Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MARIA ALICIA DUARTE, CMC, CITY CLERK
BY: JOHN M. FUNK, CITY ATTORNEY
DATE: JANUARY 28, 2025
SUBJECT: PUBLIC HEARING NO. 2 TO CONSIDER AND DISCUSS THE TRANSITION
TO EITHER A FIVE DISTRICT ELECTION SYSTEM OR A FOUR DISTRICT
ELECTION SYSTEM WITH AN AT-LARGE ELECTED MAYOR
EXECUTIVE SUMMARY
The City Council will conduct the second of at least four public hearings to consider and discuss the transition from the City’s current election system consisting of four individual districts and one at-large district to an election system consisting of either five individual districts or four districts plus an at-large Mayoral office, in furtherance of the California Voting Rights Act and pursuant to state law. At the first public hearing held on January 14, 2025, the City Council voted unanimously to implement a five-district system. At this second hearing, the Council may either affirm that decision or make a different one.
RECOMMENDATION
That the City Council:
1. Conduct the second public hearing to consider and discuss the transition to an election system consisting of either five individual districts or four districts plus an at-large Mayoral office, including any public input; and
2. Affirm the prior decision to implement a five-district system or provide alternative direction to City staff.
BACKGROUND
The City of Downey currently elects its five-member City Council through a mixed election system combining four individual districts and one at-large district. For each of the individual districts (1 through 4), each council candidate must reside in the district they represent and only voters within that district may vote for that district’s councilmember.
District 5, however, is an at-large district comprised of the entire City. This means that a council candidate for District 5 may reside anywhere in the City’s jurisdictional boundaries, and voters residing anywhere in the City may vote for that councilmember.
PUBLIC HEARING NO. 2 TO CONSIDER AND DISCUSS THE TRANSITION TO EITHER A FIVE
DISTRICT ELECTION SYSTEM OR A FOUR DISTRICT ELECTION SYSTEM WITH AN AT-LARGE
ELECTED MAYOR
JANUARY 28, 2025
PAGE 2
The City’s Mayor is not directly elected. Like many cities, the Mayor, as well as the Mayor Pro Tem, are selected annually by and among the members of the City Council to serve for a period of one year.
On October 3, 2024, on behalf of a potential plaintiff, the City received a letter from the law firm of Sarega Law, APC, alleging that the City’s election system violates the California Voting Rights Act (CVRA) because it contains an at-large voting district. The CVRA became law in 2003 and is intended to prevent the disenfranchisement of protected classes, meaning a class of voters who are members of a race, color, or language minority group. Under the CVRA, an at-large method of election may not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election.
The CVRA considers a method of election to be at-large when it combines at-large elections with district-based elections (like Downey’s). The CVRA does not mandate the abolition of all at-large election systems but makes the use of at-large election systems more susceptible to legal challenge. The most common legal remedy for an alleged CVRA violation is to change from an at-large system to a by-district election system, or in Downey’s case, to either an entirely five-district system or a four-district system with an at-large elected mayor, as authorized by state law.
On November 12, 2024, the City Council adopted Resolution No. 24-8277 declaring its intention to transition to either a five-district election system or a four-district election system with an at-large elected mayor (a “4+1” system) by the November 2028 General Municipal Election (Attachment A). Under state law, when a city adopts such a resolution, a CVRA plaintiff is barred from filing a lawsuit challenging the current election system for at least 90 days following the passage of the resolution in order to permit the consideration and adoption of an ordinance establishing either a five-district electoral system or a 4+1 system.
Tonight’s public hearing is the second of at least four required by California Elections Code Section 10010 prior to the adoption of such an ordinance. By agreement with counsel for the prospective plaintiff in any potential CVRA lawsuit, the deadline to adopt the ordinance has been extended for 90 additional days, or until May 12, 2025.
DISCUSSION
As noted above, the City Council has already declared its intention to transition to either a five-district election system or a 4+1 system. The next steps are as follows:
PUBLIC HEARING NO. 2 TO CONSIDER AND DISCUSS THE TRANSITION TO EITHER A FIVE
DISTRICT ELECTION SYSTEM OR A FOUR DISTRICT ELECTION SYSTEM WITH AN AT-LARGE
ELECTED MAYOR
JANUARY 28, 2025
PAGE 3
First Two Public Hearings: January 14 and January 28 (Tonight)
Before drawing a districting map, the City must hold at least two public hearings over a period of no more than 30 days, where the public may provide input regarding the districts’ composition. Typically, when a city adopts district-based elections, it must prepare and adopt a map outlining the new geographical boundaries of the electoral districts. These first two public hearings are intended for the City Council to solicit pre-map input from the public that would be considered in any draft maps prepared and presented to the Council and the public at later hearings.
Downey’s circumstances are unique, however. The City is already divided into four electoral districts, pursuant to a legally complaint redistricting map based upon the 2020 Census adopted by the City Council on April 12, 2022.
