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: MAY 13, 2025
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE 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
EXECUTIVE SUMMARY
The City Council will consider adopting an Ordinance amending Downey Municipal Code Section 2103 ("Council Members: Elections by District") to establish a five -district election system based on new district boundaries selected by the Council at its April 22, 2025 meeting. If the Ordinance is adopted, these new boundaries will take effect in the November 2026 municipal elections.
RECOMMENDATION
That the City Council:
Adopt Ordinance No. 25-1525, 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.
The City of Downey currently elects its five -member City Council through a hybrid election system combining four individual districts and one at -large district. For each of the individual districts (1 through 4), each city 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.
On November 12, 2024, in response to an allegation that the City's hybrid election system violated the California Voting Rights Act (CVRA) because it contained an at -large voting
SECOND READING AND ADOPTION OF ORDINANCE 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
MAY 13, 2025
PAGE 2
district, 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 (a "4+1" system) by the November 2028 General Municipal Election.
Subsequently, the City Council held six public hearings to consider this transition. Over the first two, the Council voted to implement a five -district system instead of a 4+1 system.
Over the last four, the Council reviewed 22 draft district maps in compliance with state and federal law, and at the conclusion of the sixth public hearing on April 22, 2025, selected Map. No. 105 for adoption. The Council also introduced the proposed Ordinance establishing a five -district election system based on the new district boundaries depicted in Map. No. 105. Under the proposed Ordinance, the new boundaries will take effect in the November 2026 elections.
DISCUSSION
The proposed Ordinance No. 25-1525, as introduced at the April 22, 2025 City Council meeting, is attached for reference (Attachment A). If adopted by the Council, the Ordinance will take effect 30 days after adoption. As provided in the Ordinance, the new boundaries will become effective in the November 2026 elections.
This type of ordinance is not required to be considered by voters at an election. Under state law, local legislative bodies are authorized to adopt an ordinance requiring members of the legislative body to be elected entirely by -district without voter approval, if the change in the method of election is being made in furtherance of the CVRA, as is the case here.
Throughout these proceedings, the City has maintained a detailed website updating the public about the City Council's actions. The City has also conducted social media outreach to ensure that the public has had ample opportunity to provide input into the process. If the Ordinance is adopted, the City will continue these efforts to ensure public awareness of the changes to the City's election system.
CITY COUNCIL PRIORITIES
Efficiency & Adaptability
Public Engagement
FISCAL IMPACT
While no additional costs are connected to the adoption of the proposed Ordinance, with the Council's decision to implement a five -district system, an expert demographer was retained to prepare the draft district maps. That cost was approximately $50,000, and will
SECOND READING AND ADOPTION OF ORDINANCE 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
MAY 13, 2025
PAGE 3
be taken from the elections account number 10-1135-0700. Additionally, the City could be responsible for attorney's fees and costs for a maximum amount of approximately $36,000.
ATTACHMENTS
Attachment A: Ordinance No. 25-1525
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
ATTACHMENT A
Ordinance No. 25-1525
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).
•] *:1: 1:1 :4:j:VAL0j Z4 §JAJ 10 FAjM;[$J OIL•
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
Ordinance No. 25-1525
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
Ordinance No. 25-1525
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 day of May, 2025.
HECTOR SOSA
Mayor
ATTEST:
Ordinance No. 25-1525
MARIA ALICIA DUARTE, CIVIC
City Clerk
JOHN M. FUNK
City Attorney
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 , 2025, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Members:
ABSENT:
Council Members:
ABSTAIN:
Council Members:
MARIA ALICIA DUARTE, CIVIC
City Clerk
Ordinance No. 25-1525
EXHIBIT A
City of Downey District Map
Downey 2025 Districting
UM33e3H=*
National Demographics Corporation, April 23, 2025
©2021 CALIPER
Green dashed lines are
the current Council
District boundaries.
Adopted 105 Numbered
District
1 2
3 4
5 Total
Total Pop
23,188
22,424
22,755
22,582
23,763
114,712
Deviation from ideal
246
-518
-187
-360
821
1,339
• Deviation
1.07%
-2.26%
-0.82%
-1.57 %
3.58%
5.84 %Hisp
76.8%
76%
76%
71%
76%
75%
%NH White
9%
13%
14%
16%
11%
13%
Total Pop
- --
..
