, 2023, the Downey City Council will consider appointing a candidate to temporarily serve as the Councilmember representing District 1 until the seat is filled for the remainder of the term by the Special Municipal Election to be held on November 7, 2023.
ATTACHMENT B
RESOLUTION NO. 23-
PAGE 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and shall be the findings of the City of Downey City Council.
SECTION 2. Pursuant to Downey City Charter Section 503(e), the City Council hereby finds that leaving the Council District 1 seat vacant for nearly one year until filled by the November 7, 2023 Special Municipal Election will result in an even number of Councilmembers (four) over a very long period of time, increasing the potential for unresolved tie votes that could seriously impede the decision making of the Downey City Council and, therefore, appointing an eligible person to fill the Council District 1 seat on a temporary basis pending the November 7, 2023 Special Municipal Election is essential to the proper conduct of City business; and SECTION 3. The person temporarily appointed shall be sworn-in on January 26, 2023 by the City Council, and shall serve on the City Council until a successor is elected by District 1 voters at the November 7, 2023 Special Municipal Election to serve on the Downey City Council for the remainder of the term ending with the November 5, 2024 General Municipal Election.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 24th day of January, 2023.
________________________________
CLAUDIA M. FROMETA, Mayor
ATTEST:
______________________________________
MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Special Meeting held on the 24th day of January, 2023, by the following vote, to wit:
AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member:
________________________
MARIA ALICIA DUARTE, CMC
City Clerk