State law allows a city to comply with the CVRA either by adopting an entirely by-district electoral system or a “by district with an elective mayor” system without being required to submit the implementing ordinance to the voters for approval. Such an ordinance must include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the CVRA.
This means that two possibilities exist for compliance with the CVRA, both of which are reserved for consideration in the first two public hearings:
• Transition to a five-district electoral system. This would change District 5 from its current Citywide geography into a discrete portion of the City like current Districts 1 through 4.
• Transition to a 4+1 electoral system that retains Districts 1 through 4 with their current geography and changes the District 5 Council seat into an at-large permanent Mayoral seat.
At the first public hearing held on January 14, 2025, the City Council voted unanimously to implement a five-district system. At tonight’s hearing, the Council may either affirm that decision or make a different one.
Preparation of Maps (five-district option only)
With a five-district system, a demographic expert will be retained to prepare a proposed map or maps for consideration at the last two public hearings. The demographer will prepare draft maps with five districts that are nearly equal in total population, using the data from the most recent census (2020). The districts must be prepared in compliance with specific state and federal requirements, including consideration of contiguity, compactness, communities of interest, and natural geographic boundaries.
PUBLIC HEARING NO. 2 TO CONSIDER AND DISCUSS THE TRANSITION TO EITHER A FIVE
DISTRICT ELECTION SYSTEM OR A FOUR DISTRICT ELECTION SYSTEM WITH AN AT-LARGE
ELECTED MAYOR
JANUARY 28, 2025
PAGE 4
Timing and Sequence of Elections (five-district option only)
State law is clear that no change in the electoral method may shorten or affect the current term of an incumbent Councilmember, each of whom shall continue to serve for the duration of their term of office. This means that no term of any current council member may be shortened by any transition in the City’s election system.
With a five-district system, election timing and sequencing will need to be considered in the final two public hearings. Changing the City from four to five districts may result in significant geographical changes to the existing districts. The change to five districts would take place in the November 2026 elections.
With a 4+1 system, the new at-large Mayoral office would commence upon the expiration of the current District 5 term in November 2028. The timing of elections for District 1 through 4 would remain unaffected. The Council would also need to set the Mayoral term at two or four years.
Final Two Public Hearings: February 11 and February 25 (both tentative)
In a five-district system, after the draft maps have been prepared, the maps will be published and made available to the public for comment and potential revision. The Council must then hold two additional public hearings over a period of no more than 45 days, during which the public will be invited to provide input regarding the draft maps and sequence of elections. These latter two public hearings are tentatively scheduled for February 11, 2025, and February 25, 2025, after which the Council could select a map and determine the timing and sequencing of future elections.
In the event the City Council decides upon a 4+1 system, the Council must still conduct these public hearings, even though no maps will have been prepared for the City by a demographer or will need to be approved.
After the fourth or later public hearing, depending on its decision, the Council would adopt an ordinance establishing either a five-district election system or a 4+1 election system with an at-large mayor. The current deadline to adopt such an ordinance is May 12, 2025.
As noted above, this type of ordinance is not required to be considered by voters at an election. Local legislative bodies are authorized to adopt an ordinance requiring members of the legislative body to be elected entirely by-district or by-district with an elected mayor, without voter approval, if the change in the method of election is being made in furtherance of the CVRA, as would be the case here.
PUBLIC HEARING NO. 2 TO CONSIDER AND DISCUSS THE TRANSITION TO EITHER A FIVE
DISTRICT ELECTION SYSTEM OR A FOUR DISTRICT ELECTION SYSTEM WITH AN AT-LARGE
ELECTED MAYOR
JANUARY 28, 2025
PAGE 5
Attorney’s Fees
As noted in the agenda memo accompanying the Resolution of Intention to Transition, within 30 days of the adoption of an ordinance establishing either one of the new election systems, a prospective plaintiff may request reimbursement for the cost of the work product generated to support the original notice of violation of the CVRA. This demand must be made in writing and substantiated with financial documentation. Counsel for the prospective plaintiff has already made a demand in the amount of $25,300 and has been advised that his request will be considered following the adoption of the ordinance, in accordance with California Elections Code Section 10010. Reimbursement is based on the financial documentation alone but also is capped under the law at an indexed $30,000, which as adjusted for inflation, currently amounts to approximately $36,000.
Counsel has not yet provided any documentation for evaluation but will be required to before any reimbursement is considered.
Public Engagement
To increase public awareness of the transition to either a five-district election system or a 4+1 election system, the City is using a variety of public communication channels to engage the community. Information is featured on the City’s website at www.downeyca.org and on social media. The public is also encouraged to provide input by e-mail to [email protected], or by hand-delivery or U.S. mail to the City Clerk’s office.