.......
..
%NH Black
6%
3%
2%
3%
5%
4%
Asian -American
6%
6%
7%
8%
6%
7%
Total
14,259
; 14,797
15,132
15,123
15,519
74,830
%Hisp
74%
74%
71%
66%
71%
71%
Citizen Voting Age Pop
% NH White
13%
14%
17%
21 %
14%
16%
% NH Black
5%
4%
3%
2%
7%
4 .%Asian/Pac.ISI.
8% ....
7 9%
.....10%
.. 8%
8 Total
11,783
12,798
13,997
14,312
11,843
64,733
% Latino est.
74%
71%
72%
68%
72%
71%
%Spanish -Surnamed
67%
64%
64%
61%
65%
64%
Voter Registration
% Asian -Surnamed
2%
3%
4%
5%
3%
3 (Nov 2022)
... .....
_..
._..
.._
..
..
%Filipino -Surnamed
2%
2%
2%
1%
2%
2%
%NH White est.
17%
19%
20%
24%
17%
20%
.... % NH Black
4% ..
4%.
2%
2%
6%
3% -...
Total
3,813
4,696
5,524
5,862
4,032
23,927
% Latino est.
67%
63%
65%
62%
63%
64%
%Spanish -Surnamed
60%
57%
59%
55%
57%
57%
Voter
%Asian -Surnamed
3%
3%
4%
5%
3%
4%
(Nov2022)
(Nov 2)
.... ... ..
....
....
...
....
..
...
%Filipino -Surnamed
3%
2%
2%
1%
2%
2%
NH White est.
21 %
25%
26 %
30%
23%
26 %NH Black
5%
5%
3%
2%
8%
4%
Total
8,378
9,516
10,484
10,888
8,624
47,890
% Latino est.
73%
70%
70%
66%
71%
70%
%Spanish -Surnamed
66%
64%
63%
60%
65%
63%
Voter Turnout
% Asian -Surnamed
2%
3%
4%
5%
3%
3 (Nov 2020)
..
..
Filipino -Surnamed
3%
2%
2%
1%
2%
2%
• NH White est.
22 %
26%
29 %
31%
23%
27 % NH Black est.
6%
5%
2%
1%
6%
4 ACS Pop, Est,
Total
22,461
=. 22,224 !.
21,256
22,115
23,717 !.
111,773
age0-19
25%
25%
24%
24%
24%
24%
Age
age20-60
58%
56%
53%
53%
56%
55%
age60plus
17%
19%
23%
23%
20%
20 immigrants
32%
32%
31%
33%
31%
32%
Immigration
-
...
..
,_
....
..
naturalized
56%
64%
72%
66%
59%
63%
english
33%
30%
39%
38%
35%
35%
spanish
61 %
63%
53%
51 %
55%
57 Language spoken at home
-
--
-
asian-lang
4%
3%
5%
6%
7%
5%
other lang
2%
3%
3%
5%
2%
3 Language Fluency
Speaks Eng. "Less than Very Well"
25%
24%
22%
24%
29%
25%
hs-grad
55%
56%
56%
55%
57%
56%
Education
bachelor
16%
17%
21 %
17%
17%
18%
(among those age 25+)
...
...
..
..
..
graduatedegree
4%
8%
7%
13%
7%
8 Child in Household
child-under18
35%
38%
38%
37%
39%
38%
Pct of Pop. Age 16+
employed
64%
62%
62%
60%
62%
62%
income 0-25k
8%
10%
11%
7%
11%
9%
income25-50k
19%
16%
10%
13%
19%
16%
Household Income
income 50-75k
20%
16%
12 %
18%
18%
17 income75-200k
44%
48%
51%
40%
43%
45%
income 200k-plus
9%
11%
16%
23%
9%
13 single family
56%
67%
73%
81%
45%
64%
multi -family
44%
33%
27%
19%
55%
36%
Housing Stats
-
-
-
-
-
rented
62%
44%
38%
28%
70%
49 owned
38%
56%
62%
72%
30%
51 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 2019-2023 5-year
American Community
Survey
and Special Tabulation data.
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