Downey Municipal Code Ch. 1 City Council

There shall be two regular meetings of the City Council during each calendar month and such meetings shall be held on the second and fourth Tuesday of each month at the hour of 6:30 p.m., provided, however, that if the date of any such regular meeting falls on a holiday, said regular meeting shall be held at the hour of 6:30 p.m., on the next business day.

Only closed sessions and study sessions may be held between 5:30 p.m. and 6:30 p.m. unless a regular meeting is adjourned to or a special meeting called for that time. No closed session or study session will be held during that hour unless the posted agenda of that evening's regular meeting indicates that such session will take place; in the absence of such notification in the agenda, the regular meeting shall commence at the hour of 6:30 p.m.

(Amended by Ord. 141, adopted 3-8-60; Ord. 504, adopted 5-25-76; Ord. 1317, adopted 8-13-13; Ord. 22-1486, adopted 8-23-22)

The meeting place of the Council shall be 11111 Brookshire Avenue, Downey, California.

(Amended by Ord. 108, adopted 7-28-58; Ord. 757, adopted 6-26-84)

The City Council does hereby find, determine, and declare that each member of the City Council of the City of Downey of necessity incurs certain minimum expenses which are difficult to itemize and report, such as gasoline, depreciation, and other expenses of operating a personal automobile, telephone calls, stamps and stationery, additional meals away from home, minor entertainment expenses and other similar expenses incurred in connection with the duties as a member of the City Council; and that it is impractical, if not impossible, to account for these expenses each month.

(a) The City Council does further find and determine that the Mayor of necessity does incur additional expenses of the kind described above.

(b) That each member of the City Council be reimbursed for the expenses mentioned above at the close of each calendar month, and that in addition, each member of the City Council be reimbursed for any other and extraordinary expenses incurred by him or her in connection with his or her duty as a member of the City Council upon presentation to the City Council of an itemized statement therefor.

(c) The City Council does further declare and ordain that the reimbursement of certain minimum expenses incurred by the Mayor and each Council Member shall be automatically adjusted on August 1st of each year, equivalent to the percentage change in the Los Angeles-Long Beach-Anaheim, All Urban Consumers, Consumer Price Index for the prior 12 month period ending on May 30th.

(Amended by Ord. 774, adopted 11-27-84; Ord. 807, adopted 11-26-85; Ord. 858, adopted 08-25-87)

(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 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 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 and incorporated herein by reference, 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.

(Added by Ord. 1, adopted 12-17-56; amended by Ord. 79, adopted 1-13-58; Ord. 940, adopted 12-17-91; Ord. 1114, adopted 1-22-02; Ord. 22-1480, adopted 4-12-22; Ord. 25-1525, 5/13/2025)

In adopting Sections 2104, 2105, 2106 and 2107 of the Downey Municipal Code, the City Council finds, determines and declares that:

(a) In order to govern the City in an efficient but fair manner, the Council must adopt rules that enable the public to address issues before the Council on its agenda or of concern to the individual.

(b) The public expects the City Council meetings to be conducted in a reasoned and deliberative manner so that the issues before the Council can be debated in a careful and thorough manner with due consideration being given to all points of view. Accordingly, persons in attendance at the City Council meeting shall be quiet during the proceedings and shall obey the rules set forth in Sections 2105 and 2106 in order to preserve and to protect the rights of the public for participation in City government and to enable the Council to conduct public business in a fair and efficient manner.

(c) In adopting Sections 2104, 2105 and 2106 it is the intent of the Council to prohibit actions which disrupt, disturb or otherwise impede the orderly conduct of the Council meeting.

(Added by Ord. 872, adopted 12-6-88; amended by Ord. 906, adopted 6-26-90)

Conduct at City Council meetings shall be in accordance with the following rules:

(a) Unless addressing the City Council or entering or leaving the Council Chambers or other meeting place, all persons in the audience shall remain seated in the seats provided. No person shall stand or sit in the aisles or along the walls, unless permitted by the Mayor. No person shall block any doorways.

(b) All demonstrations, including cheering, yelling, whistling, handclapping and foot stomping which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting are prohibited.

(c) No placards, signs, posters, packages, bundles, suitcases or other large objects or trash shall be brought into the Council Chambers or other meeting place if doing so would disrupt, disturb or otherwise impede the orderly course of the meeting.

(d) Smoking is prohibited in the Council Chambers or other meeting place.

(e) It is requested that all persons wishing to speak to the Council at the time designated for oral communications shall state their name, address, and the subject matter upon which they wish to speak for the record. All speakers who wish to address members of the City Council or staff must do so through the Mayor. No person shall address the Council until he or she has first been recognized by the Mayor. The decision of the Mayor to recognize or not recognize a person may be changed by order of the Council.

(f) There will be one oral communication section near the beginning of the City Council Closed Session Agenda. During this time, members of the public may address the Council on closed session items. Each person speaking shall be limited to three minutes. Members of the public may submit comments on closed session items in writing to the City Clerk prior to the closed session meeting which may be read during the comment period at the discretion of the Mayor. For good cause, the Mayor may extend or limit the time for individual speakers or the maximum time for oral communications.