CITY COUNCIL PRIORITIES
Efficiency & Adaptability
Public Engagement
FISCAL IMPACT
If the Council decides upon a five-district system, an expert demographer will be needed to prepare the maps. That cost will be approximately $50,000. These costs would not be incurred if a 4+1 approach is elected.
In either event, the City could be responsible for attorney’s fees and costs for a maximum amount of approximately $36,000.
ATTACHMENTS
Attachment A: Resolution of Intention to Transition to Either a Five District Election System or a Four District Election System with an At-Large Mayor
RESOLUTION NO. 24-8277
(
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO TRANSITION TO EITHER A FIVE DISTRICT
ELECTION SYSTEM OR A FOUR DISTRICT ELECTION SYSTEM WITH AN AT- LARGE ELECTED MAYOR BY THE NOVEMBER 2028 GENERAL MUNICIPAL
ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION
10010(e)(3)(A)
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 Members of the City Council are elected in November of even-numbered years (November 2024, 2026, 2028 etc.); and
WHEREAS, the City presently has a “mixed” election system, whereby Districts 1 through 4 divide the City into geographical districts, each Council candidate must reside in the district he or she will represent, and only voters within a given district vote for that district’s Councilmember; District 5, however, is an “at large district” where a Council member/candidate for District 5 may reside anywhere within the City’s boundaries and is elected by the voters of the entire electorate to provide Citywide representation; and
WHEREAS, Downey does not currently have a directly elected Mayor but rather the City Council appoints the Mayor to serve annually; and
I 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, 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, the City Council desires to avoid the high costs and legal risks associated with a CVRA lawsuit; and
WHEREAS, the California Legislature adopted Elections Code section 10010 to limit the attorney’s fees that a prospective plaintiff may recover if a public agency adopts a resolution of intention to change its system of elections within 45 days of the receipt of a letter from that prospective plaintiff alleging a CVRA violation; and
WHEREAS, the City Council has determined that transition from its current “mixed” election system to either of the systems below would be in compliance with, and in furtherance of, the purposes of the CVRA:
(A) Transition to a five-district electoral system. This would change District 5 from its current Citywide geography into a discrete portion of the City like current Districts 1 through 4.
Resolution No. 24-8277
(B) Transition to a “4+1” electoral system that retains Districts 1 through 4 with their current geography and change the District 5 Council seat into an at-large Mayoral seat; and WHEREAS, the City Council desires to declare its intention to adopt an ordinance pursuant to Government Code section 34886 and Elections Code section 10010 transitioning from its current “mixed” election system to one of the two options above by the 2028 general municipal election, establish specific steps it will undertake to facilitate this transition, and establish an estimated timeframe for doing so
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION I. 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. Based upon the whole of the administrative record before it, the City Council hereby finds that this transition of election system 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)(3). Adoption of this Resolution 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 sections 15061(b)(3) and 15378(b)(5). In the event adoption of this Resolution does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. State CEQA Guidelines section 15320
SECTION 3. Intention to Transition to Alternate Election System. Prior to the November 2028 General Municipal Election, the City Council intends to adopt an ordinance, pursuant to Government Code section 34886, to transition its “mixed” election system for its City Council Members to either (i) a five district election system for Councilmembers or (ii) a four district election system for Councilmembers with an at-large elected Mayor.
SECTION 4. Instructions Related to Transition. Following the effective date of this Resolution, taking into consideration the time required for public outreach and input, and the timeframes established by the California Elections Code, the following actions shall be taken by the City and the City Council in accordance with Elections Code section 10010(a) A. Conduct public outreach, including to non-English-speaking communities, to explain the process and to encourage public participation; B. Before drawing a draft map or maps of the proposed district boundaries, hold at least two public hearings at which the public is invited to provide input regarding the composition of the districts and to consider district boundaries as provided in Elections Code Section 10010; C. After drawing a draft map or maps, publish the draft map(s) and the potential sequence of the district elections, and hold at least two public hearings at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections; and
D. Hold a public hearing at which the City Council will consider and adopt an ordinance establishing alternate elections as outlined above, including the adoption of a district boundary map and the sequence of the district elections, as necessary.
Resolution No. 24-8277
(
SECTION 5. If any provision or clause of this Resolution is held invalid, unconstitutional, or otherwise repealed by act of law, such invalidity shall not affect any other provisions or clauses of the same which can be given effect without the invalid provision, clause, or application. To this end, the provisions and clauses of this Resolution hereto are declared to be severable.
SECTION 6.This Resolution shall take effect immediately upon adoption SECTION 7. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 12#’ day of November, 2024.
\
MARIO TRUJILLO, Mayor
ATTEST:
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City Clerk
I APPROVED AS TO FORM:
City Attorney
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 12th day of November, 2024, by the following vote, to wit:
AYES: Council Members: Frometa, Ortiz, Pemberton, Sosa, Mayor Trujillo NOES: Council Members: None.
ABSENT: Council Members: None
ABSTAIN: Council Members: None
City Clerk