Reso 2025-034 Extend Safe Harbor Period (CVRA)

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2025-034 RESOLUTION TO ENTER INTO A WRITTEN AGREEMENT WITH PROSPECTIVE PLAINTIFF TO EXTEND THE SAFE HARBOR PERIOD PURSUANT TO ELECTIONS CODE SECTION 10010 WHEREAS, the City of San Leandro currently conducts its City Council elections using a hybrid system in which the City is divided into six districts where registered voters in each district nominate candidates on a district basis, voted on an at-large basis, while the Mayor is elected by all voters citywide; and WHEREAS, the California Voting Rights Act (CVRA) prohibits electoral systems that impair the ability of a protected class to elect candidates of its choice by employing at-large methods that may dilute minority voting strength; and WHEREAS, on November 21, 2024, the City received a Notice of CVRA Violation from Goldstein, Borgen, Dardarian & Ho on behalf of Robert Bulatao, the Prospective Plaintiff, who alleged that the current electoral system dilutes the voting power of the City’s Asian American voters and threatening litigation if the City does not voluntarily transition to a district-based election system; and WHEREAS, the Notice of CVRA Violation was not supported by any evidence substantiating the prospective plaintiff’s claims and instead cites to the City’s electoral history of Asian-American candidates, including successful candidates for public office; and WHEREAS, the potential costs associated with defending a CVRA lawsuit, including substantial attorneys’ fees and expert witness fees as well as the limited circumstances where the City may recover its own fees, present significant financial risks to the City; and WHEREAS, Elections Code Section 10010, as amended by AB 350, sets forth the process by which a jurisdiction may expeditiously transition to a by-district election system and avoid the exorbitant costs of litigation under the CVRA; and WHEREAS, under Elections Code Section 10010’s “safe harbor” provision, the City may delay CVRA litigation and cap its liability for legal fees if within forty-five (45) days of receipt of written notice of a potential violation of the CVRA, the City adopts a resolution stating its intent to transition from at-large to district-based elections, and then, within ninety (90) days of adoption of the resolution of intent, the City adopts a resolution of intent and completes the transition process by April 6, 2025; and WHEREAS, Elections Code Section 10010 (e)(3)(C)(i) permits the City and the prospective plaintiff to mutually agree to extend the 90-day safe harbor period up to 180 days by entering into a written agreement; and WHEREAS, the Parties have been involved in active communication regarding the scope of the agreement in accordance with the CVRA; and