(g) During formal public hearings, all interested parties will be allowed to address the Council. The Mayor shall request persons wishing to address the Council to signify their interest and may limit the time allowed and otherwise coordinate the hearing proceedings. The applicant shall speak after the staff report and shall have the opportunity for rebuttal. The applicant shall not be limited by the three minute time limit, but shall not be repetitious nor digress from the issues before the Council. In the interest of facilitating the business of the Council, all persons addressing the Council shall be limited to three minutes unless such time is extended or limited by the Mayor for good cause.

(h) There will be one oral communication section near the beginning of the City Council Agenda placed after public hearings. During this time, members of the public may address the Council on any agenda, non-agenda and consent calendar items. Each person speaking shall be limited to three minutes and the maximum time allowed for oral communication shall be 30 minutes. Members of the public may submit comments on agenda, non-agenda and consent calendar items in writing to the City Clerk prior to the meeting which may be read during the comment period at the discretion of the Mayor. For good cause, the Mayor may extend or limit the time for individual speakers and/or the maximum time for oral communications. The Mayor may rearrange the order of items on the agenda to ensure the orderly conduct of the meeting.

(i) At the end of the regular City Council meeting, staff and members of the City Council may present any other business that is appropriate for City Council consideration. Unless permitted by the Brown Act, the Council may not discuss such items or act upon them, but an individual Council Member may request that any such item be placed upon a future agenda for consideration by the Council. The procedures for placing an item on a future agenda may be set by resolution of the City Council.

(j) Members of the audience shall respect the rights of others and shall not create noise or other disturbances so as to disrupt or disturb persons who are addressing the City Council, Council Members who are speaking, or otherwise impede the orderly conduct of the meeting. All persons addressing the City Council shall speak in a civil and courteous manner and shall not yell, scream, or use foul language. Speakers shall address the agenda topic to which they are speaking on and shall not be repetitive.

(k) Photographs, audiotapes and videotapes may be taken from any seat within the Council Chamber or other meeting place or from the rear of the Council Chamber or other meeting place. Except when presentations are being made, photographs, audiotapes and videotapes may not be taken from the side or middle aisles or from the front of the Council Chambers as such practices disrupt and disturb the audience, public speakers and Council Members, and interferes with the orderly conduct of the meeting. Photographs, audiotapes and videotapes shall not be taken in any manner which disturbs or disrupts the audience, speakers or Council Members or otherwise disrupts the Council meeting.

(l) The City Council may direct that City Council meetings be viewed by members of the public utilizing video live stream, video conferencing software or similar technology. Public access instructions shall be included with the posted agenda.

(m) Animals are prohibited in the Council Chambers, except for trained K-9 police dogs and trained service animals as defined under State and Federal law.

(Added by Ord. 872, adopted 12-6-88; amended by Ord. 906, adopted 6-26-90; Ord. 1168, adopted 11-09-04; Ord. 17-1377, adopted 5-9-17; Ord. 19-1416, adopted 8-27-19; Ord. 20-1437, adopted 2-25-20; Ord. 21-1473, adopted 12-14-21; Ord. 21-1475, adopted 12-14-21; Ord. 22-1502, adopted 12-13-22)

Removal at City Council meetings shall be in accordance with the following rules:

The Mayor shall preside at the Council meeting and carry out the terms of these rules. In the event any person believes that the meeting is not being conducted in accordance with the Charter, this Code or other applicable laws, such person may bring such a concern to the attention of the City Council in accordance with the rules of this section and Section 2105, but shall not have the right to disobey such procedures. The Mayor may order, through the City Manager or designee, the removal from the Council Chambers or other meeting place any person who, after fair warning, commits any of the following acts at a meeting of the City Council:

(a) Violates any of the provisions of Section 2105 or 2106 in such a manner as to disrupt, disturb or otherwise impede the orderly course of said meeting.

(b) Engages in disorderly, contemptuous or insolent behavior toward the Council or any member thereof or persons addressing the Council, tending to interrupt the due and orderly course of said meeting.

(c) Commits a breach of the peace, boisterous conduct or violent disturbance in such a manner as to disrupt, disturb or otherwise impede the orderly course of said meeting.

(d) Disobeys any order of the Mayor, which shall include an order to be seated or to refrain from addressing the Council.

(e) Engages in any other action or conduct, including speaking, which disrupts, disturbs or otherwise interferes with the orderly course of said meeting.

(f) Any person so removed shall be excluded from further attendance at the meeting, unless permission to attend has been granted by the Mayor, or upon motion adopted by a majority of the Council.

(Added by Ord. 872, adopted 12-6-88; amended by Ord. 906, adopted 6-26-90; Ord. 1168, adopted 11-09-04; Ord. 22-1503, adopted 12-13-22)

The provisions of Sections 2104, 2105 and 2106 shall apply to meetings of the Downey Community Development Commission and any other entity where the City Council sits as the governing board. When the Council sits as such a board, the term "Council" shall refer to the board and the term "Mayor" shall apply to the chairperson or presiding officer.

(Added by Ord. 906, adopted 06-26-90)

Legal notices or other matter may be published by posting copies thereof in the following public locations:

(Added by Ord. 802, adopted 08-27-85)