Reso 2025-034 Extend Safe Harbor Period (CVRA)

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RESOLUTION NO. 2025-034 2 WHEREAS, the City is committed to ensuring that no unnecessary and burdensome costs related to litigation occur, and that prospective plaintiff Bulatao’s attorneys’ fees are kept within the statutory cap of the CVRA; and WHEREAS, the proposed extension would provide the necessary time for the City to conduct public outreach, encourage public participation and receive meaningful public input about a transition from at-large to by-district elections; and WHEREAS, the proposed extension would provide additional safeguards to prevent delays in the City’s transition by ensuring that (1) district boundaries will be established no less than six months before the City’s next regular election to select its City Council members and (2) the City will activate and make publicly accessible a dedicated page on the City’s website providing all public hearings dates and processes pursuant to the requirements under the CVRA. NOW, THEREFORE, the City of San Leandro City Council does RESOLVE as follows: Section 1. General. The above recitals are true and correct and incorporated by reference herein; and Section 2. Written Agreement. The City Council of the City of San Leandro approves the written agreement to extend the 90- day period under Elections Code Section 10010 (e)(3)(B), during which time Prospective Plaintiff shall not commence an action to enforce the CVRA, to an additional 90 days (for a total of 180 days), subject to certain conditions as described in more detail below. By executing the agreement, Mr. Bulatao promises that no legal action shall be commenced by him against the City under the CVRA or Elections Code Section 10010 before July 5, 2025; and Section 3. District Boundaries. The district boundaries shall be established no later than six months before the City’s next regular primary election to select City Councilmembers. The City Council authorizes the City Manager to work with the City Attorney to review the current district map that divides the City into voting districts in accordance with Elections Code Sections 10010 and 21130, as well as the requirements of the CVRA, the California FAIR Maps Act, and the Federal Voting Rights Act; and Section 4. CVRA Information on the City’s Website. The City Council authorizes the City Manager or her designee to prepare and make public within 10 days of signing the written agreement a website that includes a tentative schedule of the public outreach events and public hearings held pursuant to the City’s transition to district-based elections; and Section 5. Dissemination of Information. The City Council authorizes the City Manager or her designee to conduct robust public outreach, including the scheduling and holding of the required public hearings to solicit input on the proposed districts’ boundaries. The City Manager or her designee will ensure that outreach efforts are inclusive and accessible to all residents, including non-English-speaking communities. In doing so, the City Council authorizes the City Manager or her designee to post all pertinent information